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HomeMy WebLinkAboutMINUTES - 11161999 - C18-C19 CLAIM ROARD OF SUPERNUSORS OF COMA M51A CD= CAUMENI A Amp-AIM I22EIR 16 1999 Claim Against Me Coumy, or District Governed by � te Board of Supervisors, Rating Endormnerlts, NOTICE TO CLAIMANT and Board Action. All Section references are to l 'the copy of this tbcurwt moiled to you is your California Goverwent Codes. l trotice of the action taken on your claim by the Board of StPrvisors. tP ewaph IV belov4, liven wswt to Govem gffl Code Section 913 and 6W. PAm wto all Iftrrings". AMOUNT: $727.00 � v C1..AIMANT: James Christie <=A ATTORNEY: c/o Suzatme Kittle DATE REC r4W: October 19, 1999 Claim Expediter ADDRESS: State Farm Mutual Automobile BY DEITYERY TO CLERK ON: �tober #9. 1999 _ Insurance Cerny P. 0. Box 6403 BY MAIL POSTMARKED:Wit.. ,r. 19.__1999 Rohnert Park. CA 94927 L FROft Clerk of the Bogard of Supervisors wt fly Counsel Attached is a copy of the abov*-std claim. #ed: October 20 1999 By. Deputy— BA�.. . 4� FROX, County Counsel TO. Clerk of the Board of Supervis rhis claim complies substantially with Sections 930 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are to notifying claimant. The Board cannot act for 13 dsys (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was fi 'li ie and send warning of claimant's right to apply for leave to present a tate claim (Section 911.3). ) Other: Dated: ! 27 .....,...BY; �'ra Depury Cc►urtty Counsel III. Ston. Clerk of the Board TO. +Canny Counsel (1) County Admiats+trator(2) Claim was returned as untimely with notice to claimant (Suction 9113). 1V., t Ut: By unanimous vote of the Supervisors present:( This Claim is rejected b lull. I owdfy that this is a true and micas osopy of the Board's Order entered in minutes ffiis date. Dated 0 9.PHIL BATCHELOR. Clerk, By Deputy Clerk WARNING (Gov. code section'913) Subject to certain exceptions, you have only six(6) months from the date this notice wjs personally served or deposite! In the mail to file a court action to this claim. See Government Code Section 945.6. you any seek the advice of an attorney of your cbotce in connection with this matter. If you want to consult an attorney.you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFEDAVIT OF M4R NC - I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United Stites Pastel Service in Martine& California, postage: full., prepaid ao ified copy of this Board Order and Notice to Claimant, dress the cl ' t as shown above. Datrd: By: PHIL BATCHELOR By 13eputy Clerk STATI FARM 'State Farm Insurance Companies INSU@ANCg October 19, 1999 North Coast/6400 State Farm Dr. P.Q. Box 6403 Rohnert Park, CA 94927-6403 Clerk of the Board of Supervisors County Admin building, Room 106 651 Pine Street Martinez, CA 94553 s CERTIFIED MAIL Re: Claim Number: 05-4388-757 Date of Loss: August 25, 1999 Dear Claims: State Farm Mutual Automobile Insurance Company, on behalf of Subrogee, James Christie hereby makes a claim for$727.00 and makes the following statements in support of claims: 1. Notice concerning this claim should be sent to: State Farm Insurance Companies PO Box 6403 Rohnert Park, CA 94927-6403 The date of the accident occurred on August 25, 1999 at I 1 AM on Mt Diablo& Broadway, Safeway parking lot in Walnut Creek, CA. 2. The circumstances giving rise to this claim are as follows: Your employee, driving a county vehicle, license# 052373, a truck, backed up into our insured vehicle, thus causing property damage. 3. The injuries reported consisted of none. 4. Our total claim is as follows: Company's Net Payment $477.00 Insured Deductible/interest $250.00 Total Property Damage $727.00 HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 t . State Farm Insurance Companies 4& North Coast/6400 State Farm Dr, RO.Box 6403 Rohnert Park, CA 94927-6403 Page 2, 05-4388-757 NOTICE: This form is provided notice of our claim for damages in accordance with the 120-day statute. If this form is not acceptable for compliance with the statute, please rush the necessary form to my attention for proper filing. State Farm Mutual Automobile Insurance Company Dated: October 19, 1999 Employee Name Suzanne Little Employee Title Claim Expediter Employee Phone Number 500-440-6177 Team 7 Sincerely, Suzanne Little Claim Expediter 800 440 6177 Team 7 State Farm Mutual Automobile Insurance Company SL Enclosure: Completed claim form Supporting documents HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 _ _ _ ►- `� 767 Claim to. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1957, must be presented not later than the 100* day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1958,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt.Code§911.2.} B. Chums must be filed with the Clerk of the Board of Supervisors at its office in Room 146, County Administration Building,651 Pine Street,:Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D.- If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec.72 at the end of this farm. At IN * * * * * * * x * * arse erre * ae * * * srre * k * RE: Claim by ) Reserved for Clerk's filing Stamp `tri���, "`�-�l�Y f`? r s''"' `> � - _ _ -• — , Against the County of Contra Costa e5=4386-737 FB or District (Fill in Name) The undersigned claimant hereby mattes claim against the County of Contra Costa or the above named District in the sum of S %-� 7,J'' and in support ofthis claim represents as follows: 1. When did the damage or injury occur? (Give exact Date and Hour) <^ ----_----_+«------ 2. Where did the damage or injury occur? (Include City and County) - ----------------------------- c} 1ntir.�( 1fc f F c, l «_...,..,. 4-----------------------------------J--- 3. How did the damage or injury occur? (Give full details;use extra paper if required) �}tC i%-Y 'L,t'Y•s^, :� r'/, f a.L. O B /:. :` .-1- t { .�j r yj Cl �+, E fl 'tL•c c r.'4 �`i` �.rt -%C t. v u t't t 'Ff .a 1 ? `„ •..[� :,(,Z� i 5-�:: v t.:-1' ��? G C t'i ... k L{ t�iJ < Gtr-.G r r1.�ti C:yQ ----------.----------------------------------------.----------_-----� - ----.--------- 4. ----`•---4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? t- F i %u s _ 40 /00 o I'A. { 7 Yj /s✓�� F r^t C C- , t +(Over) S. What are the names of county or district officers,servants,or employees causing the damage or injury? 6.~ What damages or injuries do you claim resulted? (Give to extent of injuries or damages claimed, Attach two estimates for sate damate.) 7. How was the above claimed amount computed? (Include the estimated amount of airy prospective injury or damage.) tic _ uSe S. Names and addresses of witnesses;doctors,and hospitals. ------------------------------------------------------------------------------------- 9. .hist the expenditures you made on account of this accident or injury: HATE STEM AMf)11R"r * # * # * * * * * * * * a # # * * * * # * a * * a * * * at * * * * # * a * * * * # * * # # # k * * * * * * # * Gov. Code Sec.910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Att6rney3-- or by some person on his behalf." Name and Address of AttwmtT Claimant's Signature) p (Address) Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand dollars (51,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(510,000), or by both such imprisonment and fine. Mrr,f.RM RBZ0006Z date: 10--11-99 page: 1 lNSY RitiC ....... ... ... ..:....a.'.-. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AUTO PAYMENTS BY COL, at ► ? .............. policy number named insured date of loss IF2_ TZ ,, .�AI� S C 00 -25 S) 9 CCS , 14 0 0 C denotes consolidated payment P denotes previous data COL: 400 indemnity: 467. 00 dir rcov: 0.00 ex ense: 0. 00 payment number payee amount status COL pay code reporting party 102501579) JAMES C. CHRISTIE 467. 00 PAID 400 1 Named Insu 102501574) JAMES C. CHRISTIE 467. 00 VOID 400 1 Named Insu 4=C>11-1 95 O 1 C denotes consolidated payment P denotes previous data COL: 501 indemnity:____ 10. 00 dir rcov: 0. 00 expense: 0. 00 payment number payee amount status COL pay code reporting party 102598355J JAMES C. CHRISTIE 10. 00 O/S 501 1 Named Insu Date: 08/26/99 05:28 P.M. Estimate ID: 05-4388-75701 Estimate Version: 1 Supplement: 1(P) 08/26/99 02:50: Profile ID: *PLEASANT HILL (PCP) STATE FARM INSURANCE COMPANIES 333 CIVIC DRIVE P.O. BOX 4011 PLEASANT HILL ,CA 94523 (925) 680-4100 Fax: (925) 680-4170 Damage Assessed By: MARGARET WISE Appraised For: CLAIM REP TEAM 6 (800) 440-6175 Supplemented By: MARGARET WISE Condition Code: Excellent Type of Loss: Collision Date of Loss: 08/25/99 Deductible: 250.00 Claim Number: 05-4388-75701 Insured: JAMES CHRISTIE Address: 64 ALBERTA TER WALNUT CREEK, CA 94596-4901 Telephone: Home Phone: (925) 930-8956 Mitchell Service: 917703 Description: 1987 Acura Legend Vehicle Production Date: 9/86 Body Style: 4D Sed Drive Train: 2.5L Inj 6 Cyt 4A VIN: JH4KA2646HCO01867 License: 2DMOS56 CA Mileage: 76,927 OEM/ALT: A Search Code: B1MM Color: SILVER/GREY Options: AIR CONDITIONING, POWER STEERING, POWER BRAKES, POWER WINDOW, POWER DOOR LOCK, TILT COLUMN, CRUISE CONTROL, ELECTRIC DEFOGGER, STEREO RADIO, CASSETTE, AUTOMATIC OVERDRIVE, FRONT WHEEL DRIVE, POWER ANTENNA, 4-DOOR, FUEL INJECTION. Line Entry Labor Line Item Part T Item Number T e Operation Description umb/ Amount Labor —'�-- Part Number Amount Units 1 AUTO BDY OVERHAUL REAR COVER ASSY 1.8 2 734670 BDY REMOVE/REPLACE REAR BUMPER COVER 71501-SD4-670ZZ 254.42 INCL 3 AUTO REF REFINISH REAR BUMPER COVER C 2.7 4 900500 BDY* ADDIL LABOR OP FLEX ADD New 3.00* 0.0* 5 AUTO REF ADDIL OPR CLEAR COAT 1.1 6 933003 BDY* ADDIL OPR TINT COLOR 0.5* 7 AUTO ADDIL COST PAINT/MATERIALS 95.00* * - Judgement Item C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 08/26/99 14:21:56 05-4388-75701 ULtraMate is a Trademark of Mitchell International MitcheLL Data Version: AUG-99_A Copyright (C) 1994,1995 MitchelL International Page 1 of 2 All Rights Reserved Date: 08/26/99 05:28 P.M. Estimate ID: 05-4388-75701 Estimate Version: 1 Supplement: 1(P) 08/26/99 02:50: Profile ID: *PLEASANT HILL (PCP) Add'[ Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals Ii. Part Replacement Summary Amount Body 2.3 55.00 0.00 0.00 126.50 Taxable Parts 257,42 Refinish 3.8 55.00 0.00 0.00 209.00 Sales Tax 8.250% 21.24 Non-Taxable Labor 335.50 Total Replacement Parts Amount: 278.66 Labor Summary 6.1 335.50 III. Additional Costs Amount IV. Adjustments Amount Taxable Casts 95.00 Insurance Deductible 250.00- Sales Tax is 8.250% 7.84 Customer Responsibility 250.00 Total Additional Costs 102.84 I. Total Labor: 335.50 II. Total Replacement Parts: 278.66 III. Total Additional Costs: 102.84 Gross Total: 717.00 IV. Total Adjustments 250.00- Net Total: 467.00 Less Original Net Total: 717.00 Net Supplement Amount: 250.00- 51: MARGARET WISE 250.00- Points) of Impact 5 RIGHT REAR CORNER (P) Inspection Site: PHSC Inspection Date: 08/26/99 REPAIRS TO THIS VEHICLE MAY REQUIRE SPECIFIC WELDING EQUIPMENT AS RECOMMENDED BY THE MANUFACTURER REINSPECTION FAX HOTLINE FOR BODY SHOPS ONLY 925-680-4165 ESTIMATE RECALL NUMBER: 08/26/99 14:21:56 05-4388-75701 UltraMate is a Trademark of Mitchell International Mitchell Data Version: AUG-99 A Copyright CO 1994,1995 Mitchell International Page 2 of 2 All Rights Reserved i rEy . 1 y N _ _ State Farm Insurance Company CAR REN'T'AL AND TRAVEL EXPENSE-COVERAGE R1- You have this coverage if"Rl"appears in the"Coverage's" space on the declarations page 1. Car Rental Expense We will : A. repay you up to$16 per day when you rent a car from a car rental agency or garage:OR Due to a loss to your car which would be payable under coverage D,F or G. This applies during a period starting: A. when your car cannot run due to the loss: or B. if your car can run,when you leave it at the shop for agreed repairs: and ending: A. when it has been repaired or replaced,or B. (1)when we offer to pay for the loss,if your car is repairable,or (2)five days after we offer to pay for the loss,if: (a) your car was stolen and not recovered,or (b) we declare it a total loss, which comes first ..::::: .... .... I INN CERTIFIED ` $b400 , 1. a jYe ohttert Pam, 6-0001 CA 9492 FIRST CLASS MAIC. Y Li f x. x< v<' i' w :. __. CLAD RQARDD Of SUERNISOR.S QE COMA_MTA_ Ai TFO MA MAD {1L`' 01 NOVa6ER. 16, 1"9 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this docwwt mailed to you is your California Government Codes. y vice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belavul, given ' pursuant to Governrern Code Section Sid and 815.4. FWase note all "Warnings". AMOUNT: UNKNOWN OCT 1 00l1N't Y COUNSEL CLAIMANT: NORMAN G. FOLEY AND %MYPF. ATTORNEY: DATE RECEWM— OCTOBER 18, 1999 ADDRESS: 6 Beaconsfield Ct. BY D;EGIVF Orinda CA 94563 Ry Tb CLERK ON: OCTOBER 1$, 1999 BY MAIL POSTlMARM— OCTOBER 17, 1999 - NEXT DA L FROM: Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. Dated: OCTOBER 18, 1999PFIIL BAT R, Cler By: Deputy IL FROM County Counsel TO. Clerk of the Board of Supervisors ( Vf This claim complies substantially with Sections 910 and 914.2. { ) This claim FAILS to comply substantially with Sections 910 and 914.3, and we are so notifying, claimant. The Board cannot act for 15 days (Section 914.8). { ) Claim is not timely fled. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: - Deputy County Counsel III. FROM: Clerk of the Board TO` County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 9113). I`V'. OARD ORDER: By unanimous vote of the Supervisors present` ( This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order minut or this date. Dated: PHIL BATOR, Clerk, By Deputy Clerk WARNING (Gov. code section 413) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the snail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do to immediately. "For Additional 'Warning See Reverse Side of?his Notice. AFMA'VI3'OF MAIMG - I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez„ California, postage full prepaid a certified copy of this Board Order and Notice to Claimant, ddressed the cl i t as shown above. Dated: �,t, ,(, ►" 4By: PHIL BATCHELOR By44 Deputy Clerk CC: Cotsnr}counsr.1 County Adyninigmtor GlM�to: BOARD OF SUPERVISORS OF CONTRA COSTAlCOUNTY INSMUTIONS A. Claims relating to causes of action for death or for injury to person or to personal property or gmwing crops and which accrue can or before December 31, 1987, must be presented not later than the 100 'day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action roust be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Erb. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp Norman G. Foley -AL-Bonnier Foley ) � RECEIVED 6 Beaconsfield Ct. IV Qrinda, CA 94561__ -- ) Against the County of Contra Costa or ) UU 1 «` District) �K BOARD OF SUPERVISORS (Fill in name) } ST 00. The undersigned claimant hereby makes claim against the County of Centra Costa or the above-named district in the sum of$Llnkno]dj and in support of this claim represents as follows: at this time. 1. When did the damage or injury occur? (Give exact date and hour) May 5, 1999 , between the hours of 8 :30 a.m. and 5:00 p.m. 2, Where did the damage or injury occur?(Include city and county) in front of Crabtree Graphics, Inc, , 2705 Macdonald Avenue, Richmond, CA, Contra Costa County 94804 3. How did the damage or injury occur?(Give full details,use extra paper if required) Underground drilling work was being conducted along Macdonald Avenue by the City of Richmond and contra Costa County Public Works Department (San Pablo Avenue Interconnect Project) . (see attached page) 3 . How did damage occur (Continued) : The underground boring caused a large amount of brown sludge (looked like sewage) to shoot up in a constant flow along the sidewalk edge where it meets the building. We were able to lcoate a worker from the company performing the underground job, and they used a hose vacuum to take up the initial flow. Afterwards a small seepage continued, and the sidewalk raised up along that seam. In addition, a small the broke off the bottom of the front pillar where it meets the sidewalk. Please note: Norman G. Foley and Bonnie Foley are owners of the property at 2705 Macdonald Avenue, Richmond, Ca. , and are also owners of Crabtree Graphics, Inc. , at that address. S 4. 'erJ'hat particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? The underground work was being performed by employees of Steiney & Co. , Inc. , 27 Sheridan Street, Vallejo, CA 94590 , and Larry Norwood Construction Co. , hired by the City of Richmond and County of Contra Costa. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? No city or county employees were involved. b. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Damage resulted was to sidewalk in front of the building which is now uneven. In recent weeks the elevated section has sunk down a little, but the main concern is what will happen when the rains come and the possibility of the whole area sinking down considering the large amour 7. How was the amount claimed above computed?(IR1udi%Wes'fl6FA a t81148f '�prospective injury or damage.) We do not have a dollar estimate for repairing the sidewalk and any underground area. 8. Names and addresses of witnesses, doctors, and hospitals. Bernardine Johnson and James Brackett, Crabtree Graphics employees, 2705 Macdonald Avenue, Richmond, cA 94804 9. List the expenditures you made on account of this accident or injury. DATEL AMORM None Gov. Code Sec. 910.2 provides"The claim must be signed by the claimant or by some person on his behalf." Name and Address of Attorney ) Norman G. Foley and Bonnie Foley (—.aima.n 's Signature) 6 Beaconsfield Ct. , ©rinda, CA 94563 (Address) ) Telephone No. l Telephone No. -376-9073 NOTICE Sections 72 of the PerW Code provides: Every person who,with intent to deftud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county}ail fora period of not more than one year,by a fine of not exceeding one thousand(S 1,040),or by both such imprisonment and fern,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,0W),or by both such imprisonment and fine. ,Y k LO 1 0 0 C., Lrlatzj tri t2i C`? tri vi Ln H00 � n c� z C to cn e 19 C'� CLAIM BOARD OF ST-I> OY MMA MSTA "IL C—A�i�'(JFCNA�J1 BOARD AGTtfiht NO�l�z � 1f999 Claim Against the County, or Dstrict Governed by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Gomnment Codes. notice of the action taken an your claim by the z i {Paregrapfi IV belo Board of Supervisors. wj, given pursuant to Govermrent Code Section 913 and . 19019 815.4. Pk= rate all 'Warnings". AMOUNT' NONE STATED '' } 'y COUNSc- CL.AIMANT: RENWICK GIBBS ATTORNEY: N/A DATERZ)CE v-ED: October 13 1999 ADDRESS: Martinez Detention Facility By DELI'1 ERy T7 CLZRK ON: October 13, 1999 901 Court Street, B Mod, Rm. 34 Martinez CA 94553 By MAIL POSE Legal Mail L FROWN Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. PML BA R, Clerk Dated: October 13, 1999 By: Deputy IL FRONL County Counsel TO. Clerk of the Board of Superviso s (' This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 310 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) tither: s Dated: " $y: Y 14� Deputy County Counsel BY. PROM Clerk of the Board 9b: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV OAItD ORD�.'IL- By unanimous vote of the Supervisors present: (v' This Claim is rejected in full. O Other: I certify t this is a true and correct copy of the Board's Order ent in 7minute r this date. Bated: PHIL BATCHELOR, Clerk, By 'I Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. It you want to consult an attorney, you should do so immediately. *For Additional Warning See R*verse Side of This Notice. AFM OF MAIMG: I declare under penalty of perjury that I am now, and at all tunes herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage full) prepaid a rtifi copy of this Board Order aid Notice to Claimant, addre to lain mt as shown above. Dated: / By: PHii. BAT`IMiAR By Deputy Clerk C.C. C:aunty Counsel Cdounty Admiris*.rator FIECEP.... w RK BOARD MJF supe kvmoR #�RA SSA CO. 41 l f J r ..^`y '"� :..:' '-.,.:�'r Z 2 < i �♦.. < i � •♦:.� S� .f` ♦ if .'�:,..�:: ` u yy i k , f5) f L v. i ll t r t, H0,AED OF SUERN-ISORS OF CLAIM _IDARD.,AM fVEMBlR Jj� 1999 pMIm Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to 1 The copy of thisdocr«rnent mailed to you is your Celifrunilt Go��ernmert Cues, notice of ttte action taken on your claim by the r t+, Board of .&Vervisors. (Paragraph ly beloM, liven pp�rosuarn to Goverment Code Section 913 and OCT 13 1999 X15A. Pwase dote all "Warnings". AMOUNT: NONE STATED CUUNTY CCOUNSCL MARTINEZ,CALIF. CLAIMANT: RENWICK CIBBS ATTR"X%MY: N/A Z)ATE pICEVED. October 13, 1999 ADDRESS: Martinez Detention Facility BY DELTVERy To CLERK ON: October 13, 1999 901 Court Street, B Mod, Rm. 34 Martinez CA 94553 BY MAIL pOSTMARKE. Legal Mail E FROK- Clerk of the Board of Supervisors Tu County Counsel Attached is a copy of the above-noted claim. Dated: October 13, 1999 $y: Deputy ­ IL FRONL County Counsel TO. Clerk of the Board of Superviso s (`vol"'This claim complies substantially with Sections 910 and 910.2. > } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.0. ) Other: Ihted: /.. "! — � r„ B C „Ikputy County Counsel M. FRQ?4- Clerk of the Board 70: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911,3). TV. EFL• By unanimous vote of the Supervisom present: (vf This Claim is rejected in full. ( } tither: I c=ertifyt this 18 true and correct ca►py.of the Board's Order est in minute r this data. bated: )4M BATC 3ELO& Clerk, By. lopft Deputy Clerk WARNING (Gov. code section 5013) Subject to certain exceptions,you have only six (6) months from the date this notice was personally nerved or deposited b the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Rtverse Side of'Thin Notice. AFMAVIT OF MAUINc I declare ander penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over 18; and that today I deposited in the United States Postal Service in YATtinez, California, postage full; prepaid a rtifi copy of this Board Order toad Notice to Claimant, dre to latmant as shown above. Dated: $y: I'Hii BA".'CI-IEiAR sy `� Deputy Clerk ct-' County Counsel County Adn*'ir ntot x � e"M Y 9 g t i '1 ii CLAIM BOARD OF SUERNISMS OF C(INUR_A MSTA CiDI.11�,'TY, CAUEO XIA BOARQ,AMQ NOVEMER 16, 1999 Crim Against the County, or District Governed by 1 ft Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this dDcurrmt mailed to you is your California Government Codes. 1 notice of the ecton taken on your daim by the Board of Supervisors. (paragraph !V belovO, given ' pursuant to Govemrrent Code Section 913 and 815.4. Please nate all "Warnings". AMOUNT: $25,000.00 CLAIMANT: Freddie D. Jackson tsr i; ATTORNEY: DATE RECEIVED: October 20, 1999 ADDRESS: Martinez Detention Facility BY DELIVERY TO CLFJM ON: --_-'_Q�.-tober 20, 1999 901 Court Street Martinez CA 94553 BY MAIL POSTMARKED: Ieizal. Mail C-Mod, CO 29 - — L FROM: Clerk of the Board of Supervisors 7C1: County Counsel Attached is a copy of the above-noted claim. PHIL BA ..LOR, Clerk Dated:__-- October 20, 1999 By: Deputyi� ,1 II. FRONT- County Counsel 70} Clerk of the Board of Supervisors (This claim complies substantially with Sections 910 and 910.2. i( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The CIerk should return claim on ground that it was fled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ' By: C � Deputy County Counsel IIL FROM Clerk of the Board TQ County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). N.BOARD ORDM- By unanimous vote of the Supervisors present: ( This Claim is rejected in full. ( ) Other: T certify th t this is a true and correct copy of the Board's Order in ' mina s for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was; personally served or deposited is the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MA]MG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a rtified copy of this Board Order and Notice to Claiman dies to the imant as shown above. Dated: 44By: PHIL BATCHELOR By Deputy Clerk 4C: "aunty Cssed County Adrttini"tor Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIl AMU A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100 'day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 fine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each pudic entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp ` .c t s �--'— r 3 rb Against the County of Contra Costa or; nP2 . Trr!_�.- ) c i ? �- 19099 District) CMRK BOARD 01F SUPFRVISORS (Fill in name) } CONTRA COSTA CO.. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 12 rs¢OX, end in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 9 +, ,y^ s P 4 2. Where did the damage or injury occur?(Include city and county) a .. C4 4 .N } ) x ..k x f l¢F" , > i E• . } to < r u r a .: fw 3. How did the damage or injury occur?(Give full details;use extra paper if required) ' 7- � yy z Hwy ' #�.gi * '',� ; „;: �t p J 2, �•ry r ,i, f ^�'` r gmµ c:,^ ,3F'a�``"L'°},#1 s"'" ,<a}:::a �• v:•tyevz? � sf.,..� � ,� b 4.Fw"+.��•4�1 a+ii'^.. ./� S k,4�....: �.+4'F%�Kr� °.r�`' �"'£`�d t..,,°},i� r ,: ::r. .. r { � 6 fe��%Y�t� lx.:•-x� 4+.s,1£} ,.� �$.... '��'X�'" L"F�y� +{v... ,;}.�•h'` y, 9 C }}t h�S,�"hs!.w,3'•-'' �,�'y°� d� ��d:.�� e �1,:r+�3. t v .'r e�-:': P ... }� a •y. ; Y.r..< ��5,c^$ J`•. � y� ; 4�# 3 #� k . ..r �' f r s.i„3 � >� a :;,dx�'x�.3 . , <! y Xx r i. x+ 9:t:. S kF Y ; E 22 �• :. K $`'c. r� 4:. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? , r #e s t<1 t } ... _.,$�..#.�K 41�01 $..}S >f...;,'i: �Yza,..,,. ?hc!°.•..R�k�g.,.b;`' n ?q.�r... 3 R..4 1.. $ .£•.?b 4 <# "j.'��f .. ` t 'ter 5. What are the names of county or district officers, servants, or employees causing the damage or injury? x.. . �c o,rm.s:.���-��:. e�` s r r<���•q� * �^3��: s,'� r �.sr� �" � �..Sa.................. . 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) S. h3 �{< � 2'•> °s ;�:.#c &`r.A..,. c w:R .,. £. ...;. f.,. t�� �£ ,� ,�' � i L..v�� f(-N si,, ban..QS., rt A% �{.{t :n,.,hT 5 {n.:: �f� #L.`R t'.: Jti.F:t.•�,, �Y.v��i '�„�M g+�� y.'+,? ��y .h �P SS;� 5`^.:: 7. flow was the amount claimed above computed? (Include the estimated amount of any prospective injury or �£^` }}.�,c+ ` }} damage.}... yv r ,. r y,:.,.,A .}'. ^'; k }.S y < > '"'S p' `i4„3}w: %/ >•r k �`` �rw. �i...i.c,Sy ass,,.w.. f 1 � .ls.,..•:. iµ y,.✓;a. 3:..�y' ,k iv, 4 ��. x•.,.� r~:.. I Z.I,r2 'R rk 'c,-w i R' �p �M af' > w p s us +c £Y4 !'r �• '$. `i.4 tti P.. 4 ,-S 4 X” n 4 ...�4.. .L..{',Y :.0: 4'x:fi Y kv4.� r.r. ', L 8. Names and addresses of witnesses, doctors, and hos tals. fig{ -: 9. List the expenditurs you Finade on account of this accident or injury. 1 DATE TIME AMO t 3 yµ i 45 Gov. Code Sec. 910.2 provides "The claim must be t ) signed by the laimant or by some person on his behalf:,, SEND NOTICES TO: (Attomev s Name and Address of Attorney ) Claiman s ignature) (Address) f L, Telephone No. Telephone No. rr NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. €.k) Facility: MD Parte 1 Date : 10/05/99 03 :55 45167 WORTHAN CONTRA COSTA COUNTY DETENTION FACILITY Incident Report Incident Number: 200027519 Incident Date/Time: 05/07/99 08 :30 Incident Type (s) : VIO/OF CORRESPONDENCE Participants : Last Name First Name CCIN Booknum Inv Fac Mod. Sec Rm .Bed JACKSON FREDERICK 070043930 99200994 L MD A A 07 A Incident Occurred > Fac : MD Module : A Section: A Location: OTHER A MODULE, MAIL Action Taken: IR WRITTEN Disciplinary? Y Inmate Violence? N CS Violence? N Contraband? N Fac Damage? N Sgt . Action.: 72HRS LD AND LOSS OF MAIL PRIV. TO END 1417 5-10-99 . Waiver: 2 Findings : 1 Adjusted Type (s) Submitted By > OID: 55982 Name: LUNSFORD Date : 05/07/99 Updated By > OID: 55982 Name: LUNSFORD Date : 05/07/99 Approved. By (Sgt) > OID: 27164 Name : FULWIDER Date: 05/07/99 Approved. By (OD) > OID: 27164 Nance : FULWIDER Date: 05/07/99 Narrative : SYNOPSIS: I-JACKSON WROTE AN INAPPROPRIATE LETTER TO MEDICAL STAFF. NARRATIVE: ON 05/07/99 I WAS ASSIGNED TO DAY SHIFT, ESCORT DUTY. AT APPROXIMATELY 08 : 30 HRS I WAS ASSIGNED BY SGT. WEBB TO WRITE A REPORT. . .A MEMBER OF MEDICAL STAFF RECEIVED A POST MARKED LETTER AT THE MDF FROM AN INMATE. THE LETTER CONTAINED INAPPROPRIATE LANGUAGE AND SEXUAL SUGGESTIONS . PREVIOUS INAPPROPRIATE CONTACTS TO THE NURSE, BY I-JACKSON ON A--MODULE, LED SGT. WEBB TO EXAMINE HANDWRITTING SAMPLES FROM INMATE REQUEST SLIPS TO THE LET'T'ER. I-JACKSON ON A-MODULE WAS DETERMINED TO BE THE INMATE WHO WROTE THE LETTER. I INTERVIEWED I-JACKSON ON A-MODULE AT APPROXIMATELY 09 :1.5 HRS ON 05/07/99 . I EXPLAINED TO HIM THAT INMATE CORRESPONDENCE, THROUGH THE POST, TO FACILITY STAFF WAS PROHIBITED AND INAPROPRIATE. I TOLD HIM THAT ALL RELATIONSHIPS TO STAFF WERE TO BE ON A. PROFESSIONAL LEVEL ONLY, AND THAT HE Facility: MD Page 2 Date : 10/05/99 03 :55 45167 WORTHAN CONTRA COSTA COUNTY DE'T'ENTION FACILITY Incident Report Incident Number: 200027519 WOULD BE RECEIVING A WRITE UP FOR THE LETTER HE SENT TO THE NURSE. I ASKED HIM NOT SEND ANY MORE LETTERS. JACKSON AGREED THE LETTER WAS INAPROPRIATE AND WOULD NOT SEND ANY MORE LETTERS . Nr I . *** End of Report *** t w... CA o1r/ { 4 000z 1 _..... ......... r, , r __..... __.............._.......... .. .:..... ......_ ._............._........ ... ...... . ........ _ _ NOV 19 1999 .......: t t } BOARD OF SUPSVISOR _.CLERK f _.. f s _ .. / "� :: nnJ:iN: .:n.: f r r ......... ......... ......... ...................... ...s"': d fi ........... r ,L.� .. ......... ......... f , ... ._........ ......... :......._. ......-._...-.-._..__ _............_..... __._.. ..............._..-__.........._..............._.........._._ ____................_._.._...__.... ................ _.. _.... ........._.. .......... 3.. : _._....__ .. fi _..... . ......... ,.. _ .... ..... _.... . 1... s..:_ ..._ .....- to r,C ... .............. 3 � F I"! l f 11 } F .�.` Yui` f,4 �•. `1 j" F L J .__ _.. _.....__ ...................... __..... ........................ _.. ........ ....._..-_ ........... . ...... _..__.................. -..._..__................. _............_.._ ............... _...._.__ .... .. __.. _._... ............. ..._._....... .. .. __.._._......_....:.:...._._.. .._............_._. _...... -...... .............. _..............._............................_ __...........__._.............. _. _ ............. ........_. -..._-._................ __.... ....:... -___._..._................ ......... -..-...-........._............ ...._._.. ...................................................... ........._ ....__...... -...-..._... ....._.. ...__..... ................. ...................... _. ___..._,........_.........._.._............................................... __.._..... _-_ .............. _.......-._.___._. _....___.__.. ................._...................._... .__........................ ._ _.._... ........... ............ ..-_.__........ .............. ". ..__.................... ........_..........__.._..._................... _.. .. . .................................................... . . ........................................ fK 0M OF SIMMMMS DE MMA MSTA C0JTMs ![:A MMA A=_jnVFMER 16, 1999 Claim Against the County, or District Governed by the Board of Supervisors, Routing Cndorwmnts, � NOTICE TO CLAIMANT and Board Action. All Section references are to l The copy of this docunent mailed to you is your California Government Codes. l notice of the action taken on your dairn by the � ,eV "T ward of Supervisors. {paragraph IV belowi, oven ? .' sunt to Government Code :�ectinn 9)3 and 15A. Pima rote all *Warnings". AMt3UN''T: $70,000 .00 C()Uig OUN&= . 'y ?gJA.RT1 E.,CALIF, CLAIMANT: iET mo W. MILLER ATTC)RNEY: DATE RECEIM: OCTOBER 8 1999 ADDRESS: 901 COURT STREET BY DEI.I'VERY TO CLERK, ON: OCTOBER 81 1999 ITIS CA 9453 Y MAI.POSTMARKED:—TRANS UITAL�(, za l�t� I. FROM: Clerk of the Beard of Supervisors T(>. County counsel Attached is a copy of the above-noted claim. PHIL BA, k Clerk Dated: Qr tahAr 8,,...999- By: Deputy IL FJ ONO County Counsel TO. Clerk of the Board of Supervise ) This claim complies substantially with Sections 910 and 910.2. vy"This claim FAILS to comply substantially with Sections 910 and 910.2, and we are to notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. 'The Cleric should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.0. { ) Other: Dated: Deputy County Counsel IIL FRO : Clerk of the Board TCh County Counsel (1) County Administrator (I) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). fir, $0AJW p1;, By unanimous vote of the Supervisors present: ( 'Thus Claim is rejected in full. ( } Gther: I certify that this s a true and correct ropy of the Board's Order in ssdrn for this date. Dated: PHIL I3ATCHELC)R. Cleric, By Deputy Clerk WA JQNd (Gov. rode section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional 'Warning See Reverse Side of`Phis Notice. AFMA'VIT OF ZMEG I declare render penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a rtified copy of this Board Order and Notice to Claimants dress to the c t as shown above. Dated: By: PHIL BATCHELOR. By Deputy Clerk VICTOR J.WESTMAN DEPUTIES: COUNTY COUNSEL PHILLIPS.ALTHOFF JANICE L.AMENTA NORA G.BARLOW B.REBECCA BYRNES SILVANO B.MARCHES! CON'T'RA /'OSTA i G �lit'TY ANDREA W.MONIKAL COOPERY CH IEF ASSISTANT COUNTY COUNSEL CONTRA 1 rlJL7 1 i t,/ 4.►I f 1 i OFFICI OF THE C0U C- MARS.OUNSEL E ESTI S ARKE S. TIS SHARON L.ANDERSONMICHAEL D.FARR f t47V �43MlNI$TRA tDN BUTS F -:' LILLIANT FUJII ASSISTANT COUNTY COUNSEL DENNIS C GRAVES JANET L.HOLMES GREGORY C.HARVEY MA 1t`II+1 ,CAI IFOF#41*'�5 1229 KEVINTKERR BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR. BEATRICE LIU ANN GAYLE MUGGLt PAuLYR MUlvzsoN OFFICE MANAGER VALERIE J.RANCHE STEVEN P RETTiG DAVID F SCHM:IDT PHONE(925)335-1800 DIANAJ.SILVER BARBARA N.SUTLIFFE FAX(925)646-1078 NOTICE OF INSUFFICIENCY JACOUELINEYWOODS AND/OR NON-ACCEPTANCE OF CLAIM TO: Jethro W. Miller 901 Court Street Martinez, California 94553 RE: Claim of Jethro W. Miller Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] I. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. Page I [ ] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. VICTOR J. WESTMAN COUNTY COUNSEL By Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: October 11, 1999,at Martinez,California. 9 cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 Clam to'' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRU TIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 1000'day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing craps and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 fine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. if the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp 5 � Against the County of Contra Costa or ) � � 9 t.t'k , ¢ °3I c d, x District) C!� (Fillinnamed e } ) .$) a The undersigned claima%Pereby makes claim against the County of Contra Costa or the above-named district in the sum of$�-�U -��-and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) h ( t - OP °° s c$ .........: 2. Where did the damage or injury occur?(Include city and county) ` - > : $.k.,t R �.$ ?� '7 t�'.a7x <`+,f,� S �p,"�x,y:�� } �� �{} � y,T�g6J,�; 5� h �rki S 'i4 A° $4` E #:� 'F kRe.✓ y.13 &.+:�y.&.,r<r fiue..> {,ny,Yrbr56i ::: 3. How did the damage or injury occur? (Give full details,use extra paper if required) vs .3 � € , ; 4: What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 'are .. f'4 � �x�� ���k.-�' �...s%�•"#�i..�:°i��*''{� �«�'3.�R'�i�t����,�`'3'. .a<a o �'k'�•�..� ��� t 9 S. hat are the tees 60 or 0fnrs, servat , Or employees causing the damagot in3 ihc »r, 'w`a'S j�� X,;Fvv ;. r d z3 9an� k'zv�^ v°r. ^.s,S s' a h 6. What daQe' or injuries do you clatrn resulted? (Give fulf extent of injuries or damages claimed. Attach two estimates for auto damage.) r t €pre 5�ec- 7 { 7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or damage.) { '^" .�f�P +,. �Y{� k '^"�' :y...mss nL:�„� ) '+..''S':x✓�. 4 r. �� ' ��� ��+� 4},�d{Y'�"„f 8. Names and addresses of witnesses, doctors, and hospitals. rn 3< r < a. sbf' 44 r 9. List the expenditures you made on account of this accident or injury. # DATE TIME AMC)UNT y Gov. Code Sec. 910.2 provides"The claim must be signed by the claimant or by some person on his behalf:" SEND NOTICES T4: iev Name and Address of Attorney ) (Claimant's Signature) } (Address) } ) x Telephone No. )Telephone No. NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand($I,000),or by bath such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. COUNTY OF CONTRA COSTA 725 COURT STREET P.C>.Box 917 MARTINEZ,CA 94553-0091 0 gN� Michael R.Coleman J udge September 28, 1999 Ms. Kari Gaspardone Deputy Public Defender Contra Costa County 3811 Bissell Avenue Richmond, CA 94805 Re: People v. Jethro Miller Docket No. 990719-7 Dear Ms. Gaspardone: I have personally investigated the verbal complaint by Mr. Miller. It is true that the court bailiff made an inappropriate comment that, althoughnot spoken directly to Mr. Miller, was overheard by him. I have reprimanded the bailiff and, on behalf of the Court, wish to extend my apology to Mr. Miller. Very truly yours, ' - '`� n Michael R. Coleman r, C t. S`ff zt • C= IN LON all * X . _w moll Y MOW". CLAIM B1RO A Q NOVEMBER 16, 1399 Maim Against the County, or District Governed by } ft Board of Supervisors, Routing Endorseri�ents, � NOTICE TO CLAIMANT end Board Action All Section references are to � � SPY of this'tbct�rnent t�reiled to you is your California Go�,�rnmerlt Codes. � notice of the action taken on your claim by the Board of supervisors. (Paragraph IV beiowl, liven ppu�rrsuant to Gove=nt Code Section 913 and 915.4. please Mote all '"Warnings". ..; AMOUNT: In Excess of $10,000.00 CLAIMANT: BOBBIE J. SPEARS r. ATTORNEY: MICHAEL L. ALDERSON, ESQ. DATE REC"EiVED: 1999 PELLETREAIJ, ALDERSON & CABRAL ADDRESS: 3260 BLUME DRIVE, STE. 410 BY DELTVERY T4 CLERK ON: , (70BER 19. 1999 RICHMOND CA 94806-5277 OCTOBER 19, 1999 BY MAIL PCfSTMARI�E€): L 1 ROft Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. OCTOBER 20, 1999 PHIL 8A" R► Dated: By: 'puty IL FROM: County Counsel TO:. Clerk of the Board of SupervisdA ( ) This claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed tate and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated. By: C_r p y aunty Counsel DL IMOX- Clerk of the Board 7u county Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I $OARD MEW By unanimous vote of the Supervisors present: (v This Claim is rejected in hull. ( } Other: I certify t thi is a tette and cornwt copy of the Board's Order its nein a for this date. Dated- PHIL BATCtL4R, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the snail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an ,attorney of your choice in connection with this matter. if you want to consult an attorney, you should do so immediately. *For Additional 'Warning See Reverse Side of This Notice. AFMAVII`OF MAWNG I declare tinder penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited its the United ;'States Postal Service in Martinez, California, postage full; prepaid 2- certified copy of this Board Carder and Notice to Claimant, dress to the I ' t as shown above. Dated:, By: PHIL BATCHELOR By Deputy Clerk CC: County cSunstl County Admin istmfor Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 1NS ACTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100"` day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing,crops and which accrue on or after January 1. 1788, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not tater than one year after the accrual of the rause of action. ( Govt.. Code §911.2. ) B. Claims must be filed with the Clerk of the Beard of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec.72 at the enol of this form. RE: Claim by ) 'Reserved for Cleric's Filing Stamp .BOBBIE i. SPEARS } Against the County of Contra Costa or Contra Costa County Sheriff-Coroner District) - (Fill in Name) The undersigned claimant hereby mares claim against the County of Contra Costa or the above named District in the sum of S Unknown and in support of this claim represents as follows: at this time 1. When (fid the damage or injury occur" (Give tinct Date and Hour) April 22, 1999, 1: 42 p.m. ___________________________________________..__.____-_.._--------------__--_--_--_-__-- 2. Where did the damage or injury occur." (Include City and County) Intersection of Market and 3rd Streets, City of Richmond, County of Contra Costar State of California, `-_ `` 3. How did the damage or injury occur.' (Give gill details;use extra paper it'required) �_~_i-+�-w y+y�i_ A Contra Costa County Sheriff's Deputy operating a Sheriff 's Department vehicle faired tc " stop at a stop sign and caused a collision with claimant' s vehicle. y4. What particular act or omission on the part of county or district officers. servants. or employees causod the injury or damage" The Sheriff' s Deputy was inattentive, failed to .step at a stop sign, violated his civil .duty of care and all applicable Vehicle Cade sections , among ether acts or omissions causative of the lass herein. A California Highway Patrol Traffic Collision .Report was completed and, so far as presently known, contains information which. is accurate. ATTACHMENT 9 . Claim of Bobbie J. Spears against the County of Contra Costa Sheriff-Coroner 9 . List the expenditures you made on account of this accident or injury: 1. Total destruction of 1991 Cadillac Sedan DeVille : County has paid to claimant the sum of $6, 173 .26 . 2 . Loss of use of claimant ' s automobile between the date of loss and the date of County payment : Approximately $1, 000 . 0P 3 . Wage loss : Claimant has lost approximately three weeks from employment to date, ongoing and future wage loss unknown. Total value of lost wage and benefits past, present future presently unknown. 4 . Medical . All medical treatment at Kaiser .hospital, Richmond, California; treatment is ongoing. Billingamounts presently unknown. 5 . Miscellaneous, incidental and consequential losses, expenditures and costs : The exact nature and amount of which are unknown at present . Claimant is informed and believes this total claim will exceed $10, 000 . 00 . Jurisdiction will reside in the Superior Court . Page 1 of 1 Attachment 9 Claim of Bobbie J. Spears against County of Contra Costa r nro � b � �Csf •n Z (-n 0 N � e ',k UN q - r r� x Ir ru ru Z let H +- Un - LTA W r � Cn2 �z CLAIM 1130Of SIMERMORS OF CC}MA 02STA QQ I a AIffQRX A BARD AOO O`VkR 16, 1999 Miim Against the County, or District Governed by I ft Board of Supervisors, Routing Endorsement NOTICE TO CLAIMANT and Board Action. All Section references airs The copy of this documentrrrailed to you is your California Government Codes. not s ` ice of the action taken on your clam by the Board of Supervisors. (Paragraph IV belov4, given CUUNTY COUNSEL pursuant to Government Code Section 513 and MARTil EZ,CALIF. 815.4. Please ante all "Warnings". AMOUNT: Exceeds the Jurisidctional Minimum of the California Superior Court CLAINLkW: Stephan Weiss and Julie A. Weiss ATTORNEY: c/o Randall C. Brummitt DATE RECEIVED: October 8, 1999 Attorney at Law ADDRESS: 915 Deer Creek Drive BY DELIVERY TO CLERIC ON: Or _n a-,--1999 19 Martinez CA 94553 October 7, 1999 13Y MAiL POSTMARK'E13: L FRONL Clerk of the Board of Supervisors TO. County Counsel Attached is a copy of the above-noted claire. Dated: October 8, 1999 PH1L$A LOB, Cies By: Deputy IL F11Q:ML County Counsel M. Clerk of the Board of Supervilrors ( } This claim complies substantially with Sections 910 and 910.2. ( } Thi.- claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 310.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). C)ther: °�'6z.;r cl pct a rr ti o n I�4-jj,r i.Q a54,:> I-J Gp> Dated: 1 ✓0` By: f Deputy County Counsel IIL FRO:K: Clerk of the Board TO` County Counsel (1) County Administrator (2) ( } Claim was returned as untimely with notic=e to claimant (Section 9113). IV ,,$ ORDER: By unanimous vote of the Supervisors present: (v j This Claim is rejected in mull. ( } Other: I certify at this is a true and correct copy of the Board's Order entered ` 'ts minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secti n 913) Subject to certain exceptions, you have only six (b) months from the date this notice was personally served or deposited in the snail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. 1f you warm to consult an attorney, you should do so mediately. *For Additional Warning See Reverse Side of'This Notice. Al'FEDA`V'IT OF MAIU NG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a rtiified copy of this Board Order and Notice to Claimant, dress to the claimant as shown above. Dated: By: PHIL BATCHELOR $y 71Deputy Clerk CC: COUP-4-v r"'vyr!s;l Count; Idministmtar ?his warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. V.CTOR J.WESTMAN _ . DEPUTIES: COUNTY COUNSEL PHILLIPS.ALTHOFF JANICE L.AMENTA NORA G.BARLOW B.REBECCA BYRNES SILVANO B.MARCHES[ ANDREA W.CASSIDY CH IEF ASSISTANT COUNTY COUNSEL O( TRA Sk1NTY MONIKA L.COOPER VICKIE L.DAWES OFFICE OF THE-COVNW�OUNSEL MARKES.ESTIS SHARON L.ANDERSON MlCHAELD.FARR 3 TTY' f#vt(NISTRA�#!3N$t3iL#}JS ASSISTANT COUNTY COUNSEL LILLIAN LILLIAN T.FUJIIDENNISC.GRAVES JANETL.HOLMES GREGORY C.HARVEY MAR�'I{�{E GA:L.IF{ tM113d5��'1229 KEVINTKERR BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR. BEATRICE LIU GAYLE MUGGLI MARY ANN MASON _..'..:..__.,... PAUL R.MUNIZ OFFICE MANAGER VALERIE J.RANCHE STEVEN P.RETTIG DAVID F.SCHMIDT PHONE(925)335-1800 DIANAJ.SILVER FAX(925)646-1078 BARBARA N.SUTLIFFE NOTICE OF UNTIMELINESS JACQUELINE Y.WOODS AS TO A PORTION OF THE CLAIM TO: Randall C. Brummitt Attorney at Law 915 Deer Creek Drive Martinez, California 94553 RE: Claim of Stephan and Julie A. Weiss Please Take Notice as Follows: In regards to the claim you submitted on October 7, 1999, portions of your claim are timely and portions are untimely. The portions of your claim prior to Auril 1999 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2, because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to April 7. 1999 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action on the timely portions of the claims. Your only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. VICTOR J. WESTMAN COUNTY COUNSEL B /' r y: �, Q Monika L. Cooper Deputy County Counsel I:\TORT\RI SK-MGT\CLAIMS\UNTI MELY\Weiss.W PD Page 1 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Executed in Martinez,California. Dated: October 11, 1999 California. Monika L.Cooper cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 E D -' TO. COUNTY OF CONTRA COSTA OCT BIN CLERK BOA-9 OF SUPERVISORS C(35 rA CO. Claimants, Stephen Weiss and Julie A. Weiss, 915 Deer Creek Drive, Martinez, California 94553, make claim against the COUNTY OF CONTRA COSTA ("COUNTY"), and make the following statements in support of the claim: 1. Notices concerning this claim should be sent to the law offices of Miles, Brummitt & Passalacqua, 1331 N. California Boulevard, Suite 790, Walnut Creek, CA 94596. 2. The date, place and other circumstances of the occurrence 'giving rise to this claim are as follows: a. Claimants are owners of real property located at 915 deer Creek Drive, Martinez, California (hereinafter the "Weiss property"). Claimants purchased the Weiss property in or about February, 1993, and have occupied it as their principal residence since in or about March, 1993. b. Claimants' residence at the Weiss property is serviced by a sanitary sewer system consisting of a septic tank and septic system disposal field, which were constructed and installed prior to Claimants' purchase. c. In or about the Spring of 1998, the alarm for the septic system advised Claimants that the system was failing and sewage was backing up in the system. Claimants immediately had the septic tank pumped, and otherwise began an investigation to determine the causes of the failure. In December, 1998, Claimants ceased using the septic system for several weeks. Upon resumption, Claimants i discovered that the septic system was stilling failing, and sewage continued to back up into Claimants' residence. d. In or about June, 1999, pursuant to their ongoing investigation, Claimants discovered the following facts: (1) COUNTY, and COUNTY's "Health Officer" (believed to be Dan Gura) and "Environmental Health inspector" (believed to be Bill Grossi), who at all relevant times herein mentioned were duly authorized employees of COUNTY acting within the course and scope of such employment, failed to conduct a "site investigation" of the Weiss property prior to permitting and installation of the septic system, which COUNTY and said employees had a mandatory duty to perform pursuant to Sections 420-1.402 and 420-1.603 of the Regulations of Health Officer, Contra Costa County, Governing Installation of IndividualSewage Disposal Systems pursuant to Title 4, Division 420, Chapter 420-6 of the Ordinance Code of Contra Costa County (hereinafter"County Sewage Regulations"). (2) COUNTY and COUNTY'S "Health Officer" failed to require any ,$percolation test" of the Weiss property or designate the location of any percolation test holes prior to permitting and installation of the septic system, which COUNTY and said Health Officer had a mandatory duty to require pursuant to Sections 420- 1.403 and 420-1.604 of the County Sewage Regulations. (3) COUNTY and COUNTY's Health Officer designed, directed, permitted, inspected and approved the construction and installation of the septic system on the Weiss property, and had a mandatory duty to design the septic 2 system in compliance with COUNTY's Ordinance Code and the County Sewage Regulations. Yet the septic system, as designed and approved by COUNTY, fails to comply therewith in the following particulars: i. The septic system disposal field is located in fill, directly above storm drainage piping that drains to an existing creek, in violation of Section 420-1.608 of the County Sewage Regulations. ii. The septic system disposal field is located within the designated road right-of-way (not meeting required setbacks),', and a portion is located under the existing driveway and installed out of contour, all in violation of Section 420-1.608 of the County Sewage Regulations. iii. The septic system as constructed and installed does not comply with the design and plans approved by COUNTY, in violation of Section 420-6.303 of the Ordinance Code of Contra Costa County. iv. The septic system as installed has sewage grinder pumps which are prohibited by COUNTY's Environmental Health department policy without a variance, and no variance was granted. v. The septic system as designed, constructed and approved, is located in an area of landslide activity, faults, poorly drained soils and high ground water, all in violation of Section 420-1.603 of the County Sewage Regulations, and further fails to provide for a suitable expansion area in case of failure, in violation of Section 420-1.601 of the County Sewage Regulations. e. The provisions of COUNTY's Ordinance Code, Title4, Division 420, 3 Chapter 420-6, and the County Sewage Regulations promulgated thereunder, were designed in part to protect against the risk of damage to private property from improperly designed or functioning septic systems. f. Said employees of COUNTY each owed a duty to Claimants to use reasonable care in performing the site investigation of the Weiss property, requiring percolation tests and designating percolation test holes,',and in designing, permitting, inspecting and approving the septic system, and in participating in the above-mentioned conduct negligently breached that duty of care.' g. As a proximate result of COUNTY's breach of its mandatory duties under the PROVISIONS OF THE COUNTY Code of Ordinances and County Sewage Regulations mentioned above, and as a further proximate result of said negligent breach by said COUNTY employees, the septic system on the Weiss property has failed and thereby damaged the Weiss property, and further constitutes a nuisance within the meaning of Section 3479 of the Civil Code, in that it is injurious to Claimants' health and interferes with their comfortable use and enjoyment of the Weiss property. 3. Claimants' injuries consist of damage and risk of further damage to the Weiss property, in that raw sewage backs up into Claimants' home and also exudes from the subsurface to the ground surface on the Weiss property, emitting foul and obnoxious odors and causing a health hazard, and will continue to do so in the future. Claimants' damages include, but are not limited to, costs of repair, diminution in value and loss of use of the Property, and damages for emotional distress. 4 5. Claimants' claim is for an amount which exceeds the jurisdictional minimum of the California Superior Court. Dated: October 6, 1999 MILES, BRUMMITT & PASSALACQUA By: NDALL C. BRUMMITT Attorney for Claimants 5 1 PROOF OF SERVICE 2 I am employed in the County of Contra Costa; I am over the age of 18 years and no 3 a party to the within action; my business address is 1331 North California Blvd., Suite 790, 4 Walnut Creek, California 94596. 5 On October 7, 1999, 1 served the within document(s): 6 CLAIM (to the County of Contra Costa) 7 _ by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:001 p.m. 8 XXX by placing the document(s)listed above in a sealed envelope with postage thereon fully prepaid, in the Unite States mail at walnut Creek, California, addressed as set forth below. I am readily familiar with the firm' practice of collection and processing correspondence for mailing. Under that practice it would be deposits with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course o- 10 business. 11 by placing a true copy thereof enclosed in a sealed envelope and arranging for a courier to hand-deliver the same to the address(es)set forth below. 12 — by personally delivering a true copy thereof to the person(s)set forth below. 13 _ by overnight mail delivering the document(s)listed above to the person(s)listed below at: 14 Supervisor's Clerk Board of Supervisors 15 Contra Costa County 16 651 Pine Steet, Rm. 106 Martinez, CA 94553 17 1 declare under penalty of perjury under the laws of the State of California that the 18 above is true and correct. 19 Executed on October 7, 1999 at Walnut Creek, California. 20) 21 ( # ; 22 AIRE SHI ZLY 23 24 25 26 27 28 LAW OFFICES OF MILES,BRUMMITT& PASSALACQUASUITE 790 PROOF C p / 1331 N.CALIFORNIA BLVD. PROOF OF SERVICE WALNUT CREEK.CA 94596 s.A tp 3L CD O 's aN tr "5 13) N a s @aid Ntp om. 1 F w 4 s! w • Vt. 4 'x 3. d APPLICATION TO FILE LATE CLAIM NOV94BER 16 1999 BOARD OFF SUPERVISORS OF CMMA COSTA COQ. CALIFORNIA BOARD ACTION Application to File Late Claim ) NO"T"ICE TO APPLICANT Against the County, Routing ) The copy of this ocument &1153 to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Burd of Supervisors (Paragraph III, below), California Government Code.) } given pursuant to Government Cade Sections 911.8 and 915.4. Please n em below. a � t � Claimant: ROBERT NIELSEN AND H&N ENTERPRISES a..i Attorney: TERENCE D. BROUGHTON LAW OFFICES OF TE'RENCE D. BROUGHTON k f w 4 t 4 -N Address: ��� `���a �'���a�'. 7080 DONLON WAY, SUITE 122 DUBLIN CA 9+568 October 12 1999 Amount: In Excess of $6,070.97 By delivery to Clerk on , Date Received.* October 12, 1999 By ' l• postmarked On Delivered by "California Over- . i L11--lo-19.9-g- 1 , : Clerk of the Board of Supervisors TOa County Counsel Attached is a copy of the above noted Application to File 'Late Claim. DATED: October 12, 1999 PHIL BATCHELOR, Clerk, By Deputy I. FROM: County Counsel TOt Clerk of the d of Supervisors { ,) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED: V'IC70R WESTMAN, County Counsel., B1' Deputy M. RMI5 WEN Ey Momous vo e of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). { This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Boardfs' Order entered in its i4inutes for this date. DATES PSL BATCHELOR, Clark, By �' Deputy WARMING (Gov. Code $911.$) If you Wish to file a court action on this matter, you must first petition the appropriate aourt for an order relieving you from the provisions of Government Code Section 945.4 (claim presentation requirement).. See Government Code Section 946.6. Such petition must be filed with the court within six (6) amthe from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If M want to 00rault an at should do so imtediatel . 1T. FROMt Clerk of t e 9503 Ms County County AdminiS or Attached are oopieas of the above Application. We noticed the applicant of the Board's action on this Application by mailing a oopy of this document, and a memo thereof has ben tiled and endorsed on the Board's copy of this Claim in accordance With Section 29703. DATEDs PHIL BATCHELOR, Clerk, By Deputy V. FROM: (15 MURty 53w—ml 2 County Administrator TOs Clerk o the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION "TO FILE LATE CLAIM Law Offices of y.. c.r■..syry a;tai{y-,ry� ! ,{j+1Y;. .�Y■ 7080 Donlon Way,Suite 122 ,��,�fJ [vf; Dublin,.CA 94568 PO. Box 398 (925)829-9044 Nevada City,CA 95959 Fax(925) 828.2234 (530) 265-1919 Reply TO: Dublin Office October 7, 1999 ,s Centra, Costa County Board of Supervisors n 651 Pine Street, Room 106 Martinez, CA 94553-1293 Attn: Clerk of The Board of Supervisors RE t Application For Permission To Present Late >Claim Claimant: Robert Nielsen arid,; H&N tnterpri,sos Enclosed are the following documents: Application For Permission To Present Late Claim `hese documents are enclosed for the fallowing reason: For your information and records For your action For filing and return of endorsed filed. copies Pursuant to your request For your review and comment Please call this office to discuss the matter at your convenience Othert Please process said:Application and return stamped "Received" copy (colored copy) in the enclosed envelope. - Verb truly yours Terence D. Broughton TDB s me enclosure a �# a t � { TERENCE D. BROUGHTON LA's OFF-ICES OF TERENCE D. BROUGHTON j 7180 Donlon Why, Suite 122 i Dublin, CA, 94568 Attorney for Claimant ROBERT NIELSEN and H&N Enterprises 6 � APPLI ATION FOR PERMISSION To ,PRESENT DATE 14 ? CIAIM FOR INJURY TO PERSON i (Gov. CODE SECTION 911.4) TCS. COUNTY OF CONTRA COSTA BOARD OF SUPERVISORS I Application is hereby made for permission to present 10 3 the attacher claim after :expiration of the time limit I'll; provided in Government Code Section 911.2. 1'11 ( 3 ) As stated in the attached claim, claimant' s cause 1;4 of action accrued on or about June 10, >1998, after i x i.ration of the thirty days for CONTE CESTA FIREeP � 1 PROTECTION DISTRICT to pay balance' due on invoices. 161 ( } The tim fo.r; presentation of such ,cl.ai.m under l f { Government Code Section 911 .2 expired pan or about June 10, , { 181999. (9 ) while Claimants do not agree that a late claim has 2W been filed,, Claimants had beery in discussions with CONTRA 1 COSTA 'FIRE PROTECTION DISTRICT regarding addressing' the 2'1 parties differences in the balance due Claimant$. CONTRA 2:11 H1 COSTA FIRE PROTECTION DISTRICT has acknowledged holding monies with the county Auditor-Controllers ',offi ce to gay said balance due Claimants when the balance due' had been >;' 'agreed to by the >parties. The CONTRA COSTA FIRE PROTECTION y^-#3, ` !'; DISTRICT has also acknowledged that at the very' .least a 10 2911 ;per cent hold-back as required by contract is being held on i� i! r , i{ Et behalf of Claimants. (SEE EXHIB1 ' A) E When the parties were unable toagree on the total balance due and awing Claimants, A final demand letter was { sent to CONTRA COSTA FIRE pROTECTION DISTRICT on May 10 } 1998 demanding Payment within thirty days from, the .,date of 'J the letter. (SEEEXHIBIT B) There has been no. reSgonse from 4 f t1 the -'District. I d eclare, under penalty of perjury under the laws of `31; the State. of California that the fry going is true and #}'` correct. dated: r TERENCE,, D. BROU rr j) ,. Attorney far Claiman-ta t,3 j 16 t !,I I z •?)3 1� 2 i 1 j I ; TERENCE D. BROUGHTON �I LAW OFFICES OF TERENCE D. BROUGHTON 7080 Donlon Way, Suite 122 Dublin, CA 94568 3 Attorney for Claimant 41 ROBERT NIELSEN and H&N Enterprises ii , 6i APPLICATION FOR PERMISSION TO PRESENT LATE CLAIM FOR INJURY TO PERSON fi ai (GOV. CODE SECTION 911.4) 8i TO: COUNTY OF CONTRA COSTA BOARD OF SUPERVISORS 9i Application is hereby made for permission to present it 10 the attached claim after expiration of the time limit 119 provided in Government Code Section 911 .2 . i 121: (1) As stated in the attached claim, claimant' s cause I 13;' of action accrued on or about June 10, 1998, after 3 141 expiration of the thirty days for CONTRA COSTA FIRE 15 PROTECTION DISTRICT to pay balance due on invoices. I 16' ( (2 ) The time for presentation of such claim under 171: Government Code Section 911 .2 expired on or about June 10, 18 1999 . 19 (3) While Claimants do not agree that a late claim has I 201 been filed, Claimants had been in discussions with CONTRA 21j COSTA FIRE PROTECTION DISTRICT regarding addressing the 22a parties differences in the balance due Claimants~ CONTRA f: S 23 , COSTA FIRE PROTECTION DISTRICT has acknowledged holding 241 , monies with the County Auditor-Controllers Office to pay 251 said balance due Claimants when the balance due had been 26:i:: agreed to by the parties. The CONTRA COSTA FIRE PROTECTION 2711 DISTRICT has also acknowledged that at the very least a 10 1 281: 1 per cent hold-back as required by contract is being held on i i 1 f, �� behalf of Claimants. (SEE EXHIBIT A) 2' I � When the parties were unable to agree on the total 31 balance due and owing Claimants, a final demand letter was 4; j sent to CONTRA COSTA FIRE PROTECTION DISTRICT on May 10, #!� 1998 demanding payment within thirty days from the date of r ' the letter. (SEE EXHIBIT B) There has been no response from i 7 the District. # i R! I declare under penalty of perjury under the laws of 1 j the State of California that the fo, going is true and 10:; correct. ` 11 Dated: � �-- " TERENCE D. BBROUGHTON 12 � Attorney for Claimants 133 141` 15 I� 16 ' i 17 1$1 11 I s 20 21 221 i , 3 ' 3 23 24' 251 26 i 271 28 � i Contra Costa County Fire Protection District Fire Chief L ALLEN LITTLE June 26, 1997 Terrence D. Broughton 7480 Donlon Way, Suite 122 Dublin, CA 94568 RE: Monies Owed to H & N Enterprises Deer Mr. Broughton: We have reviewed the information you have provided us in your letter of June 11, 1997. Your stated basis for the Fire District awing back payment to H & N Enterprises, owned and operated by Mr. Robert Nielsen, are inaccurate and without any supporting documentation. H & N Enterprises in 1994 was a weed abatement contractor for the Fire District in the Antioch and Pittsburg areas. H & N Enterprises did discing and hand mowing abatement work for the Fire District. During 1994, the Fire District issued work orders to Mr. Nielsen to perform work as required by the Fire District in accordance with our standards and in compliance with his signed contract. In the case of discing work, he or his employees did the work. In the case of handwork, he subcontracted the work out to Steve Shipp. Shortly after getting billing invoices from Mr. Nielsen regarding handwork performed, we noticed we were being billed for debris removal for jobs which did not require, nor had we specified the need for, debris removal. In order to understand what and why we were being billed for debris removal, we contacted the subcontractor, Steve Shipp. We obtained a copy of a bill Mr. Shipp sent to Mr. Nielsen for the work he had performed. When we checked Mr. Shipp's bill that was sent to Mr. Nielsen and compared it to the bill Mr. Nielsen sent to the Fire District for payment for work performed, we discovered that Mr. Nielsen was charging us for work which neither he nor Mr. Shipp had performed. This motivated us to have several A A �� 2010 GEARY ROAD - PLEASANT HILL, CALIFORNIA 94523-4694 • TELEPHONE {810} 930-5800 - FAX 930-5592 tJ 4527 M-ERFIELD DRIVE • ANTIOCH, CALIFORNIA 94509 - TELEPHONE (510) 757-1303 • FAX 754-8882 WEST COUNTY AREA - TELEPHONE (5 10) 374-7070 Terrence D. Broughton RE: Monies Owed to H & N Enterprises July 1, 1997 Wage 2 meetings and phone conversations with Mr. Nielsen about his inappropriate method of billing the Fire District for work nQtperfo_rmed. It appears, based on your letter, that Mr. Nielsen is attempting, once again, to get paid for work explicitly prohibited in his signed contract by use of another avenue. The Fire District will forward your letter to County Counsel for review and disposition. Monies which belong to Mr. Nielsen, H & N Enterprises, are still being held by the County Auditor-Controller's Office. The payment will be released to Mr. Nielsen when he complies with payment procedures and turns in his last bill for 1994. The Fire District has contacted Mr. Nielsen by telephone on a number of occasions and asked him to submit his final bill so the 10% hold-back, as required by the contract, could be released. We sent a letter to Mr. Nielsen requesting the final bill in order to obtain release of payment. We got no response from Mr. Nielsen. As of this date, we still have not been presented with the final bill from Mr. Nielsen; therefore, we find your letter premature. please urge Mr. Nielsen to submit his final bill. If you have any questions please do not hesitate to contact County Counsel, Sincerely, Michael F. Braz Supervising Inspector Exterior Hazard Control MFB:cj c: Fire Chief Little Assistant Chief Argo Diana Silver, County Counsel Office T:WFB\H&NPay.706lcj L.wAOf tico ��f 0 �'• � of � 1f"r . e/JtC+tl tTl f+Il IU80 Ocinlun Wav,Suite 122 Uuhtan,L Atiforma Y456S 1.510)8:9-14044 1 Fix(51Li)8.8-.:Zj4 May loo 1998 Michael E. Braz Contra Costa County Fire Protection District 2010 Geary Road Pleasant Hill, CA 94509 RE: E & N Enterprises Dear Mr. Braz: Z am in receipt of your letter of April 2 , 1998 . Please once again find "genuinely accurate and truthful bi.11incs" . l have provided not only the individual invoices In question, but a recap sheet and final billing summary as well . if payment in full in the amount of $6, 070 .97 is not received within thirty days from the date of this letter we will, have no alternative but to file a claim and proceed with Litigating this matter. der rely yours, / TIERENCE D. BROUGHT©N TDB:me enclosures EXHIBIT } RECEIVED I TERENCE D. BROUGHTON ( 114252 ) � LAW OFFICES OF TERENCE D. BROUGHTON JUN 0 2 1999 2 7080 Donlon way, Suite 122 -Q0 �;," Dublin, CA 94568 Ct€!4Kk?0AFfflf UPPRVi RS 3 (925 ) 829-9044 C01t-JITRACOSTA CO. .--- 4 Attorney for Claimant 5 6 CLAIM FOR BREACH OF CONTRACT 73 H TO: COUNTY OF CONTRA COSTA BOARD OF SUPERVISORS 9 10 H & N ENTERPRISES and ROBERT NIELSEN, DBA H & N ENTERPRISES, i ; 11 hereby makes claim against CONTRA COSTA COUNTY 'FIRE 12 PROTECTION DISTRICT for the sum of $6, 070,97 (SIX THOUSAND k 13 SEVENTY DOLLARS ANIS NINETY SEVEN CENTS) , plus lawful 14- 1 interest at the rate of 10% (TEN .PERCENT) from October 4, 1511 1994, plus attorney fees and costs, and makes the following 161 statements in support of said claim.- 17 laim:17 1 . Claimants past office address is 6407 Tassajara 1 1-8 Road, Pleasanton, California 94566. 19, 2 . Nonce concerning this claim should be 'sent to 2() TERENCE D. BROUGHTON, Attorney at Law, 7080 Donlon Way, 21 1 Suite 1.22, Dublin, California 94568 . 22 3 . On or about June 2, 1994 claimants and CONTRA i 23 ! COUNTY FIRE PROTECTION DISTRICT entered into two contracts 24', for exterior fire control by discing and mewing (private and 2' public properties as assigned. (Attached) 26 4 . Claimant has billed CONTRA COSTA FIRE PROTECTION 27 DISTRICT for services provided under the terms of said 28 C r i , I contracts in the amount of $33, 736. 15 (THIRTY 'THREE THOUSAND 2 SEVEN HUNDRED THIRTY SIX DOLLARS and FIFTEEN CENTS) . CONTRA 3 COSTA COUNTY FIRE PROTECTION DISTRICT has PAID $27, 665. 16 -4, (TWENTY SEVEN THOUSAND SIX HUNDRED SIXTY FIVE DOLLARS and 5 EIGHTEEN CENTS) to date. CONTRA COSTA FIRE PROTECTION 6 DISTRICT has repeatedly been :gent invoices for the balance 7E due; the last being sent on May 10, 1998, due and payable in 8 ' full in thirty clays, and has refused to pay same. CONTRA 9! COSTA FIRE PROTECTION DISTRICT acknowledges awing claimant 0 at least $3, 073 .92 (THREE THOUSAND SEVENTY THREE DOLLARS and 1 NINETY TWO CENTS) as a total 10% holdback, but refuses to 12 � even pay that amount as well. 1-:3 5 . The public employees who have refused to pay monies 141 ; due and owing claimant under the terms of the contract are t 1 MICHAEL F. BRAZ and ALLEN LITTLE. IG DATED: - --� .-- , 1.7 TERENCE D. BROUGHTON �. Attorney for Claimant t�3 s 19 20 21 ` 22 23 24 25 26 27 28 6407 Tassajare Rd. Pleasanton, CR 54556 (510) 828-9163 Riverview Fire District Invoice# H&N amt. billed Fire District adjusted Difteronce 10%withheld amount paid (based on F.D. arra) 1 $ 13,827.50 $ 12,941.10 $ 886.40 $ 1,294.11 2 $ 12,018.65 $ 9,931.15 $ 2,087.50 $ 993.12 tw-AgW Y+ m 3 $ 2,275.00 $ 2,207.85 $ 67.15 $ 220.79 4 $ 365.00 $ 365.00 $ - $ 36,50 5 $ 2,85 5.00 $ 2,855.00 $ _ $ 285.50 tl $ 100.00 $ 100.00 $ - $ 10.00 7 $ 400.00 $ 369.60 $ 30.40 $ 36.96 8 $ 1,575.00 $ 1,575.00 $ - $ 157.50 9 9 3201.00 $ 274°4!1 S 46.90 8 XLU Total HSN Billed Total F.D. amt Total Difference Total 10°fig Withheld $ 33,736.15 $ 30,619.10 $ 3,117.05 $ 3,062.22 Total Amount Fire District Paid HSN Ent. $30,619.10-$3,062,22(10%withheld)■ $27,556.88 VIl1 ! check# Invol+ce(s)paid Amount of Check 457151 1,2,354 $ 22,806.08 468142 538&7 $ 3,104.64 471418 $ $ 1,417.50 481550 9 2M.W Total paid H&N $ 27,665.18 •'"Note $27,665.18-27,556.88=$108.30 see inv#2 Note 109 with held per letter dated 1/24/94 is$3,073.92 inv#9 F.D. letter dated 11/3/94 billed for work amt$264.40; 10%with held is$26.44 actual check amount is$246.96 with $27.44 with held Y' RiVRVW97.XLS 1 rs. s �t V0i 1 i9sajorY 17d. • Pleo" ton, CA 94566 +(510)8211.9163 klvilview FItt Dli&tet lnvoios 0 H&N srnt. Igilled 1 S 19,$27.58 3 $ 12,01te5 9 $ 2,275.00 4 $ 365.00 5 t 2,855.00 9 $ 10CJW 7 i 400,00 s s 1,575.OU Total H&N Wed 93,736.15 Tatal Amount Este Distrid Paid H&N Ent. chdm*4 Invoica(s)paid AnwwM of Chack 457151 1,2,3&4 t x"".08 488142 5,637 3 3,104.64 471418 a 6 1.417.50 481654 9 6 2" Total paid H&N S 27,185.18 BALANCE ✓V E i i • . i • i i • • • i • i ■ i t t i • t i i • • i • • • • • i • ♦ i l i i � 6 r 0 (0 i 9 7 -A7 QZJA Contra Coats nre Proteetton DtetMot 7120194 DVVt 1C8 f t Y r B}{{ett�h/� l$slut Eut Diablo,Oakie,T ud Piverview Me pmte0tio11 Distrimis CODE PARCEU, COST" Op PYC Ei1tE3 w J Dy 15.110028 $2.10.00 2 .. BE 15-IM029 $400.00 3 BE 15.110.030 $404.00 1 DR, 20.200.037 580.00 2 BE 20.200.038 $240,00 2 DE 20.22D�013 WHO 2 BE 20.063.001 $480.00 2 3� DS 32.220.004 SU0.40 3 CE 32.220-005 $240.00 2 4) BE 33.170.022 $320.00 3 DE 33.012.002 $160100 2 4"MRILLED",204 ` BE 33-03H04 $800.00 2 3 ACRES fiEW CO-210 DE 33.030.028 3400.00 2 CO 33.2771.097 $90.00 2 `.. DE 33-240.074 1240.00 2 tr° BE 33.011.010 $800.00 4 .,. BE 34.070.013 $480.00 2 B6 34.070.002 $800,00 2 BE 51.210.014 $180100 2 BE 61'210.015 NOTE*parties 14&15 tompleated together DIB 51.170.049 590.00 2 " - BB 61'170.050 $70.00 2 Y � BE 62.012.018 i180.00 2 DO 52`012-019 $90.00 2 i. DE 62.012.020 $240,00 2 BA 52.232010 $70.00 2 DA 52.232.011 $70.00 2 DA 62232-012 570.00 2 iw DA 52.232-013 $70,00 2 DA 52.232.014 $70.00 2 2 DE MU-015 $480.00 Z DE 65050-030 SIGO.00 12) Mote*has"TM DR 66.032-012 1580.00 2 D8 66.032.019 *together 1 13) DC 73270.007 $80.00 2 14) D1t0 74 241-001 $0.00 0 74.261.039 $70.00 2 DD 74261-040 $70.00 2 IIT A DY 76.191.011 S72.50 2 t 76131-034 S945.50 ; YE 76`021`0 06 SSQI) r;. f�`"�►�1Si���,. I D 88.190-038 S160.0 2 i' DD 87.W0_051 580.00 2 DA 87ZO.064 170.00 k OS 87•!!30.062 Sf$0.00 � ' DB 87`034`065 5160,00 2 C8 87-030`049 SI&G.00 2 D8 87�J3{1681 s160.70 2 DE 874C-022 $400,00 2 1E 08 89`060.008 $560.00 2 IA 97,036.010 $70.00 2 'CA 97-016014 570,60; 2 LE 874136.015 5 N.00 2 DE 99-484.001 SUVA 2 f. ToW $13,$27.50 (S 160A) "SEE 4) 4 ' s"G i« EXHIBIT a .......ter ..o.•+•.w +�r+rr�+.+.err... r wn. �w... •+fr.rw.r•rr... Mf / RIVERVIEW FLU HOD MOW LVV01C1 l 2: t MD9 FARCE 0 DEBRIS COST 'TOTAL $OP REMOVAL PICTURES rt 1)No tlot-OO2 $190.00 1180.00 4 928194 2)RA: 3-44C•001 \1 155.00 1125.00 S18O.00 2 6126194 3;135 32.220.034 \j 3110.%0 5475.00 #51i3.00 2 6127194 dt . HC 32.220.005 "-$110.00 $255.00 $365.DO 2 8!271944 t HA 67.M2.005 $55.00 1125.00 1180.00 2 00194 1 d.1 HA 68.201.050 $125.00 $125.0% 2 711114 u 6t BA 68.134001 $125.00 $125.00 2 611&14 ' KA 68025M3 $55.00 $12.00 SIBD,00 • 2 6120184 ' 7)RA 66.292.013 155.00 $125.00 3180.00 2 7!17x'94 6)8A 68151014 $55.00 $125.00 $180.011 2 92*194 RA 68.2.81.046„ 371098 `+112:310 $099 11 12_6 1194 f 12'rdSgsa0.98j of X 5�j= ULA� �J.�Si � ► ?' 13"13 a iWAP 125.0Q #18(!,00 2 6; 1(84 vim Orr 5k i ",� '= �I)RA 71.072.008 325%,98 125.00 $375.58 4 7110194(Otdt-=30.98} � : IIA 71.325.018 $55.00 3180.00 2 1110194 10}EB 13,U6.016 $55.00 1255.01{ 3310.00 2 6IM94 118 73,342.012 39s.00 $130.00 6265.04 3 61519;(plan lbr labor 530.00) '{11,110 76-432-017 {293,45 $125.00 1418.45 44t1,6125�94 4yrds+l•t18.45j' Xrc lk'KA 76.03!.034 $65,00 1126.+30 $18010 2 71614 Q%AAia r w 139 U " ' 76.523-002 1126.00 1125.00 2 7111194 14)RA 71.045.024 $55.00 $125-00 #180.0% 2 6120194 15RA W041•015 s55.00 $123.00 11$0.00 E 6123:'94 16 IC : 85226-008 15540 $255.00 $31000 2 6�c6194 17)HC '" 85.043.019 355.00 $255.00 $310.00 2 8l3Gi94 { ; 18")DBO E6.143.002 $0.00 30.00 $%A{3 0 HA ° 96.143.003 $51.00 112500 $1800.00 2 8128194 1, 7,` . EB 224 41& $55.00 $125.00 1180.04 2 7111194 URB W093-01E 155.00 $190,00 $235110 2 $118184 21�3{A '• 87.051.003 12.35.25 5125.00 x55 = 2 11B 87.383-011 $55.00 1180.00 #235.00 2 71194 87.391.002 $55.00 $125.00 $180.00 2 7110194 22)8A 87.291.002 $55.00 $1225.00 3180.00 2 7116194 NA 37.291.003 $55.00 S 125,00 $180.00 2 7117194 811 $7.291-004 $55.00 $125.00 $180.00 2 7117194 118 37.31$6t1B 155.60 3160.00 5235.00 2 7117194 `r 110{ $55.00 $125.00 $180.00 2 6117194 24HB 87.311-020 $55.110 1180.00 1235.00 2 7118194 81'331"421 $55.00 1180.00 $235.00 2 7115194 37.3:1.038 NO WEEDS WRONG BOOS! 1#31 88.440.002 $55.00 $180.00 3235.00 4 7111194 26}HA 88.072.008 1123.00 1125.00 2 612519 64-026-001 S55.D0 $160.00 3235-00 2 ( "f 7d;I!R $5082.001 SKOO #130.00 6236.00 2 t i ti X118 05.102.015 "SOLD TILL FURTHER NOTICE PER b.4i1'SO13 2$)Rt 05-242 t 7 $55.00 $125.nn 1180.00 2 6;23'94 30)6A 25.044-004 0,W D vt HC8I;-107 035 5290.38 S..- 1645.98 4 7116194(3 rds+2-#15.98 wZ}HB 85253015 DB0 ,��J HA . 9595.231.012 $56.04 3125 nn $1800.00 25120194 388y . I. .212.020 $55., 123,5.00 2 6{'20194 33)KA 96.043.007 8400.6 $' 0 1525,88 4 7161946}tds+1•$15.98} 54)RB 18 f 65 012 35S.f. $ l 318{1.00 2 6125194 S-Q VA OS-040.003 155.%� ti .4 .4� 1180.00 2 6!2544 :.3)RA 98.034.007 O W D Hs 09-190-012 S55.Op &J".vO 2236,00 2 7117164 36)ILA 48.151.014 COMP ON OW.072�oea TOTALS 34,3' .68 $7,660.00 312.01,8.65 r-VLJIDIT f- •64137 Tatsalars Rd. •Fleas "ton,CA 94566 •(51 O)828.9163 BIVERVERVIEW DISKING 7044 INVOICE 13 CODE PARCEL M COST 0 OF DATE PICTURES ii DE 41-=.00I 1715.00 4 7114AM g)D? 524161407 $1.5moo 8 745+64 TOTALS QlM.o0 j '") e T a ara Rd. R 1J L�`T E l IL�TR RUHR R 6 t�T aas l ra 94 68 Contra costa County invoice 17 `Pleasanton, 015c='ng H & N Enter •(5 10) 828.9163 !nvolce 17 6407 TaSS31= 917194 measantom, CODE PARCEL # .CAST ! OF DATE PICTURES 1> D80 33.140W22 090 DE 33-140-022 $400.W 2 9!6194 Total CoS.t• SMOO TMI I Of Plcture$ - 2 yyf' ATTENTION CGUKIE tax # 754.8852 RIVERVIEW DISKING INVOICE # 9 COLE PARCLE # COST OF PICTURES DATE DE 32-340-004 $320.03 2 9/i 3194 s PVuir IIT /' copy� BETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RIVERVIEW FIRE PROTECTION DISTRICT 1994 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING ON PRIVATE AND PUBLIC PROPERTIES AS ASSIGNED CONTRACT DOCUMENTS NOTICE TO CONTRACTOR ABATEMENT SPECIFICATIONS BID PROPOSAL ABATEMENT CONTRACT APPENDIX l : WORKERS COMPENSATION LIABILITY APPENDIX 2 : PERFORMANCE BOND APPENDIX 3 : PAYMENT BOND EXHIBIT A 3 By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts . By: Allen Little, Fire Chief Publication Dates : (Pub. Contract section 20812 ) Contra Costa Times : 04/20/94 & 04/25/94 Daily Ledger: 04/20/94 & 04/25/94 San Ramon Valley Times : 04/20/94 & 04/25/94 West County Times : 04/21/94 & 04/26/94 W.A.C . 94 - NC p2 of 2 SPECIFICATIONS FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING This Specifications document is intended to cooperate with the Notice to Contractors, Contract, Bid Proposal, and Orders as discussed herein, so that anything exhibited in the Notice to Contractors, Contract, Bid Proposal , and Orders not mentioned in the Abatement Specifications is to be considered as if exhibited, mentioned and set forth herein. SECTION A - DESCRIPTION OF PROJECT 1 . The Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts of Contra Costa County, hereinafter referred to as the "Fire District" or "District" , notifiesproperty owners within each Fire District of potential fire hazards related to dry grass , weeds, combustible rubbish and dead trees on their property. The property owner is given a specified amount of time to remove the hazard. If they do not comply, a work order is given to the Fire District contractor to do the required work. 2 . Scope. The conditions to be covered under this contract consist of furnishing all materials, tools, equipment, transportation, supervision, incidentals and labor as specified in these documents, unless otherwise supplied by the Fire District involved in the abatement of weeds , refuse, rubbish, or other fire hazard conditions, in accordance with District Ordinance and the California Health & Safety Code, within the boundaries of the Fire District. SECTION B - INSURANCE, BONDS AND SALARY REQUIREMENTS 1 . Before any work is commenced on this contract and within thirty ( 30) calendar days after the date of award, the successful bidder shall furnish to the Fire District evidence of insurance as follows : a. Workers ' Compensation Insurance. The contractor shall maintain adequate Workers ' Compensation Insurance under the laws of the State of California, for all labor employed by him/her or by any subcontractor under him/her, who may come within the protection of such Workers ' Compensation Laws of the State of California, and shall provide, where practicable, employers ' general liability insurance for the benefit of his/her employees and the employees of any subcontractor under him/her not protected by such compensation laws, and proof of such insurance, satisfactory to the Fire District, in form satisfactory to the Fire District. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of 'California. b. Public Liability and Property Damage Insurance. The contractor shall,- in addition, take out and shall 'furnish, satisfactory proof by certificate or otherwise, as may be required, that he/she has taken out public liability and property damage insurance with an insurance company, complying with the requirements herein set forth and satisfactory to the Fire District, and in such form as shall be satisfactory to the Fire District, to protect said contractor and the Fire District, its officers, employees or agents, against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and, also to protect said contractor and the Fire District, its officers, employees , or agents against loss from liability imposed by law or damage to any property, caused directly or indirectly by the performance or execution of this contract or any subcontract thereunder. W.A.C . 94 - Spec. pl of 8 THE POLICY OR POLICIES, OR RIDER ATTACHED THERETO, SHALL NAME THE BETHEL ISLAND, EAST DIABLO, OAKLEY, AND RIVERVIEW FIRE PROTECTION DISTRICTS, ITS OFFICERS AND EMPLOYEES, AS NAMED INSUREDS AND PROVIDE FOR AT LEAST THIRTY (30) DAYS WRITTEN NOTICE OF POLICY LAPSE OR CANCELLATION To THE DISTRICT. Said public liability and property damage insurance shall be maintained by the contractor in full farce and effect during the entire period of performance under this contract in the amounts of not less than the following: ( 1) Limit of liability for injury or accidental death: one person. . . . . . . . . . . . . . . . . . . . . $1,000,000 one accident. . . . . . . . . . . . . . . . . . . $1 , 000,000 ( 2 ) Limit of liability for property damage: one accident. . . . . . . . . . . . . . . . . . . $1,000, 000 If the contractor fails to maintain such insurance, the Fire District will terminate this contract and deduct and retain a sufficient amount of money from any sums due the contractor under the contract to cover any damages which the Fire District may be liable to pay as a result of any uninsured operations by the contractor thereunder. Nothing herein contained shall be construed as limiting in any way the extent to which the contractor may be held responsible for payment of damages to persons or 'property resulting from the contractor's operations or the operations of any subcontractor under him/her. 2 . Contract Bonds . The contractor shall, at the time of signing the contract, furnish two good and sufficient surety bonds of a surety company or companies authorized to do business in the State of California and satisfactory to the Fire District, covering the entire 1-year term of the contract, as follows : a bond in an amount equal to fifty percent (50%) of the total bid for one year' s work for the payment of just claims for materials , labor and subcontractors employed by him/her thereon, and a bond in an amount equal to fifty percent ( 50%) of the full amount of the total bid for one year's work as surety for the faithful performance of the contract. 3 . The contractor shall comply with all local, State and Federal regulations applicable to labor, wage rates, hours of work, apprentices, aliens, subcontractors , and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. SECTION C - CONTRACTOR RESPONSIBILITIES 1 . The contractor shall furnish all equipment, material, supplies and labor when and where ordered, and pay all fees necessary to complete the work to the satisfaction of the Fire District. 2 . The contractor shall provide direct supervision of his/her employees and shall be responsible for correctly locating and abating all parcels designated for abatement. 3 . The contractor shall complete all work as described on work orders in a timely and professional manner to the satisfaction of the W.A.C. 94 - Spec . p2 of 8 Fire District. Abatement work orders issued to the contractor shall be completed within fourteen ( 14 ) calendar days from the date of issuance. The contractor shall return the work orders no later than fourteen ( 14) calendar days after the 'work is completed. 4 . There shall be at least one contractor' s representative (e.g. the owner, a supervisor or employee) who is fluent in English on the job site at all times to answer expressed concerns of involved landowners or residents and to address any on-site District staff concerns . 5 . The contractor shall, to the best of his/her ability, insure his/her employees are polite to the public at all times . 6 . The contractor shall not abate parcels where work orders have been issued, when the following conditions are found to be present: A. Any property that shows signs that abatement has been started, unless otherwise directed by the Fire District; B. Growing cropland or other cultivated vegetation, unless existence of crops or cultivated vegetation is noted on work order; C. If permission to enter upon any property is denied, or the workers are ordered off the property; or D. The actual work to be done exceeds 150% of the abatement specified in the work order. In such cases , all workers and equipment are to be removed and the Fire District notified as soon as possible. 7 . Where the contractor is unable to complete the work as ordered, the contractor shall inform the Fire District in writing within 48 hours stating why such work was not or cannot be completed as ordered. 8 . The contractor shall maintain an office and adequate office staff within 100 miles of the Fire District ' s office to facilitate necessary communication. The contractor and office staff must be available for contact by the Fire District during the normal work day ( 8am to 5pm) . The contractor shall maintain records and reports relating to the contract work, which shah be available for inspection by the Fire District. 9 . The Fire Chief shall be informed at all times as to the amount of equipment the contractor has operating in the District at any time during this contract. When the contractor has less than the total number of equipment in operation required by this contract, the Fire Chief may order the contractor to place more equipment into operation. Upon notification by the Fire Chief, the contractor will have forty-eight (48) hours to put the additional equipment into operation. 10 . In accordance with Section 13 of the Abatement Contract, the contractor shall conform to the requirements of Section 4100 through 4113 of the Public Contract Code pertaining to subcontractors . 11 . The contractor shall comply with all local, state and federal regulations applicable to labor, wage rates, hours of work, apprentices , aliens, subcontractors , and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors , and is incorporated herein by reference thereto, the same as if set forth in full herein. W.A.C. 94 - Spec . p3 of 8 12 . The contractor shall at all times use the type of equipment that will, do the ordered abatement satisfactorily and safely in the shortest amount of time, without creating erosion or slide problems . 13 . The contractor shall complete all abatement work in the orders to be issued by the Fire District or indicate the reason why not done. The work carders will consist of parcels identified by County Assessor parcel numbers . The area to be abated on each parcel will be specified in these orders for the abatement work on such parcels . 14 . The contractor shall provide a sufficient number of good quality photographs not less than 31' x 3" in size to show the condition of each parcel just before the abatement work begins and the condition of the parcel upon the completion of the work. Before and after photographs shall be taken from the same location. Each photograph shall be identified by parcel number and date the photograph was taken. The photograph will be given to the Fire District by the contractor at the time of invoicing for work completed. Invoices without good quality photographs will not be accepted for payment. The photographs will become the property of the Fire District. All costs for cameras and photographs shall be included in the bid price. 15 . The contractor shall be solely responsible for satisfactorily repairing or replacing anything damaged, such as water pipes, fences, gates , landscaping, etc. , by his/her employees and/or equipment . 16 . The contractor shall submit invoices at least every two weeks, unless a different length of time is approved by the Fire District. SECTION D - FIRE DISTRICT RESPONSIBILITIES AND PREROGATIVES 1 . The Fire Chief, as Administrator of the Exterior Fire Hazard Control Program, shall have final determination as to any conflict, dispute, changes or amendments, and shall be the sole judge concerning the intent of the contract documents . 2 . The Fire District reserves the right at any time during the period set for performance of the work to: A. Specify a particular method of abatement and type of equipment for any given parcel; B. Add to the amount of work to be completed; C. Remove certain work from the list (Orders) ; D. Schedule certain work as to date work is to be performed. 3 . The Fire District will provide work orders giving the following information: A. County Assessor's parcel number; B. Address and/or street name when possible; C. A copy of the map page from the County Assessor' s map book to identify the parcel to be abated; D. Description of work to be done; E. Recommended type of equipment; and F. The District may, if it deems it appropriate, provide photographs to identify difficult to locate parcels to be abated. W.A.C. 94 - Spec. p4 of 8 • r 4 . The Fire District may amend the contract to add additional areas and properties for abatement, and the contractor has thirty ( 34) days after. notification in which to accept the amended documents. If said acceptance is not verified within such period, the contract is thereupon terminated and no further work or compensation therefore shall be due or allowed under the contract. SECTION E - EQUIPMENT REQUIREMENTS 1 . Equipment must be available for immediate use at all times during the period of this contract. 2 . All equipment shall be in good and safe condition and shall be suitable for producing the required quality of work. All equipment and vehicles shall meet all federal, state and local requirements . All motorized equipment used off-read shall be provided with an approved spark arrester. 3 . Every operator of every vehicle or piece of equipment used for the work of the Fire District shall be skilled and competent in the operation of the vehicle or equipment he/she is operating and have any license required by law. 4 . The Fire Chief may order the removal of any vehicle, equipment or operator from the work if it is determined that they do not meet the provisions and intent of this section. When so ordered, the contractor shall repair or replace said vehicle, equipment, or operator within 48 hours , with one approved by the Fire Chief or an authorized representative of the Fire District . 5 . Minimum amount of equipment to be provided by contractor for discing, rotovating and dozing: A. Discing: A minimum of three ( 3) tractors shall be needed. Two ( 2 ) tractors shall be of the wide track crawler type for extremely steep areas and one ( 1) tractor shall be a wheel tractor for discing and rotovating level areas . Each tractor is to be provided with a disc of suitable type, weight and size as required to perform the best discing possible regardless of soil conditions or terrain. B. Rotovating. The contractor shall provide a minimum of one ( 1) 60" rotary tiller. Parcels of property may be ordered abated by a tractor drawn rotary tiller. Such tilling shall destroy and bury the grass and/or weed growth existing at the time of abatement. C . Dozing. The contractor shall provide a minimum of one ( 1) track layer type with a hydraulic operated angle blade. A dozer may be used to level mounds of dirt prior to discing or rotovating, to clear large areas of debris or to establish firebreaks in brush areas . The dozer shall not count as one of the track layers required in Section A above. 6 . In addition, the contractor must provide: A. Sufficient transporting equipment to maintain 'efficient utilization of equipment; B. Arrangements for the storage, maintenance and repair of abatement equipment; C . Cameras and film, including backup cameras for repair replacement; and D. A means of communication, such as a 2-way radio system or cellular telephones, suitable for reaching all sections of the Fire District. The contractor shall provide a sufficient number of communications devices for each of the following: 1 . Job superintendent W.A.C. 94 - Spec . p5 of 8 2 . Discing crew foreman 3 . Transport drivers 4 . Back-up devices for repair replacement, and 5 . Additional devices as needed to maintain efficient procedures . SECTION F - TYPES OF ABATEMENT 1 . Methods . The method of correction and abatement shall be to the specifications and standards of the Fire District and may consist of one or more of the following: A. Discing B. Rotovating C. Dozing D. Various other methods of correction and abatement as directed in the Orders issued. 2 . Discing is the preferred method of abatement on Targe parcels for complete abatement and the establishment of firebreaks on parcels where complete abatement is impractical due to size or terrain. 3 . Rotovating is used on smaller parcels where discing is not practical . 4 . Dozing is occasionally used for the establishment of firebreaks in heavily brushed areas . 5 . These abatements often encounter the following conditions : A. Steep terrain; B. Rough, uneven terrain; C. Rocks, holes, scattered junk, rubbish and debris , etc. ; D. Hard sail conditions that require more than the normal amount of time to satisfactorily complete. SECTION G - ABATEMENT STANDARDS I . Discing and Rotovating. Regardless of soil conditions, all abatement work shall be completed so that all weeds, grass, crops or other vegetation or organic material which could be expected to burn when dry, are completely removed or turned under so there is insufficient fuel to sustain or allow the spread of fire. Note: When soil conditions become dry and hard, usually about the middle of May, most parcels will require several discings . 2 . Complete Abatement. Where complete abatement is required, as much of the entire parcel as possible shall be abated in accordance with the above quality standard. 3 . Firebreaks . Firebreaks shall be installed in accordance with orders issued by the Fire District. W.A.C . 94 - Spec . p6 of SECTION H - PAYMENTS 1 . The contractor will be compensated for that work completed either at the unit charge or the hourly rate specified for that type of work supplied on the Bid Proposal . The number ofparcels specified is estimated as a basis for bid purposes only and the contractor shall accept payment at the various price rates for only that work supplied and actually completed with no additional allowances to be made. 2 . Excluding work to be done on an hourly basis, unit prices are to be based upon the initial abatement work ordered. If the contractor fails to satisfactorily complete work on a given parcel and is required to return and perform additional work, he/she shall receive no additional compensation over the unit price for the initial abatement work. 3 . Work orders will be furnished and only that work indicated for correction and work in such Orders will be compensated under the contract. 4 . In cases where the property owner or their representative orders the tractor operator to remove their equipment from the property, only a "kick-off" charge for the amount of work completed if the work order was issued by unit or the actual time work was being done if the work order was issued by the hourly rate can be charged. Photographs must be taken by the contractor of work done. 5 . The Eire District may specify the maximum amount of time which will be chargeable and allowed for payment by the Fire District for work performed on an hourly basis on any particular parcel of property. If the contractor disputes the maximum amount of time which the Fire District will allow for correction, of a fire hazard, the contractor shall submit the matter to the Fire Chief for determination in writing, setting forth specific facts, reasons , or circumstances justifying the need of additional time for the particular work. The Fire Chief 's determination shall be final and conclusive regarding the dispute and the amount of compensation due the contractor. 6 . Work shall be performed under the general supervision of the Fire Chief, or an authorized representative of the Fire District, who shall have the authority to approve or reject any portion of the work, or to order the suspension of the work for cause. 7 . Payment for completed work will be made after the Fire District approves all work itemized on an invoice. Authorization for payment will be sent to the County Auditor-Controller's office within thirty ( 30) days after the invoice arrives at the District. 8 . 10% of each invoice payment will be withheld to cover any overpayment, or payment in error, or for settlinglegitimate damage claims against the contractor. This money', will be released on or about December 31st if no assessment or damage complaints are pending. The contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the Fire District, by depositing securities of equivalent value with the fire District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the contractor, shall be valued by the fire District, whose decision on valuation of the securities shall be final. 9 . Invoices will consist of : A. Original work orders indicating that each item has been completed or reason for non-completion indicated. The work order shall include the following information. i . Date or dates work done. W.A.C. 94 -- Spec. p7 of 8 ii . For work orders issued by area, the unit ',price shall be listed. For work orders issued by hour, the contractor shall indicate number of employees and actual number of hours each employee worked for each date. Hours charged shall be in 15 minute increments . Hours charged shall be for the actual time of abatement. iv. Total contractor charge for each work order. V. Sufficient number of good quality before and after photographs attached to the work order to document the conditions before work starts and the adequacy of the work done. B. Typed list giving parcel numbers, in numerical order, the total charges for each parcel and the total charge for the invoice. 10 . Any request for a change in the charges invoiced for a parcel shall be made in writing with an explanation of the reason the change is being requested. W.A.C. 94 - Spec . p8 of 8 BID PROPOSAL BETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION ?DISTRICT RIVERVIEW FIRE PROTECTION DISTRICT 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING ON PRIVATE AND PUBLIC PROPERTIES AS ASSIGNED For the performance of exterior fire hazard abatement work in the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts hereinafter referred to as the "Fire District" or "District" . Name of Bidder: H & N Enterprises Business Address : 6582 Tassajara Road Pleasanton, CA 94566 - ---____ _-_-_-- Place of Residence: 6407 Tassajara Road Pleasanton, CA 94566 ___-----_ - The undersigned hereby offers to furnish all equipment, materials and labor where ordered, and to do the work necessary to complete the project as described in the Notice to Contractors in accordance with the Abatement Contract and Abatement Specifications relating thereto which are on file at the Fire District office at the unit prices set forth on Page 3 of this proposal at a total bid amount of: Twenty-Six Thousand Three-Hundred Eighty-Five Dollars (total amount of composite bid from Page 3 of the Bid Document) Dollars $ 2 6 , 3 8 5. 0 0 The work will be done pursuant to the said Abatement Specifications and the Orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed, analyzed, and evaluated by the Fire District after the public opening of the bids by the Contra Costa County Fire Protection District, prior to the award of the contract by the Contra Costa County Board of Supervisors to the lowest responsible bidder. And further, the undersigned agrees to enter into a contract with the Fire District to do the work as provided above if awarded the contract and to furnish the prescribed bonds and insurance. CONTRACTOR (General ) AUTHORIZED SIGNATURE DATE : NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 1-5 OF THE BID PROPOSAL W.A.C. 94 - BP pl of 5 I . BIDDING INFORMATION AND REQUIREMENTS A. The hourly rate is to be figured in man hours. Example: if two people each work one half hour, the charge will be for one hour' s work. B. PRE-BID INFORMATION MEETING Attendance by a representative of any company bidding this contract is required at a meeting that will be held at the Contra Costa County Fire Protection District office at 2010 Geary Road, Pleasant Hill, April 19 , 1994 at 3 .00 p.m. W.A.C. 94 - BP p2 of 5 BIO PROPOSAL DISCING DISCING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 0 - 11, 000 sq. ft. 10 Lots ea. 70 .00 700. 00 11, 001 - 22 ,000 sq. ft. 10 Lots ea. 70 .00 700 . 00 22,001 - 33, 000 sq. ft. 8 Lots ea. 50.00 640 .00 33, 001 - 43, 560 sq. ft. 8 Lots ea. 90 .00 720.00 More than 1 acre thru 10 acres 150 Acres Per Acre 80. 00 12 ,000.00 More than 10 acres 50 Acres Per Acre 65. 00 3,250 . 00 Hourly 50 Hours Per Hour 72 .50 3,625 . 00 ROTOVATING ROTOVATING AREA ESTIMATED UNIT UNIT 'PRICE TOTAL PRICE QUANTITY 0 - 5,000 sq. ft . 5 Lots ea. 80.00 400 . 00 5,001 -- 10,000 sq. ft . 5 Lots ea. 80. 00 400 . 00 10, 001 - 15 ,000 sq. ft. 2 Lots ea. 90 . 00 180.00 15, 001 - 20, 000 sq. ft. 2 Lots ea. 90. 00 180.00 Hourly 20 Hours Per Hour 79.50 1,590.00 DOZING DOZING AREA ESTIMATED UNIT UNIT 'PRICE TOTAL PRICE QUANTITY Angle Dozer & Operator 40 Hours Per Hour 50.00 2 ,000. 00 TOTAL COMPOSITE BI ) $ 26, 385.00 COMPENSATION SHALL BE MADE FOR THE TYPE OF WORK COMPLETED AT THE UNIT PRICE LISTED PER METHOD OF ABATEMENT WORK. The Contract will be awarded on the basis of the lowest composite bid and proven ability, dependability and responsibility, regardless of the individual unit prices listed for application. W.A.C. 94 - BP p3 of 5 1 . CONTRACTOR EXPERIENCE A. Number of years in professional weed abatement business : 17 years . B. List all weed abatement contracts you have had in the last five ( 5 ) years . Use additional page if necessary. YEARS NAME & ADDRESS OF CONTRACTING PARTY AMOUNT 1993 gest County Mowing Contract 90-92 San Ramon Valley Fire 1993 City of Livermore 1993 City of Pleasanton Private Treaty 2 . EQUIPMENT List all equipment you have available for use in performance of this contract. Indicate the equipment required by this contract in Section E, Specifications for Exterior Fire Hazard Control, with an asterisk ( * ) . Use additional page if necessary. AMOUNT TYPE SIZE 3 . CONTRACTOR'S BUSINESS OFFICE: ADDRESS 6582 Tassalara Road Pleasanton, CA 94566 TELEPHONE (510) _ 828-9163 4 . SUBCON'T'RACTORS A. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent ( 5%) of the contractor's total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. B. If it should become necessary to add or change', subcontractors during the term of this contract, the Chief shall be informed immediately. C. Provide the following information about subcontractors : Name: NONE Years of Experience: Address : Phone # : Amount & Type of Equipment Provided: W.A.C. 94 - BP p4 of 5 Name: Years of Experience: Address : Phone #: Amount & Type of Equipment Provided: Name: Years of Experience: Address : Phone # : Amount & Type of Equipment Provided: W.A.C. 94 - BP p5 of 5 _ __ _... 2 . SIGNATURES AND ACKNOWLEDGEMENT: FIRE DISTRICT: by: .�� � . �Fi�►irman, goard 'o`x 5VM; ' i rs� . Phil Batchelor, Cieri4 of the Board of Upervi&prS rpt iztralo Dep V Girv. CONTRACTOR: hereby also acknowledging awareness of and compliance with Labor Code Sectipns 1861 and 3700 concerning Worker' s Compensation L by: ( esignate official capacity in the business ) by: (Designate official capacity in the business ) Taxpayer Identification Number: " ! i Note to Contractor: ( 1) Execute acknowledgement form below, and (2 ) if a corporation, signatures must conform to designated .representative groups pursuant to Corporations Code Section 313 . State of California ) ACKNOWLEDGEMENT (By Corporation, Partnership, County of '7 / �? ) or Individual) pro iNt( +t; Ivie ev, - jje, The person s-` signing above for ContractorAk --t e+ane 1--i-ndi:dual .tated-, personally appeared before me today and acknowledged that he she/they executed it, and acknowledged to me that the partnership wed above executed it: or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors . DATED: 1G� � (NOTAt S Ei7RA J. ROGERS S COMM. #950084 S NOTAR PURL S NOTARY PUBUC-CAUrORNIA CONTRA COSTA COUNTY P t My Comm.Exp.Dec.25, 1495 Form approve d`�4° ` {a•° •°#WESTMAN COUNTY COUNSEL BY: Diana JSmi ver Deputy Co y Counsel W.A.C. 94 - AC p2 of 6 2 . SIGNATURES AND ACKNOWLEDGEMENT: .FIRE DISTRICT: by.- (Fire y. (Fire Chief or Designated Representative) (Secretary) CONTRACTOR: hereby also acknowledging awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Worker' s CompensationLaw , by: ja21j--1-- (Des gnate official capacity in the business) by: (Designate official capacity in the business ) Taxpayer identification Number: / ` / ► Note to Contractor: ( 1) Execute acknowledgement form below, and ( 2 ) if a corporation, signatures must conform to designated representative groups pursuant to Corporations Code Section 313 . State of California ) ACKNOWLEDGEMENT (By Corporation, Partnership, County of ) or Individual) The person(s ) signing above for Contractor, known to me in individual and business capacity( ies) as stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors . DATED: (NOTARIAL SEAL) NOTARY PUBLIC Form approved. VICTOR J. WESTMAN COUNTY COUNSEL BY: Diana J. Silver Deputy County Counsel W.A.C. 94 - AC p2 of 6 3 . CONTRACT 'PERM. The term of this contract shall commence on the date the contract is executed on behalf of the Fire District and shall terminate on December 31, 1994 . 4 . WORK CONTRACT, CHANGES. A. By their signatures in section 2 , effective on the above date, these parties premise and agree as set forth in this contract, incorporating by these references the material ( „special terms" ) in section 1 . B. Contractor shall, at his/her 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 Fire District 's Notice to Contractors , Proposal, Orders and Abatement Specifications. C. The work can be changed only with the Fire District's prior written order specifying such change and its cost agreed to by the parties; and the Fire District shall never have to pay more than specified in Section 7 without such an order. 5 . TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the Orders and complete it as specified in Section 1 . 6 . INTEGRATED DOCUMENTS. The Notice to Contractors , Bid Proposal, Orders and Abatement specifications or special provisions of the Fire District'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 Notice to Contractors, Bid Proposal, and Orders not mentioned in the Abatement 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 the Fire District's agent specified in Section 1. 7 . PAYMENT. For the strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Fire District shall pay the contractor the sum specified in Section 1 , except that in this unit price contract, the payment shall be for finished quantities by hours or at unit bid prices in accordance with the Abatement Specifications . 8 . PAYMENTS WITHHELD. A. The Fire District 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 Fire 'District from loss because of : 1 . defective work not remedied, or uncompleted work, or 2 . claims filed or reasonable evidence indicating probable filing, or 3 . failure to properly pay subcontractors or for material or labor, or 4 . reasonable doubt that the work can be completed for the balance then unpaid, or 5 . damage to another contractor, or 6 . damage to the Fire District, other than damage due to delay. W.A.C. 94 -- AC p3 of 6 B. The Fire District 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. 10% of each progress payment paid the contractor for work completed will be withheld until on or about December 31 . This money will be released after deducting for all overpayments or payments in error that may have been made during the year, and provided there are no damage claims remaining against the contractor, all claims for labor and materials have been resolved, no claims have been presented to the Fire District based on acts or omissions of the contractor, no unresolved liens or withhold notices have been filed against the work or the site, and there are no reasonable indications of defective or missing work or of late recorded liens or claims against contractor. The contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the Fire District, by depositing securities of equivalent value with the Fire District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final . D. Following completion of the work, Fire District will file a Notice of Completion and Resolution of Acceptance with the Contra Costa County Board of Supervisors, and 'thereafter cause the same to be recorded at the Contra Costa County Recorder's office. Recording of the Notice of Completion and Resolution of Acceptance shall not affect the Fire District 's right to withhold 10% of the progress payments under Subsection 8, c, above. 9 . INSURANCE (Labor Code Sections 1850-61) On signing this contract, contractor must give Fire District. A. a certificate of consent to self-insure issued by the Director of Industrial Relations, or B. a certificate of Workers ' Compensation Insurance issued by an admitted insurer, or C. 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. Pursuant to Labor Code Section 1861 , prior to performing any work under this contract, contractor shall sign and submit to Fire District, the certification attached hereto as Appendix 1 . 10 . BONDS. On signing this contract, contractor shall deliver to the Fire District for approval good and sufficient bonds with sureties, in amount(s) specified in the specifications or special provisions, guaranteeing his/her faithful performance of this contract and his/her payment for all labor and materials hereunder in the forms attached hereto as Appendices 2 and 3 . 11 . FAILURE TO PERFORM. If the contractor at any time refuses or neglects , without fault of the Fire District 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 Fire District, the Fire District may furnish same and deduct the reasonable expenses thereof from the contract price. The Fire District may terminate this contract by registered mail where the contractor fails to provide sufficient workers and equipment as previously ordered. The Fire District's determination shall be final and conclusive as to sufficiency of workers and equipment. W.A.C. 94 - AC p4 of 6 12 . LAWS APPLY (GENERAL) . Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter 1 of Part 7 of the California Labor Code, Section 1720 et seq. and including Sections 1735, 1777 . 5 and 1777 . 6, and intend that this contract complies therewith. The parties stipulate that the relevant penalties and forfeitures provided in the Labor Code, including those contained in Sections 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract. 13 . SUBCONTRACTORS. A. Public Contract Code Sections 4100-4113 are incorporated herein. B. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent (5%) of the contractor' s total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. C. If it should become necessary to add or change subcontractors during the term of the contract, the Chief shall be informed immediately. 14 . WAGE RATES . A. Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general prevailing rate 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 rate is on file with the Clerk of the Board of Supervisors, and is incorporated by reference thereto, the same as if set forth in full 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 is worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. C. The contractor and all 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 Fire District, which shall promptly determine the prevailing wage rate therefore 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 (discrimination prohibited) . W.A.C. 94 - AC p5 of 6 17 . PREFERENCE FOR MATERIALS. The Fire District 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. This agreement binds the heirs, successors , assigns and representatives of the contractor; but he/she 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 Fire District and the contractor' s surety or sureties, unless they have waived notice of assignment. 19 . N4 WAIVER BY FIRE DISTRICT. 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 Fire District 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 therefore, or any combination of these acts, shall not relieve the contractor of his/her obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby stopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 24 . HOLD HARMLESS AND INDEMNITY. Contractor shall defend, indemnify, save and hold harmless the Fire District, its elective and appointive boards, commissions, officers, agents and employees, from any and all claims, costs or liability of any kind allegedly suffered, incurred or threatened, including but not limited to personal injury, death, property damage, inverse condemnation, or any combination of these, foreseeable or unforeseeable, arising directly or indirectly from or connected with any acts performed or work done pursuant to this contract, or any omission to perform including, but not limited to, claims, costs or liability resulting from. 1 . The conduct, negligent or otherwise, of the contractor, subcontractor(s) , or any officer(s) , agent(s) , or employee(s) of one or more of them; 2 . the joint conduct of the Fire District and Contractor, regardless of whether the Fire District is concurrently, actively or passively negligent or not negligent at all ; or 3 . the sole or concurrent conduct of any other person or entity. The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) , drawing(s) , specification(s) , or special provision(s ) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnitee. W.A.C . 94 - AC p6 of 6 1994 ABATEMENT CONTRACT FOR EXTERIOR FIRE BARD CONTROL BY DISCING, ROTOVATING AND DOZI[MG 1 . SPECIAL TERMS: These special terms are incorporated below by reference. A. Parties : Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts, hereinafter referred to as "Fire District" or "District" , (Contractor) A� 6-4-rme- iLig� B. Effective date: - JjDG�jI� (See 3A for starting date) . C. The work: The contractor will at his/her own cast and expense, in a workmanlike manner, faithfully and fully do all the work and furnish all the equipment and materials necessary to complete, in accordance with the Abatement Specifications and related contract documents hereinafter mentioned, to the satisfaction of the Administrator of the Exterior Hazard Control Program administered by the Fire District, the abatement of fire hazards from the properties set forth by the Fire District. D. Completion time: Work orders shall be completed within fourteen ( 14 ) calendar days from the date of issuance of orders or as set forth by the Fire District in Orders to be issued. E. Fire District' s agent: Fire Chief of the Riverview fire Protection District, Administrator of the Exterior Fire Hazard Control Program. F. Contract Price: $_ U. . M ( for unit price contacts, more or less, in accordance with finished qualities at unit bid prices ) . W.A.C. 94 - AC p1 of 6 NOTICE TO CONTRACTORS Notice is hereby given by the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts of Contra Costa County (hereinafter referred to as "Fire District" or "District" ) , that the Fire District will receive bids for the abating of exterior fire hazards by discing, rotovating and dozing within the above Fire Protection District boundaries for 1994 . Each bid is to be in accordance with the Abatement Specifications relating thereto which are on file at the Contra Costa County Fire Protection District office, 2010 Geary Road, Pleasant Hill, California 94523-4694 . The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above-- mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office. Bid Proposals shall be sealed and filed with the Contra Costa County Fire Protection District, 2010 Geary Read, Pleasant Hill , CA, 94523, on or before May 2 , 1994, at 11 :00 a.m. , and will be opened at Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill, at the time due and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one ( 1) bid for this contract will be accepted from any one individual or 'firm. Bids will be presented to the Administrator of the Exterior Hazard Control Program for review. The Administrator of the Exterior Lazard Control Program is the Fire Chief of the Riverview Fire Protection District, hereinafter referred to as the Fire Chief . The Fire Chief will recommend to the Board of Supervisors of Contra Costa County, as the governing board of the Fire District, the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form of contract. The right is reserved to reject any and •all proposals . The successful bidder will be required to furnish' a payment bond in an amount equal to fifty percent (50%) of the contract price and a faithful performance bond in an amount equal to fifty percent (50% ) of the contract price, said bonds to be secured from a surety company authorized to do business in the State of California. ' Bidders are hereby notified that pursuant to Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained from the Director of the Department of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type or workers needed to execute the contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and incorporated herein by reference thereto, the same as if set forth in full herein. For any classification not included in the list, the minimum wage shall be the general prevailing rate for Contra Costa County. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. W.A.C. 94 - NC pl of 2 "PENDIX I CONTRACT: re,,J lz"a rJG At3D t t CONTRACTOR: CERTIFICATION BY CONTRACTOR ( LABOR CODE SECTION 1861) TO BETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RIVERVIEW FIRE PROTECTION DISTRICT I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that cede, and I will comply with such provisions before commencing the performance of the work of this contract. I certify under penalty of perjury that the foregoing is true and correct . DATE: at . CA CONT7Cqrrn!ate_of � BY: (Desficial capacity in business ? BY: (Designate official capacity in business ) APPENDIX 1 7 APPENDIX 2 PERFORMANCE BOND Bond No. Premium 660.01 Any claim under this Band should be sent to the following address : 17780 Fitch 1 wine CA 9271'4 X714 263--3300 KNOW ALL MEN BY THE PRESENTS : That we, H & N Enterprises _ J as Principal , and Indemnity�Com pan o a i orn:a a corporation organized and existing under the laws of the Mace .California and authorized to transact surety business in the State of California , a Surety, are held and firmly bound unto BETHEL ISLAND EAST DIABLO OAKI,EY ANf? RIVER"VIEW FIRE PROTECTION DISTRICTS, as Obligee , in the sum of $13, 197.50 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; May 24, 1994 , with the Obligee to do and perform the following work, to-wit : 1994 Abatement Contract for Exterior Fire Hazard Control by Discing, Rotovating and Dozing as is more specifically set forth in the contract documents , reference to which is hereby made. NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein,', then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents , shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced an 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 , attorneys tees and other litigation expenses incurred by the Obligee in collecting monies due tinder the terms of this bond . SIGNED AND SEALED, this . 1st day of .Tune , 1994 ! SEAL) ( SEAL) H risesIndernni�,Cornpan ' of California __-- { c�.p�, w ( Surety) By ( Signature ) " __ . ....... __� ( Signature ) Paul J. Konrath, Attorney--in-Fact SEAL AND ACKNOWLEDGEMENT OF NO'T'ARY) APPENDIX 2 PERFORMANCE SOND Band No . 79SE! Premium $660.00 Any claim under this Bond should be sent to the fallowing address ; 17780 Fitch Irvine. C A 92714 (714) 263-3300 KNOW ALL MEN BY THE PRESENTS That we, H E N Enterprises , as Principal , and Indemnity�C;�otnpany t � a iforn�ja a corporation organized and existing under the laws of the Mate Caiifarnia and authorized to transact surety business in the State t.,[ California , as Surety, are held and firmly bound unto BETHEL ISLAND EAST DIABLO, OAKLEY AND E.IVERVIEW FIRE PROTECTION DISTRICTS , as Obligee, in the sum of $13, 192.50 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 May 24, 1994 , with the Obligee to do and perform the fallowing work, to-wit : 1994 Abatement Contract for Exterior Fire Hazard Control by Discing, Rotovating and Dozing 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 can its part, at the times and in the manner specified therein', then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, 'which may be made pursuant: to the terms of said contract documents , shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the previsions 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 it ally 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 tinder the terms of this band. SIGNED AND SEALED, this 1st day of June 1994 STATE OF CALIFORNIA � SS. ' COUNTY©1; Alameda On June 1 1994 ,Before me, Patricia J.Kottrsth Notary Public , PERSONALLY APPEARED Pact 3.I�ottrat#t personally Imown to me(or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity(ks), and that by hislherl their sipnature(s) on the inswMent the person(s), or the entity upon behalf of which the n(s)acted.,executed the instrument 4LPA"t'ttlt:tA).Kt}NFtA'1'F 3 peso rrit�M •i fiti9 tzAHY t tttitttGA100kNIAAI.AMPDA COUNINWITLESS my hazed and ofcial seal. omm.FAP4Ma Feb tv. 1998 � f C-7 This arca for Gtfficiat Nonartat Seat signature _.. .. _..... APPENDIX 3 PAYMENT BOND Bond No. 139795P Premium included in Performance Bond Any claim under this Bond should be sent to the 'following address . 17780 Fitch Irvine, CA 92714 (714) 263--3300 KNOW ALL MEN BY THE PRESENTS : That we, H & N Enterprises as Principal , and Indemnity Company of California a corporation organized and existing 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 BETHEL ISLAND, EAST DIABLO, OAKLEY, AND RI'VERV'IEW FIRE ,PROTECTION DISTRICTS , as Obligee, in the sum of $13, 192.50 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 May 24, 1994 , with the Obligee to do and perform the following work, to-wit: 1994 Abatement Contract for Exterior Fire Hazard Control by Discing , Ratovating and Dazing as is more specifically set forth in the contract documents , reference to which is hereby made . NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or 'amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13024 of the Unemployment Insurance Code , with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond , and also, in case suit is brought upon this bond, a 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 Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED, this 1st day of June , 1994 ( SEAL) ( SEAL) H E N Enterprises Indemnity Company of California n ipal ) ( Surety) By:YI-147 -­-, - - - ( Signature) igna'ture) Paul J. Konrath, Attorney-in-Fact ( SEAL AND ACKNOWLEDGEMENT OF NOTARY) i APPENDIX 3 PAYMENT BOND Bond No. 139795P Premium included in Performance Bond Any claim under this Band should be sent to the following address 17780 Fitch Irvine C A 92714 (714) 283-3300 KNOW ALL MEN BY THE PRESENTS : That we, _-_ H 6 N Enterprises , as Principal , and Indemnity Company of California a corporation organized and existing 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 BETHEL ISLAND, EAST DIABLO, OAKLEY, AND RIVERVIEW FIRE PROTECTION DISTRICTS , as Obligee, in the sum of $13,192.50 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 May 24, 1994 , with the Obligee to do acid perform the following work, to-wit: 1994 Abatement Contract for Exterior Fire Hazard Control by Discing , Rotovating and Dozing as is more specifically set forth in the contract documents , reference to which is hereby made. NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code , :with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond , and also , in case suit is brought upon this bond, a 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 Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED, this 1st day of June ; 1994 ( SEAL) ( SEAL) H S N Enterprises Indemnity Company of California n 'pal ) ( Surety) T3 STATE OF CALIFORNIA COUNTY OF Alameda SS. On June 1 , 1994 ,Before me, Patricia J.Konrath,Notarl Public , PERSONALLY APPEARED Paul J.Konratb personally known to me(or Provided to me on the basis of satisfactory evidence) to be the Person(s)whose name(s) is/are subscribed to the within institunent and acknowledged to me that he/she/they executed the same in hisJher/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon «,: PA'110C IA J ht)NItA'171 behalf of which the person(s)acted,executed the inststzmenL v` *F r COMM u> NOI ANY PIltUR, C:AIJI-ORNIA AIAMt;t>.�C;C7tfhti'Y i WITNESS my haul and official seal. y Mr GaAJA 1111 C: IJ t� l9gtS Signature This areafor Ociat Notarial deal POWER OF ATTORNEY OF OEMNITY COMPANY OF CALIFGtiNIA AND DEVELOPERS INSURANCE COMPANY No 195028 P.O.BOX 19725,IRVINE,CA 92713 * (714)263-3300 NOTICE, All Dower ano autnority nerem granted snat, n any event tern.7ate on ins 31st oay of moron. 1996. This Power of Attorney is Void it altered C'!-,a-y portion is erased This Power of Avorrev is voto unless me seai is reacatile.Ine text is in brown mie: me sionatures are in blue mit and ints notice IS rn feo frip'. S rOwEr sn:-Z;nc-Ce re:--r s:::3 as S r C z.L�;,sno��Io rernw, a nermanem cS,�c!��c ontic rCL.a o KNOW ALL MEN BY THESE PRESENTS.that.except as expressly limited.INDEMNITY COMPANY Of CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do el severally,but not jointly,hereby make.constitute and appoint ***PAUL J. KONRATH*** the true and lawful Atturneyls)-in-Fact.to make,execute.deliver and acknowledge.for and on behalf of each of said corporations as surett".bonds.undertakings and contracts suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars 1$2,500.0001 in any single undertaking:giving and granting unto said Attotney(s)-tri-Fact Dower and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each Of Said corporations Could do,but reserving to sect said corporations full power of substitution and revocation:and all of the acts of said Attorneys)-in-Fact,pursuant to these presents.are hereby ratified and confirmed. The authority and powers Conferred by this Power of Attorney do not extend to any of the following bonds.unaertiftkingS Or Contracts Of Suretyship: Bank depository bonus.mortgage deficiency bonds,mortgage guarantee bonds.guarantees of installment paper,note guarantee bonds,bonds on financial Institutions.les bonds,insurance company qualifying bonds,self-Insurer's bonds.fidelity bonds or bail bonds, This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards Of Directors of tNOEMNI COMPANY Of CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED.that the Chairman of the Board.the President and any Vice President of the corooration be.and that each of them hereby is.authorized to execute Powers of Attorn oualityng the sttomoy;s)namso in the Powers of Attorney to execute.on behalf of the corporation,bonds.undertakings and contracts of suretyship:and that the Secretary or any Ass taut Secretary of the corporation be.and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any Certificate relating thereto by facsimile,and any such Power Attorney or certificate bearing such facsimile signatures Shelf be valid and binding upon the corporation when so affixed and in the future with respect to any bona,undertaking contract of sureryanip to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have saveraltycaused these presents to be signed by their respe five Presidents and attested by their respective Secretaries this 1st day of April.1991 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By ar#e F.Vincenti Dan PFF.v.... 'W4 Sul? President OCT ATTEST 1361 ATTEST y toy* By— Irelk By— /row Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE I On April t 1993,before me.Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell.personally knownto me for provided to me on the basis of satisfalnot evidence)to be the versonm whose namets)is/are Subscribed to the within instrument and acknowledged to me that he/she/thdy executed the same in h131he"their authorize caoacttyfles),and that by his/her/their signaturels)on the instrument the person(s),or the entity upon behalf of which the parsorifs)acted,executed the instrument. WITNESS my hand and official seat. OFFICIAL SIFAL, TIRESA TAAFUA Signature K NOTARY PUSCAL IFORNIA LIC PRINCIPAL OFFICE IN ORANGE COUNTY My Comrricklan Clio.Aug.4.'19MM --- ---- ------logoll, CERTIFICATE The uncersigned.as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA.and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hareb- certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore,that the provisions of the resolutions Of the respectiv. Boards of Directors of said coroorattons set forth in the Power of Attorney.are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California.this_-__J-sl_clay of Ititno .199A— INDEMNITY COMPANY OF CALIFORNIA PAIVI, DEVELOPERS INSURANCE COMPANY %"Vim Q 0.�6 C� WAR.21. C By By A Lets L.C.Fiebigeri Isst Ffebtger Senior Vice President Senior Vice President 10-310 REV.4193 F i L E No. 06/10 '94 10:53 I D.-D I BUDUO DFFEND I S 2-109 578 1541 PAGE 1 Il lir • its �� i :r* .� +i7 liwi�ir�•5 '� s DATE M X3MY 6/09194 c�daurazR T Mfg CERTIFICATE 15 ISSUED A MA Of INFORMATh i B u d LI t3 & C Q n d i 5 Insurance G f Modesto ONLY AND CONFERS NO RIGHTS UPON THE CEf1T1F#CA FOLDER. THIS CERTIFICATE DOES NOT A1011910. MEND I P.O. Box ;242 ALTER Tme COVERAGE AFFORDED BY THE PICS BELL Modesto, CA 95353 -- COMPANIES AFFORDING COVEIRAGE COMPANY A GoIA11 Ea' le Insurance E©m an OCAIPANY H & N Enterprises -- a -- -- Robert !Belson ctxlrANv 6582 Tassajara Road — Pleasanton, CA 94568 COMPANY r THIS iS TO CERTIFY THAT THE POLiCt—F-S CIF II45URANCE LtST6p BELOW HAVE AEi WISSUED TO THIS INSURED NAMEDABOVE FOR THV9 POLICY PERIOD INDICATED, NOTWITHSTANDING ANY'RECUIREMENT,TERM On CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WFMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T145 TERMS, EXCLUSIONS AND CON0171ONS Of SUCH POLICIES,LIMIT$SHOWN MAY HAVE BEEN REDUCE(}BY PAID CLAIM& ..TTP$OR INSUfIAMCf PiIRiCY FILILfCth 11TYPE L"T*P!CIM#POLICY eypfffAt1CMi LYR OAn IIiUAli7i YVI I t3ATTT Il YYI CIENERAL LiA44UTY aENEAAL ARCiR✓UM t Il ; i"fk➢DUC TS•GW+tPXJI AGO II 00 }(. COA1I+fEACiAL GENERAL LIRA0.ITY _ : A i CLAIMAMADE L jOtXUR FRP276436 06107/94 06/07/95 -emsmiALAAoyiNAmy � 1 ,C1t10 € avw a s x&t7N7 f+ift57 EACH OCCURACNC& t IOO 0 I"i–A tlAAAGe 1" s 50,000 1.fEi3 EXP IAiW arnt fii�+fant L tl00 ALIT AOIA[?9iL>ff A#it./TY OOIJ wfio GINOU UWT S V V NY AUTO 01000 A ALL 0rr0 AUTOS 90 0 ILY KJLI iY IPa Awrranl K AC149OiL60AUTOS FRP276436 06107/94 � 06/07195 ;( MA&D AUTOS 8001*.Y'"01VNON-CV09"fib AUTOS « iP#> r PCItT OM DAMA" ; CIA14AQK UA"JT'Y At/TO Of&Y•EA A0*iiNrfrl ANY AUTO OTWeft THAN AUTO04.Y: E ACN AUNT 3 4 I Ar cure : F excxsacsN►iurY { � ra1C#iL1GCt1itAP.Mf� i ....� I { U119AEi,i.A FORM J, � AGOAMAIR F---ii C y"11'R IUAN UM9IMEt.LA FORM A WOMEM C000614"T'i[iM AND Ey LfiipTSAOCIt�# .� THEPROP"11TOW INot 010VAM-FOWYUh#t t PAATNEAN&XECCUTIVE �. on"Ot9 ARB: tttc tsiQEXiII[=-tAC"EMPL*VW1j II r D fiC.A Certificate holder is named as additional insured as respects work performed by the named insured. PE: Bethel Island , Cast Diable, Oakley & Riverview fire Protection District V R[C MiCILt'� 1CAINC WE TN ... .. .., w. .♦3 4 w»i+r.L►M+.r�.r •.. Bethel 151 a n d, 1st Diable ANY *P "411 AI OW4 rain 04� OSVO a TPM %A'>;KW "" iMpUr T%* INAM M MWAW W" st?WAV04 VC M" Oakley N Riverview Fire 30 (�r n t e�t i s�r I U i s it r`°i�t PAYi1 wI*TTEtf 00"M TO TWtOkT1M1CATE►1f�i.00 MAMr!►/!Ti)THS , 2 010 Gey arRd mff vA14tfM To uA,L "Dam*HNA&*a n Mo+dMtJWtTsw on uAwLTrY Plea 5 d e t y Hill , CA X45 2 3 Qr I� p ACORD 35•S(3W) _ ... . STATE RO.BOX 420807, SAN FRANCISCO, CA 94142-0807 CiiM011INSA ION FOUND CERTIFICATE OF WORKERS' COMP NSATION INSURANCE MAY -191 1994 POLICY NUMBER: 005-94 UNIT 007647 CERTIFICATE EXPIRES: 1--1--95 r RIVERVIEW FIRE PROTECTION DISTRICT C/O CONTRA COSTA COUNTY FIRE PROTECTION DI5TPII T 2010 OEARY RD. PLEASANT HILL CA 94523 L This is to certify that we have issued a valid Workers`Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEM days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, terve, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT ENDORSEMENT 40015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/18/94 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY . NAME OF ADDITIONAL INSURED: RIVERVIEW FIRE PROTECTION DISTRICT EMPLOYER r - ROBERT J. NIELSEN , JR. 5552 TASSAJARA PLEASANTON CA 94555 L STATE P.O. BOX 420807, SAN FRANCISCO, CA 34142-0807 C0MPNr4SA'trtoN INSURAr*4CE FUND CERTIFICATE OF WORMERS' COMPENSATION INSURANCE MAY 19 , 1994 POLICY NUMBER: 005-94 UNIT 007647 CERTIFICATE EXPIRES: 1-1_.95 r OAKLEY E=IRE PROTECTION DI5TRICT C/O CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 2010 OEARY RD. PLEASANT HILL CA 94525 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a farm approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration, This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or,other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT ENDORSEMENT 40015 ENTITLED ADDITIONAL IN5URED EMPLOYER EFFECTIVE 05/16/94 IS ATTACHED TO AND FORM5 A PART OF THIS POLICY . NAME OF ADDITIONAL INSURED: OAKLEY FIRE PROTECTION DISTRICT EMPLOYER r ROBERT J. NIELSEN, JR. 55e2 TA55AJARA P'LEA5ANTON CA '34566 L STATE P.O.BOX 420807, SAN FRANCISCO, CA 94142-01807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE' MAY -L9 , -99,q POLICY NUMBER: 005-94 UNIT 0076471 CERTIFICATE EXPIRES: _�_9C5 EAST DIABLO FIRE PROTECTION DISTRICT C/O CONTRA COSTA COUNTY FIRE PROTECTION 015TRICT 2010 OEARY RD. PLEASANT HILL CA 94523 L_ This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. �. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. t' ' �4" PRESIDENT ENDORSEMENT #0015 ENTITLED ADDITIONAL IN5UPED EMPLOYED' EFFECTIVE 05/15/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY . NAME OF ADDITIONAL INSURED: EAST DIABLO FIFE PP!OTECTION DISTRICT EMPLOYER ROBERT J. NIEL5EN , JR. 6582 TA55AJARA PLEASANTON CA 94556 L y TATE P.O.BOX 420807, SAN FRANCISCO, CA 94142-0807 COMP*NSATION INS UPVAr4CI! FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 19 , 1994 POLICY NUMBER: 005 .94 UNIT 007647 CERTIFICATE EXPIRES: 1_1-95 r BETHEL ISLAND FIRE PROTECTION DISTRICT C/O CONTRA COSTA COUNTY FIFE PROTECTION DISTRICT 2010 GEARY RD. PLEASANT HILL CA 94523 L_ This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or .other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. 'RESIDENT ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/15/94 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: SETHEL ISLAND EMPLOYER ROEERT J. NIELSEN, JR. 155152 T955AJARA PLEASANTON CA 94555 L . ....... ..... COPY RETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RIVER'VIEW FIRE PROTECTION DISTRICT 1994 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL ON PRIVATE AND PUBLIC PROPERTIES AS ASSIGNED CON'T'RACT DOCUMENTS NOTICE TO CONTRACTOR ABATEMENT SPECIFICATIONS BID PROPOSAL ABATEMENT CONTRACT APPENDIX 1 : WORKERS COMPENSATION LIABILITY APPENDIX 2 : PERFORMANCE BOND APPENDIX 3: PAYMENT BOND - A' l i 6ri6 NOTICE TO CONTRACTORS Notice is hereby given by the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts of Contra Costa County (hereinafter referred to as "Fire District" or "District" ) , that the Fire District will receive bids for the abating of exterior fire hazards by mowing, rubbish and tree removal within the above Fire Protection District boundaries for 1994 . Each bid is to be in accordance with the Abatement Specifications relating thereto which are on file at the Contra Costa County Fire Protection District office, 2010 Geary Road, Pleasant Hill, California 94523-4594 . The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above-- mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office. Bid Proposals shall be sealed and filed with the Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill, CA, 94523, on or before May 2, 1994, at 11 : 00 a.m. , and will be opened at Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill, at the time due and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one { 1} bid for this contract will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control Program for review. The Administrator of the Exterior Hazard Control Program is the Fire Chief of the Riverview Fire Protection District, hereinafter referred to as the Fire Chief . The Fire Chief will recommend to the Board of Supervisors of Contra Costa County, as the governing board of the Fire District, the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form of contract. The right is reserved to reject any and'all proposals . The successful bidder will be required to furnish' a payment bond in an amount equal to fifty percent (50%) of the contract price and a faithful performance bond in an amount equal to fifty percent (50%) of the contract price, said bonds to be secured from a surety company authorized to do business in the State of California. ' Bidders are hereby notified that pursuant to Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained from the Director of the Department of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type or workers needed to execute the contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and incorporated herein by reference thereto, the same as if set forth in full herein. For any classification not included in the list, the minimum wage shall be the general prevailing rate for Contra Costa ', County. The said Beard reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. W.A.C. 94 - NC pl of 2 By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts . By: / - A-11e-K Little, Fire Chief Publication Dates: (Pub. Contract Section 20812 ) Contra Costa Times : 04/20/94 & 04/25/94 Daily Ledger: 04/20/94 & 04/25/94 San Ramon Valley Times : 04/20/94 & 04/25/94 West County Times : 04/21/94 & 04/25/94 W.A.C. 94 - NC p2 of 2 SPECIFICATIONS FOR EXTERIOR FIRE HAZARD CONTROL By MEWING, RUBBISH AND TREE REMOVAL This Specifications document is intended to cooperate with the Notice to Contractors , Contract, Bid Proposal, and Orders as discussed herein, so that anything exhibited in the Notice to Contractors, Contract, Bid Proposal, and Orders not mentioned in the Abatement Specifications is to be considered as if exhibited, mentioned and set forth herein. SECTION A - DESCRIPTION OF PROJECT 1 . The Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts of Contra Costa County, hereinafter referred to as the "Fire District" or "District" , notifiesproperty owners within each Fire District of potential fire hazards related to dry grass, weeds, combustible rubbish and dead trees on their property. The property owner is given a specified amount of time to remove the hazard. If they do not comply, a work order is given to the Fire District contractor to do the required work. 2 . Scope. The conditions to be covered under this contract consist of furnishing all materials, tools, equipment, transportation, supervision, incidentals and labor as specified in these documents, unless otherwise supplied by the Fire District involved in the abatement of weeds, refuse, rubbish, or other fire hazard conditions, in accordance with District Ordinance and the California Health & Safety Code, within the boundaries of the Fire District . SECTION B - INSURANCE, BONDS AND SALARY REQUIREMENTS 1. Before any work is commenced on this contract and within thirty ( 30) calendar days after the date of award, the successful bidder shall furnish to the Fire District evidence of insurance as follows : a. Workers ' Compensation Insurance. The contractor shall maintain adequate Workers ' Compensation Insurance' under the laws of the State of California, for all labor employed by him/her or by any subcontractor under him/her, who may come within the protection of such Workers ' Compensation Laws of the State of California, and shall provide, where practicable, ', employers ' general liability insurance for the benefit of his/her employees and the employees of any subcontractor under him/her not protected by such compensation laws, and proof of such insurance, satisfactory to the Fire District, in form satisfactory to the Fire District. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California. b. Public Liability and Property Damage Insurance. The contractor shall, in addition, take out and shall ', furnish, satisfactory proof by certificate or otherwise, as may be required, that he/she has taken out public liability and property damage insurance with an insurance company, complying with the requirements herein set forth and satisfactory to the Fire District, and in such form as shall be satisfactory to the Fire District, to protect said contractor and the Fire', District, its officers, employees or agents, against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and, also to protect said contractor and the Fire District, its officers, employees, or agents against loss from liability imposed by law', or damage to any property, caused directly or indirectly by the performance or execution of this contract or any subcontract thereunder. W.A.C. 94 - Spec. pl of 8 TRE POLICY OR POLICIES, OR RIDER ATTACHED THERETO, SHALL NAIVE THE BETHEL ISLAND, EAST DIABLO, OAKLEY, AND RIVERVIEW FIRE PROTECTION DISTRICTS, ITS OFFICERS AND EMPLOYEES, AS NAMED INSUREDS AND PROVIDE FOR AT LEAST THIRTY (30) DAYS WRITTEN NOTICE OF POLICY LAPSE OR CANCELLATION TO THE DISTRICT. Said public liability and property damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract in the amounts of not less than the following: ( 1) Limit of liability for injury or accidental death: one person. . . . . . . . . . . . . . . . . . . . . $1,000,000 one accident. . . . . . . . . . . . . . . . . . .$1,000,000 (2) Limit of liability for property damage. one accident. . . . . . . . . . . . . . . . . . . $1,000,000 If the contractor fails to maintain such insurance, the Fire District will terminate this contract and deduct and retain a sufficient amount of money from any sums due the contractor under the contract to cover any damages which the Fire District may be liable to pay as a result of any uninsured operations by the contractor thereunder. Nothing herein contained shall be construed as limiting in any way the extent to which the contractor may be held responsible for payment of damages to persons or property resulting from the contractor' s operations or the operations of any subcontractor under him/her. 2 . Contract Bonds . The contractor shall, at the time of signing the contract, furnish two good and sufficient surety bonds of a surety company or companies authorized to do business in the State of California and satisfactory to the Fire District, covering the entire 1-year term of the contract, as follows : a bond in an amount equal to fifty percent ( 50%) of the total bid for one year' s work for the payment of just claims for materials, labor and subcontractors employed by him/her thereon, and a bond in an amount equal to fifty percent (50%) of the full amount of the total bid for one year's work as surety for the faithful performance of the contract. 3 . The contractor shall comply with all local, State and Federal regulations applicable to labor, wage rates, hours of work, apprentices, aliens, subcontractors, and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. SECTION C - CONTRACTOR RESPONSIBILITIES 1 . The contractor shall furnish all equipment, material, supplies and labor when and where ordered, and pay all fees necessary to complete the work to the satisfaction of the Fire District. 2 . The contractor shall provide direct supervision of his/her employees and shall be responsible for correctly Locating and abating all parcels designated for abatement. 3 . The contractor shall complete all work as described on work orders in a timely and professional manner to the satisfaction of the W.A.C. 94 - Spec. p2 of 8 Fire District. Abatement work orders issued to the contractor shall be completed within fourteen ( 14) calendar days from the date of issuance. The contractor shall return the work orders no , later than fourteen ( 14) calendar days after the work is completed. 4 . There shall be at least one contractor's representative (e.g. the owner, a supervisor or employee) who is fluent in English on the job site at all times to answer expressed concerns of involved landowners or residents and to address any on--site District staff concerns . 5 . The contractor shall, to the best of his/her ability, insure his/her employees are polite to the public at all times . 5 . The contractor shall not abate parcels where work orders have been issued, when the following conditions are found to be present: A. Any property that shows signs that abatement has been started, unless otherwise directed by the Fire District; B. Growing cropland or other cultivated vegetation, unless existence of crops or cultivated vegetation is noted on work order; C. If permission to enter upon any property is denied, or the workers are ordered off the property; or D. The actual work to be done exceeds 150% of the abatement specified in the work order. In such cases, all workers and equipment are to be removed and the Fire District notified as soon as possible. 7 . Where the contractor is unable to complete the work as ordered, the contractor shall inform the Fire District in writing within 48 hours stating why such work was not or cannot be completed as ordered. 8 . The contractor shall maintain an office and adequate office staff within 100 miles of the Fire District' s office to facilitate necessary communication. The contractor and office staff must be available for contact by the Fire District: during the normal work day (8am to 5pm) . The contractor shall maintain records and reports relating to the contract work, which shall be available for inspection by the Fire District. 9 . The Fire Chief shall be informed at all times as to the amount of equipment the contractor has operating in the District at any time during this contract. When the contractor has less than the total number of equipment in operation required by this contract, the Fire Chief may order the contractor to place more', equipment into operation. Upon notification by the Fire Chief, the contractor will have forty-eight (48) hours to put the additional equipment into operation. 10 . In accordance with Section 13 of the Abatement Contract, the contractor shall conform to the requirements of Section 4100 through 4113 of the Public Contract Code pertaining to subcontractors . 11 . The contractor shall comply with all local, state', and federal regulations applicable to labor, wage rates, hours of work, apprentices, aliens, subcontractors, and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. W.A.C. 94 -- Spec. p3 of 8 12 . The contractor shall at all times use the type ofequipment that will do the ordered abatement satisfactorily and safely in the shortest amount of time, without creating erosion', or slide problems . 13 . The contractor shall complete all abatement work in the orders to be issued by the Fire District or indicate the reason why not done. The work orders will consist of parcels identified by County Assessor parcel numbers . The area to be abated on each parcel will be specified in these orders for the abatement work on such parcels . 14 . The contractor shall provide a sufficient number of good quality photographs not less than 3" x 3" in size to show', the condition of each parcel just before the abatement work begins and the condition of the parcel upon the completion of the work. Before and after photographs shall be taken from the same location. Each photograph shall be identified by parcel number and date the photograph was taken. The photograph will be given to the Fire District by the contractor at the time of invoicing for work completed. Invoices without good quality photographs will not be accepted for payment . The photographs will become the property of the Fire District. All costs for cameras and photographs shall be included in the bid price. 15 . The contractor shall be solely responsible for satisfactorily repairing or replacing anything damaged, such as water pipes, fences, gates, landscaping, etc. , by his/her employees and/or equipment. 16 . The contractor shall submit invoices at least every two weeks, unless a different length of time is approved by the Fire District. SECTION D - FIRE DISTRICT RESPONSIBILITIES AND PREROGATIVES 1 . The Fire Chief, as Administrator of the Exterior Fire Hazard Control Program, shall have final determination as to any conflict, dispute, changes or amendments, and shall be the sole judge concerning the intent of the contract documents . 2 . The Fire District reserves the right at any time during the period set for performance of the work to. A. Specify a particular method of abatement and type of equipment for any given parcel; B. Add to the amount of work to be completed; C. Remove certain work from the list (Orders) ; D. Schedule certain work as to date work is to be performed. 3 . The Fire District will provide work orders giving the following information. A. County Assessor's parcel number; B. Address and/or street name when possible; C. A copy of the map page from the County Assessor's map book to identify the parcel to be abated; D. Description of work to be done; E . Recommended type of equipment; and F. The District may, if it deems it appropriate, provide photographs to identify difficult to locate parcels to be abated. W.A.C. 94 - Spec. p4 of 8 4 . The Fire District may amend the contract to add additional areas and properties for abatement, and the contractor has thirty ( 30) days after notification in which to accept the amended documents . If said acceptance is not verified within such period, the contract is thereupon terminated and no further work or compensation therefore shall be due or allowed under the contract. SECTION w EQUIPMENT REQUIREMENTS 1 . Equipment must be available for immediate use at all times during the period of this contract. 2 . All equipment shall be in good and safe condition and shall be suitable for producing the required quality of work. All equipment and vehicles shall meet all federal, state and local requirements . All motorized equipment used off-road shall be provided with an approved spark arrester. 3 . Every operator of every vehicle or piece of equipment used for the work of the Fire District shall be skilled and competent in the operation of the vehicle or equipment he/she is operating and have any license required by law. 4 . The Fire Chief may order the removal of any vehicle, equipment or operator from the work if it is determined that they do not meet the provisions and Intent of this section. When so ordered, the contractor shall repair or replace said vehicle, equipment, or operator within 48 hours, with one approved by the Fire Chief or an authorized representative of the Fire District. 5 . Minimum amount of equipment to be provided by contractor for mowing, rubbish and tree removal: A. One ( 1 ) loader with bucket, wheel or track type. B. One ( 1) dump truck. C. One ( 1) 48 inch rotary mower or 5 foot flail-type mower for tractor drawn mowing. D. Eight (8) heavy duty, cord-type mowers . . E. Two (2) chain saws having a minimum 24 inch bar. F. One ( 1) trailerized chipper having a minimum 20 horse power motor and capable of chipping material to a maximum of 6 inches in diameter. 6 . In addition, the contractor must provide: A. Sufficient transporting equipment to maintain efficient utilization of equipment, B. Arrangements for the storage, maintenance and repair of abatement equipment; C. Cameras and film, including backup cameras for repair replacement; and D. A means of communication, such as a 2-way radio system or cellular telephones, suitable for reaching all sections of the Fire District. The contractor shall provide a sufficient number of communications devices for each of the following: 1 . Job superintendent 2 . Mowing crew foreman 3 . Transport drivers W.A.C. 94 - Spec. p5 of 8 �3t 4 . Baca-up devices for repair replacement, and 5 . Additional devices as needed to maintain efficient operating procedures . SECTION F - TYPES OF ABATEMENT 1 . Methods . The method of correction and abatement shall be to the specifications and standards of the Fire District and may consist of one or more of the fallowing: A. Hand Mowing B. Tractor Drawn Mowing C. Rubbish Removal (Hand Loaded) D. Rubbish Removal (Tractor) E. Tree Trimming and/or Removal F. Brush Removal G. Various other methods of correction and abatement as directed in the Orders issued. 2 . MOWING A. Hand mowing will be used in areas where discing or tractor mowing is not practical. B. Tractor mowing will be used on parcels where discing is not practical due to erosion, sloughing or where other problems exist. 3 . RUBBISH REMOVAL A. Specified combustible rubbish, trash, trimmings, litter, etc. , will be removed to a legal disposal area approved by the Fire District. B. The majority of rubbish removals can be accomplished with one or two personnel and a pick-up truck. C. There are normally only a few larger rubbish removals requiring a loader and dump truck. The number varies each year. The equipment must be available when required. 4 . TREE TRIMMING AND/OR REMOVAL A. Trees may be required to be trimmed to allow for abatement underneath the tree or to prevent the accumulation of rubbish. B. Specified tree removal of standing or down dead trees will be removed to a legal disposal area. C. The number of tree removals varies each year. ', The equipment must be available when required. 5 . BRUSH REMOVAL Brush removal may be used to clear hazardous growths of brush or to establish firebreaks . SECTION G - ABATEMENT STANDARDS 1 . Complete Abatement. When complete abatement is ordered, as much of the entire parcel as possible shall be abated. W.A.C. 94 -- Spec. p6 of 8 2 . Firebreaks . Firebreaks shall be installed in accordance with the orders issued by the Fire District. 3 . Mowing. Parcels abated by mowing shall be completed so that all weeds, grass or other vegetation or organic material which could be expected to burn, shall be cut to a height of not more than two ( 2) inches . 4 . Removal . Grass and weeds that are cut by hand shall be removed from within 30 feet of structures and disposed of in a manner approved by the Fire District. Additional removal of grass and weeds may be required in accordance with orders issued by the Fi e District. 5 . Tree and Brush Removal. . 'gees shall be cut down to near ground level and all branches 2 inches or .less in diameter removed or chipped up. 6 . Chipping. Wood chips from tree trimmings and brush shall be spread to not more than 3 inches in depth. SECTION H - PAYMENTS 1 . The contractor will be compensated for that work completed either at the unit charge or the hourly rate specified for that type of work supplied on the Bid Proposal . The number ofparcels specified is estimated as a basis for bid purposes only and the contractor shall accept payment at the various price rates for only that work supplied and actually completed with no additional allowances to be made. 2 . Excluding work to be done on an hourly basis, unit prices are to be based upon the initial abatement work ordered. If the contractor fails to satisfactorily complete work on a given parcel and is required to return and perform additional work, he/she shall receive no additional compensation over the unit price for the initial abatement work. 3 . Work orders will be furnished and only that work indicated for correction and work in such orders will be compensated under the contract. 4 . In cases where the property owner or their representative orders the contractor to remove his/her equipment from the property, only a "kick-off" charge for the amount of work completed if the work order was issued by unit or the actual time work was being done if the work order was issued by the hourly rate can be charged. Photographs must be taken by the contractor of work done. 5 . Compensation for rubbish removals shall be made for on-site work only. Compensation shall not be made for travel time or dump time. 6 . Disposal charges for rubbish removal will be in addition to bid prices and included on completed orders . Receipt with parcel number must accompany orders . Rubbish from more than one parcel can be on one receipt, but amount charged to each parcel must be indicated and a copy of the receipt attached to each order. 7 . The Fire District may specify the maximum amount of time which will be chargeable and allowed for payment by the Fire District for work performed on an hourly basis on any particular parcel of property. If the contractor disputes the maximum amount of time which the Fire District will allow for correction of a fire hazard, the contractor shall submit the matter to the Fire Chief for determination in writing, setting forth specific facts, reasons, or circumstances justifying the need of additional time for the particular work. The Fire Chief 's determination shall be final and conclusive respecting the dispute and the amount of compensation due the contractor. W.A.C. 94 - Spec . p7 of 8 8 . Work shall be performed under the general supervision of the Fire Chief, or an authorized representative of the Fire District, who shall have the authority to approve or reject any portion of the work, or to order the suspension of the work for cause. 9 . Payment for completed work will be made after the Fire District approves all work itemized on an invoice. Authorization for payment will be sent to the County Auditor-Controller's office within thirty (30) days after the invoice arrives at the District. 10 . 10% of each invoice payment will be withheld to cover any overpayment, or payment in error, or for settlinglegitimate damage claims against the contractor. This money will be released on or about December 31st if no assessment or damage complaints are pending. The contractor may elect to receive 100% of payments due under the contract from time to time, without ' retention of any portion of the payment by the Fire District, by depositing securities of equivalent value with the Fire District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final . 11 . Invoices will consist of. A. Original work orders indicating that each item has been completed or reason for non-completion indicated. The work order shall include the following information. i . Date or dates work done. ii . For orders issued by area, the unit price shall be listed. iii . For orders issued by hour, the contractor' shall indicate number of employees and actual number of hours each employee worked for each date. Hours charged shall be in 15 minute increments . Hours charged shall be for the actual time of abatement. iv. Total contractor charge for each work order. V. A copy of the receipt for dump charges shall be attached to all work orders for rubbish removal . vi . Sufficient number of good quality before and after photographs attached to the work order to document the conditions before work starts and the adequacy of the work done. B. Typed list giving parcel numbers, in numerical order, the total charges for each parcel and the total charge for the invoice. 12 . Any request for a change in the charges invoiced for a parcel shall be made in writing with an explanation of the reason the change is being requested. W.A.C. 94 - Spec. p8 of 8 DID PROPOSAL BETHEL ISLAND FIRE PROTECTION DISTRICT LAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RIVERVIEW FIRE PROTECTION DISTRICT 1954 ABATEMENT FOR EX'T'ERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL ON PRIVATE AND PUBLIC PROPERTIES AS ASSIGNED For the performance of exterior fire hazard abatement work in the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts hereinafter referred to as the "Fire District" or "District" . Name of Bidder: H & _N Enterprises Business Address : 6582 Tassa 'ara Road Pleasanton CA 94566 Place of Residence: 6407 Tassa `ara Road Pleasanton CA 54566 The undersigned hereby offers to furnish all equipment, materials and labor where ordered, and to do the work necessary to complete the project as described in the Notice to Contractors in accordance with the Abatement Contract and Abatement Specifications relating thereto which are on file at the Fire District office at the unit prices set forth on Page 3 of this proposal at a total bid amount. of: Fifty-Thousand Two--Hundred Ninety-Five Dollars (total amount of composite bid from Page 4 of the Bial Proposal) Dollars $ 5 01 2 9 5 . 0 0 The work will be done pursuant to the said Abatement Specifications and the Orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed, analyzed, and evaluated by the Fire District after the public opening of the bids by the Contra Costa County Fire Protection District, prior to the award of the contract by the Contra Costa County Board of Supervisors to the lowest responsible bidder. And further, the undersigned agrees to enter into a contract with the Fire District to do the work as provided above if awarded the contract and to furnish the prescribed bonds and insurance. CONTRACTOR (General) AUTHORIZED SIGNATURE DATE: NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 1--6 OF THE BID PROPOSAL W.A.C. 94 BP pl of 6 I . BIDDING INFORMATION AND REQUIREMENTS A. The hourly rate is to be figured in man hours , Example. If two people each work one half hour, the charge will be for one hour' s work. B. Actual dump charges for rubbish removals will be in addition to bid prices and included on completed work orders . Receipts with parcel numbers must accompany work orders . Rubbish from more than one parcel can be on a receipt, but amount charged to each parcel must be indicated. C. PRE-BID INFORMATION MEETING Attendance by a representative of any company bidding this contract is required at a meeting that will be held at the Contra Costa County Fire Protection District office at 2010 Geary Road, Pleasant Hill, April 19, 1994 at 3 . 00 p.m. W.A.C. 94 - BP p2 of 6 BID PROPOSAL TRACTOR DRAWN MOWING TRACTOR MOWING ESTIMATED UNIT UNIT PRICE TOTAL PRICE AREA QUANTITY 0 - 11,000 sq. ft. 5 Lots ea. 70 .00 350. 00 11, 001 - 22, 000 sq. ft. 2 Lets ea . 85 . 00 170.00 22,001 - 33,000 sq. ft. 2 Lots ea. 100. 00 200.00 33,001 - 43,560 sq. ft. 2 Lots ea. 125.00 250 .00 More than 1 acre 2 Acres Per Acre 70 .00 140 .00 Hourly 20 Hours Per Hour 60.00* 11200.00 * $12 . 00 per foot of lot RUBBISH REMOVAL BY TRACTOR RUBBISH REMOVAL ESTIMATED UNIT UNIT PRICE TOTAL PRICE BY TRACTOR QUANTITY Loader, Dump Truck and Operator 40 Hours Per Hour 65.00 2,600 .00 COMPENSATION SHALL BE MADE FOR ON SITE WORK ONLY, NOT FOR TRAVEL & DUMP TIME HAND MOWING BID PRICE TO INCLUDE REMOVAL & DISPOSAL OF ALL WEEDS AFTER MOWING WHEN ORDERED HAND MOWING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 0 - 2,500 sq. ft. 40 Parcels ea. 125 . 00 5,000 .00 2,501 - 5,000 sq. ft. 30 Parcels ea. 180 . 00 5,400.00 5,001 - 7,500 sq. ft. 10 Parcels ea. 255 .00 2,550.00 7,501 - 10,000 sq. ft. 10 Parcels ea. 325. 00 3,250.00 10,001 w 15,000 sq. ft. 5 Parcels ea. 475 . 00 2, 375. 00 15,001 - 20,000 sq. ft. 5 Parcels ea. 500. 00 2,500.00 20,001 w 25,000 sq. ft. 5 Parcels ea. 550.00 2,750.00 25,001 - 30,000 sq. ft. 2 Parcels ea. 600.00 1,200 .00 30,001 - 35,000 sq. ft. 2 Parcels ea. 630 . 00 1,260.00 35,001 - 40,000 sq. ft. 2 Parcels ea. 675.00 1,350.00 40,001 - 45,000 sq. ft. 2 Parcels ea. 750. 00 11500.00 Hourly Mowing & Misc . Hand Work 100 Hours Per Man Hour 32 . 50 3,250.00 W.A.C. 94 - BP p3 of 6 BID PROPOSAL CONTINUED RUBBISH REMOVAL - HAND LOADED Per Cubic Yard 100 cu.yd. ea.cu.yd. 55.00 5,500. 00 Hourly 250 Hours Per Man Hour 30. 00 7,500 .00 TOTAL COMPOSITE BIO $ 50,295. 00 COMPENSATION SHALL BE MADE FOR. THE TYPE OF WORD COMPLETED AT THE UNIT PRICE LISTED PER METHOD OF ABATEMENT WORK. The contract will be awarded on the basis of the lowest composite bid and proven ability, dependability and responsibility, regardless of the individual unit prices listed for application. W.A.C. 94 - BP p4 of 6 1 . CONTRACTOR EXPERIENCE A. Number of years in professional weed abatement. business : 17 years . B. List all weed abatement contracts you have had in the last five ( 5) years . Use additional page if necessary. YEARS NAME & ADDRESS OF CONTRACTING PARTY AMOUNT 1993 West County Mowing Contract 9092 San Ramon Valley Fire 1993 City of Livermore 1993 City of Pleasanton Private Treaty 2 . EQUIPMENT List all equipment you have available for use in performance of this contract. Indicate the equipment required by this contract in Section E, Specifications for Exterior Fire Hazard Control, with an asterisk ( * ) . Use additional page if necessary. AMOUNT TYPE SIZE 3 . CONTRACTOR'S BUSINESS OFFICE: ADDRESS 6592 Tassajara Road - Pleasanton, CA 94566 TELEPHONE ( 51p)__ 8_28-9163 4 . SUBCONTRACTORS A. All subcontractors who will perform work or labor or render service to the contractor .in fulfillment of this contract in an amount in excess of five percent (5%) of the contractor's total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. B. If it should became necessary to add or change subcontractors during the term of this contract, the Chief shall be informed immediately. C. Provide the following information about subcontractors : Name: NONE Years of Experience: Address . Phone #. Amount & Type of Equipment Provided. W.A.C. 94 - BP p5 of 6 Name: Years of Experience: Address : Phone #: Amount & Type of Equipment Provided: Name: Years of Experience: Address : Phone #: Amount & Type of Equipment Provided: W.A.C. 94 - EP p6 of 6 1994 ABATEMENT CONTRACT FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL 1 . SPECIAL TERMS: These special terms are incorporated below by reference. A. Parties : Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts, hereinafter .referred to as "Fire District" or "District", (Contractor) , � -- �J�" (L-P ai S65 B. Effective date: (See 3A for starting date) . C. The work. The contractor will at his/her own cost and expense, in a workmanlike manner, faithfully and fully do all the work and furnish all the equipment and materials necessary to complete, in accordance with the Abatement Specifications and related contract documents hereinafter mentioned, to the satisfaction of the Administrator of the Exterior Hazard Control Program administered by the Fare District, the abatement of fire hazards from the properties set forth by the Fire District. D. Completion time: Work orders shall be completed within fourteen ( 14) calendar days from the date of issuance of orders or as set forth by the Fire District in Orders to be issued. E. Fire District 's agent; Fire Chief of the Riverview Fire Protection Distract, Administrator of the Exterior Fire Hazard Control Program. F. Contract Prices $__-�501 tom# _oa ( for unit price contracts, more or less in accordance with finished dualities at unit bid prices ) . W.A.C. 94 - AC pl of 6 2 . SIGNATURES AND ACKNOWLEDGEMENT: FIRE DISTRICT: by: -,/ Chairman, oarcl of Supervisor Phi! Batche4or, Clerk of the Board of Supervisors and COunlYt r, utv e;k CONTRACTOR: hereby also acknowledging awareness of and compliance with Labor Code Sections 1851 and 3700 concerning Worker's Compensation geslgAnit/e�official by: ( capacity in the business) by: (Designate official capacity in the business) Taxpayer Identification Number: S Note to Contractor: ( 1) Execute acknowledgement form below, and (2 ) if a corporation, signatures must conform to designated representative groups pursuant to Corporations Code Section 313 .' State of California ) ACKNOWLEDGEMENT } (By Corporation, Partnership, County of { ' , } or Individual) ( +rYecl 4v ►rye.. v� -+i;t& W8v--c cif hlcs carry The person(.%T signing above for Contractor,Ak wn—t-e--mem n- i-nd-Ivv dual a I�+ i-t_y� ies}-�a eco, personally appeared before me today and acknowledged that he she/they executed 'i t, and acknowledged to me that the partnership a€med above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors . DATED: ld - -- `! � ss+ ��a�so�+►+rna��e�u�+ aa+act# (NOTA EJ�Wt7RA J. ROGERS Z, Z 00M�W #950084 s NOTAR PUBL S NOTARY PUBLIC CALKORNM IS CONTRA COSTA COUNTY My Comm.Exp.Dec,25, 1995 � •A « aoe +a4at*��*ns4+ se w Form approved': ° ' `( t WESTMAN COUNTY COUNSEL BY: 14.1 Diana Silver Deputy County Counsel W.A.C. 94 AC p2 of 6 3 . CONTRACT TERM. The term of this contract shall commence on the date the contract is executed on behalf of the Fire District and shell terminate on December 31, 1994 . 4 . WORK CONTRACT, CHANGES. A. By their signatures in Section 2, effective on the above date, these parties promise and agree as set forth in this contract, incorporating by these references the material ( "special terms" ) in Section 1 . B. Contractor shall, at his/her 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 Fire District's Notice to Contractors, Proposal, Orders and Abatement Specifications. C. The work can be changed only with the Fire District's prior written order specifying such change and its cost agreed to by the parties; and the Fire District shall never have to pay more than specified in Section 7 without such an order. 5 . TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the Orders and complete it as specified in Section 1 . 6 . INTEGRATED DOCUMENTS . The Notice to Contractors, Bid Proposal, Orders and Abatement Specifications or special provisions of the Fire District' 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 Notice to Contractors, Bid Proposal, and Orders not mentioned in the Abatement 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 the Fire District 's agent specified in Section 1. 7 . PAYMENT. For the strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Fire District shall pay the contractor the sum specified in Section 1, except that in this unit price contract., the payment shall be for finished quantities by hours or at unit bid prices in accordance with the Abatement Specifications . S . PAYMEN'T'S WITHHELD. A. The Fire District 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 Fire District from loss because of: 1 . defective work not remedied, or uncompleted work, or 2 . claims filed or reasonable evidence indicating probable filing, or 3 . failure to properly pay subcontractors or for material or labor, or 4 . reasonable doubt that the work can be completed for the balance then unpaid, or 5 . damage to another contractor, or 6 . damage to the Fire District, other than damage due to delay. W.A.C. 94 - AC p3 of 6 B. The Fire District 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 . 10% of each progress payment paid the contractor for work completed will be withheld until on or about December 31 . This money will be released after deducting for all overpayments or payments in error that may have been made during the year, and provided there are no damage claims remaining against the contractor, all claims for labor and materials have been resolved, no claims have been presented to the Fire District based on acts or omissions of the contractor, no unresolved liens or withhold notices have been filed against the work or the site, and there are no reasonable indications of defective or missing work or of late recorded liens or claims against contractor. The contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the Fire District, by depositing securities of equivalent value with the Fire District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final . D. Following completion of the work, Fire District will file a Notice of Completion and Resolution of Acceptance with the Contra Costa County Board of Supervisors, and thereafter cause the same to be recorded at the Contra Costa County Recorder' s office. Recording of the Notice of Completion and Resolution of Acceptance shall not affect the Fire District ' s right to withhold 10% of the progress payments under Subsection 8, c, above. 9 . INSURANCE (Labor Code Sections 1860-61) On signing this contract, contractor must give Fire District: A. a certificate of consent to self-insure issued by the Director of Industrial Relations, or B. a certificate of Workers ' Compensation Insurance issued by an admitted insurer, or C. 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. Pursuant to Labor Code Section 1861, prior to performing any work under this contract, contractor shall sign and submit to Fire District, the certification attached hereto as Appendix 1 . 10 . BONDS . On signing this contract, contractor shah deliver to the Fire District for approval good and sufficient bonds with sureties, in amount(s) specified in the specifications or special provisions, guaranteeing his/her faithful performance of this contract and his/her payment for all labor and materials hereunder in the forms attached hereto as Appendices 2 and 3 . 11 . FAILURE TO PERFORM. If the contractor at any time refuses or neglects , without fault of the Fire District 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 Fire District, the Fire District may furnish same and deduct the reasonable expenses thereof from the contract price. The Fire District may terminate this contract by registered mail where the contractor fails to provide sufficient workers and equipment as previously ordered. The Fire District 's determination shall be final and conclusive as to 'sufficiency of workers and equipment . W.A.C. 94 - AC p4 of 6 12 . LAWS APPLY (GENERAL) . Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter 1 of Part 7 of the California Labor Code, Section 1720 et seq. and including Sections 1735, 1777 .5 and 1777 .6, and intend that this contract complies therewith. The parties stipulate that the relevant penalties and forfeitures provided in the Labor Code, including those contained in Sections 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract. 13. SUBCONTRACTORS. A. Public Contract Code Sections 4100-4113 are incorporated herein. B. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent ( 5%) of the contractor's total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. C. If it should became necessary to add or change subcontractors during the term of the contract, the Chief shall be informed immediately. 14 . WAGE RATES . A. Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general prevailing rate 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 rate is on file with the Clerk of the Board of Supervisors, and is incorporated by reference thereto, the same as if set forth in full herein. B. This schedule of wages is based on a working clay 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 is worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. C. The contractor and all 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 Eire District, which shall promptly determine', the prevailing wage rate therefore 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 maybe employed on this work in accordance with Labor Code Sections 1777 . 5 and 1777 . 6 (discrimination prohibited) . W.A.C . 94 -- AC p5 of 6 17 . PREFERENCE FOR MATERIALS. The Fire District 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. This agreement binds the heirs, successors, assigns and representatives of the contractor; but he/she 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 Fire District and the contractor' s surety or sureties, unless they have waived notice of assignment. 19 . NO WAIVER BY FIRE DISTRICT. 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 Fire District 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 therefore, or any combination of these acts, shall not relieve the contractor of his/her obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby stopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS AND INDEMNITY. Contractor shall defend, indemnify, save and hold harmless the Fire District, its elective and appointive boards, commissions, officers, agents and employees, from any and all claims, costs or liability of any kind allegedly suffered, incurred or threatened, including but not limited to personal injury, death, property damage, inverse condemnation, or any combination of these, foreseeable or unforeseeable, arising directly or indirectly from or connected with any acts performed or work done pursuant to this contract, or any omission to perform including, but not limited to, claims, costs or liability resulting from: 1 . The conduct, negligent or otherwise, of the contractor, subcontractor(s) , or any officer(s) , agents) or employee(s) of one or more of them; 2 . the joint conduct of the Fire District and Contractor, regardless of whether the Fire District is concurrently, actively or passively negligent or not negligent at all; or 3 . the sole or concurrent conduct of any other person or entity. The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) , drawing(s) , specification(s) , or special provision(s) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnitee. N.A.C. 94 - AC p6 of 6 APPENDIX 1 CONTRACT: CONTRACTOR: CERTIFICATION BY CONTRACTOR (LABOR CODE SECTION 1861) TO BE'T`HEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RI'VERVIEW FIRE PROTECTION DISTRICT I am aware of the provisions of Section 37010 of the Labor Code which require every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I certify under penalty of perjury that the foregoing is true and correct. DATE: at: CA CONTRACT BY: (Desi to official capacity in business) BY: (Designate official capacity in business) APPENDIX 1 APPENDIX 2 PERFORMANCE BOND Bond No. 139796!P Premium $1257!.00 Any claim under this Band should be sent to the following address : 17780 Fitch Irvine. CA, 92714 (7141 253-33Q0 KNOW ALL MEN BY THE PRESENTS: That we, H N Enterprises as Principal, and Indemnit Com an of California , a corporation organized and existing 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 BETHEL ISLAND,_ EAST DIABLO OAKLEY AND RIVERVIEW FIRE PROTECTION DISTRICTS, as Obligee, in the sure of $25, 147.50 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 Flay 24, 1994 , with the Obligee to do and perform the following work, to--wit: 1994 Abatement Contract for Exterior Fire Hazard Control by Mowing, Rubbish and Tree Removal as is more specifically set forth in the contract documents , reference to which is hereby made. NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect . PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum specified above, the Principal and the Surety, their heirs , executors , administrators, successors and assigns, jointly and severally, shall be obligated to pay to the Obligee all casts , attorney' s fees and other litigation expenses incurred by the Obligee in collecting monies due under the terms of this bond. SIGNED AND SEALED, this 1st day of June 19 94 (SEAL) (SEAL) H & N Enterprise-s—-- Indemnity Company of California tF al ) -- (Surety) f r By: t G ( Signature) v i nature Paul J. IConratlgi, Attorney-in-Fac# (SEAL AND ACKNOWLEDGEMENT OF NOTARY) i :.. APPENDIX 2 PERFORMANCE BOND Bond No. 139796P Premium $1 ,Any claim under this Bond should be sent to the 'following address . 17780 Pitch Irvine, CA 9.2.714---- (714) 263 33rQ0 KNOW ALL MEN BY THE PRESENTS That we, H & N Enterprises - --- ' as Principal , and Indemnity Company of California - a corporation organized and existing 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 BETHEL ISLAND, EAST DIABLO, OAKLEY, AND--RIVERVIEW FIRE PROTECTION DISTRICTS, as Obligee, in the sum of $25, 147.50 — 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 May 24, 1994 , with the Obligee to do and perform the fallowing work, to-wit : 1994 Abatement Contract for Exterior Fire Hazard Control by Mowing, Rubbish and Tree Removal as is more specifically set forth in the contract documents , reference to which is hereby made . NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents , shall ', not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced on this band 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 ether litigation expenses incurred by the Obligee in collecting monies due under the terms of this bond. SIGNED AND SEALED, this 1st day of June 19 94 . _-�.. I (Zx'AT.1 { STATE OF CAIIFORNIA COUNTY OF Alameda � SS. On J une 1 1994 .Before me,_ Patricla J.Konratht Notary Public , PERSONALLY APPEARED Paul J.Konrath personalty known to me(or provided to me on the basis of satisfactory evidence) to be the persons) whose names) is/are subscribed to the within instrmnent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity0es), and that by hisfim/ their signature(s) on the instrument the person(s), or the entity upon " ` behalf of which the Persons)acted,executed the instrument . i'A't' ILIA J K07NttATH COMM #1009223 Z • NOTARY PiJBIX CAUVOKNiA y hLAMEDA COUN3Y N W1TNl;SS my hand and official seal, ter Ctmrn hxpms Feb 19. 1998 Signaturefy�- �, This arta for Official Notarial Sent APPENDIX 3 PAYMENT BOND Bond No. 139796P Premium included in P!g r formance Brand Any claim under this Band should be sent to the fallowing address : 17780 Pitch ._.__._,Irvine, CA 92714 - (714) 263--3100 KNOW ALL MEN BY THE PRESENTS : That we , H & N Enterprises , as Principal , and Indemnity Company of Cstifornia a corporation organized and existing under the laws of the State of CalifQrnia and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto BETHEL ISLAND EAST DIABLO OAKLEY AND RIVERVIEW FIRE PROTECTION DISTRIC'T'S, as Obligee, in the sum of $25, 147.50 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 May 24, 1994 , with the Obligee to do and perform the following work, to-wit : 1994 Abatement Contract for Exterior Fire Control by Mowing, Rubbish and Tree Removal as is more specifically set forth in the contract documents , reference to which is hereby made. NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Cade, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bund, and also, in case suit is brought upon this°bond, a reasonable attorney ' s fee, to be fixed by the court . This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civic Cade so as to give a right of action to such persons or their assigns in any suit brought upon this band. SIGNED AND SEALED, this 1st,_ day of _ June 19 94 ( SEAT,) ( SEAL) H S N n er rises _ - _ __.lndemni# irtipal ) _-_ ( Su ty) By: r ( Signature) (51- gnature) Paul J. Konrath, Attorney-in-Fact ( SEAL AND ACKNOWLEDGEMENT OF NOTARY) APPENDIX 3 PAYMENT BOND Band No. 139796P Premium included in Perfo nce fond Any claim under this .Band should be sent to the fallowing address : 17780 Fitch __-_#ryine,__CA 92714 KNOW ALL MEN BY THE PRESENTS . (714) 263-3300 That we, H L. N Enterprises as Principal , and Indemnity Company of Calf a corporation organized and existing 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 BETHEL ISLAND EAST DIABLO OAKLEY AND RIVERVIEW FIRE PROTECTION DISTRICTS, as Obligee, in the sum of $25, 147.50 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 contracf. dated May 24, 1994 , with the Obligee to do and perform the following work, to-wit : 1994 Abatement Contract for Exterior Fire Control by Mowing, Rubbish and Tree removal as is more specifically set forth in the contract documents , reference to which is hereby made . NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a 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 Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED, this 1st._ day of june 19 94 ( SEAL) (SEAL) H & N n er rises lnde�� iALipal ) _ ( ur tY) By: + 1 C• ,.•n -si-xr rZS� ( ignature) STATE OF CAUF©RNIA COUNTY OF Alameda � SS. lune 1 , 1994 PERS©NALLY APPEARED .Before me, IAtk-la J.Kottrath Notary Public PEPaul J.Ronrath , personally known to me(or provided to me on the basis of satisfactory evidence) to be the perstm(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hioerl their signature(s) on the instrument the person(s), or the entity upon behalf of which the pearsan(s)acted.executed the instrument. pATIZICIA} KONRAT l COMM r 1009223 WI'f NESS my hand and ollicial seal. Atw,+tt—count, MY Gomm ExOmcs reb 19,19% signature This area for Official Notarial Seat POWER OF ATTORNEY OF IK jEMNiTY COMPANY OF CALIFO►.AIA AND DEVELOPERS INSURANCE COMPANY a 195628 P.O.BOX 19725,IRVINE.CA 92713 • (714)253-3300 NOTICE. 1. A,t power ano authority herein granted sn3.: n any event terr nate on the 31st coy of March. 1996. 2. This Power of Attorney is void if altered cr:t a^v portion is erased 3. This Power of Attornev is voic unless the se=_,is reacable.the text is to brown tnk. the signatures are to biue InK ano tnis notice ISM reo mn. T s rower of Attcrney sno,, Y nc:oe r8: . :r2. ;1. -. .. -r-r� L ou,Sno„io rema;-a .^_ermanent::L-t cT i,ie o5eeee s recores KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do eac severalty,but not jointly,hereby make,constitute and appoint ***PAUL J. KONRATH*** the true and lawful Attorney(s)-in-Fact,to make,execute.deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts c suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)In any single undertaking:giving and granting unto said Attorneys)-in-Fact fu power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of sold corporations could do,but reserving to each c said corporations full power of substitution and revocation:and all of the acts of said Attorneys)-in-Fact,pursuant to these presents.are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial Institutions,leas bonds.insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNIT' COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24, 1986: RESOLVED,that the Chairman of the Board.the President and any Vice President of the corporation be.and that each of them hereby is.authorized to execute Powers of Attorney qualifying the attorney(s)named in the Powers of Attorney to execute.on behalf of the corporation.bonds,undertakings and contracts of suretyship:and that the Secretary or any Assis taut Secretary of the corporation be.and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power c Attorney or certificate bearing such facsimile signatures shalt be valid and binding upon the corporation when so affixed and In the future with respect to any bond,undertaking o contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec live Presidents and attested by their respective Secretaries this ist day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By . alY„t; By Da PFVincenti,Jr Dan PF.Vincenti,Jr. Q4'P`GU'RNSUresident aej*p resident f0444” r Ce^ ATTEST ATTEST w MAN 2T, ° ,, Iacr y lata ; By 160 zf"Jez y )Z64?A4Ze Wafter Crawefl Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April t,1993,before me.Tirese Taafua,personally appeared Dante F,Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(S)whose name(s)Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizes capacity(tes).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. ♦+Net OFFICIAL SEAL Signature TIRESA TAAFUA NOTARY PUBLIC•GALIFOHNIA f PRINCIPAL OFFICE iN ORANGE COUNTY My Commission Exp.Aug.t,1905 CERTIFICATE The undersigned.as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California.this 19t day of June , 199A . INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY tr A fill,t?�, � itq,I J �A6cUaY0R,I�o , RfOq,lofirr^ By 00,5, r / o MAR.21, L.C.Fiebiger �* roar \a By. L.C.Fiebiger �, Isle Senior Vice President Senior Vice President r0aa�t�� iD-310 REV,4/93 FILE No. X10 06.E10 °94 10:53 IDTISUDUO DEFENDIS 209 578 1841 PAGE: 1 ATEP4FANS � ,� ' • Q6 A9 94 PAOCIUCER CERTIMCATIE, G ISS ED A A MA A i B Ud tl t3 € F B n d 1 S Insurance 0 f Modesto ONLY AIDC? CONE EAS NO AtGKrS UPON 'MECERTII"ICATI HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND Of P.O. Box 3242 ALTER Ime COVERAGE AFFORDED BY THE POLICIES BELOW Modesto, CA 95353 COMPANIES AFFORDING COVERAGE COMPANY A Golden Eagle Insurance Company H h N Enterprises -- Robert flielson COWAMY 6582 Tassajara Read --. Pleasanton, CA 94568 rou�rA►rY COVERAGES THIS IS TO CERTIFY THAT THS POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO T14E INSURED NAMED ABOVE FOff T14E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY neou1RFUENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUUENT WIY$4 RESPECT TO WN"THIS CERTIFICATE MAY OE ISSUED OR AIAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HCREIN IS SUB*CT M ALL THC TEAUS, EXCLUSIONS AND CONDITIONS OF;SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN RFDUCEO BY PAID CLAWS. •• •.. -�••.. POLICYE�W71..1CY EXP/A�AMNl t'R Type OF Insu"A"Ct POUCYNtift"A AATiE 4UM'DO/ 1 I ISAT3It�1MiIDtI1tYY; � LMM ctElAi LtARit.ITY cEweFUL AC#iRE(IAT>C f2,006"o55 X 1 CCUMSAGIAL GENERAL LIABILITY ( f'11GDLiCTSi LCAIAAP�O!'hCld i .. 00,000 A CLAIMgUAOe 'xj occa11I FRP276436 06/07/94 06/07/95 Pe1SCNALAAOV0" "Y S l 00 OWNER'S A CONT PACT a kiACHCiCCIfRRGF�i t oo-I�U50'.'6-00 tLJ ,UU i FIRE DAhG4�f MP au lir1�1 S 5�.6 _0 0 tl M60lXP(AAY WW P-M 1 : 5,000 AVTOWGU8LIABILITY CC7UW4*SINMELWIr t ANY AUTO 11000.001 A7— ALL OV4WEO AUTOS 90my NWRY +t x BChtle[lULGCIAVTOS FRP276436 06/07/94 � 06107/95 -- X I "man AUTOS BODLY Ift"V A )( NON#JWNRO AUTOS IPr►akYrW1111 w PPIOPERTY DAMA" C Oil LIABILITY A PIO ONLY-IFA ACCiMNT t ANY AUTO OTl1EM T"M ALTO ONLY: �•.�. I EA{�11�GCIdlrEtiT f 11 14C+t�E�4TL� # e�tCIIJiR u,WIt3xT I RAW OC JAR t N• UMBAELLA FORM � 1 X11 t OYHER THAN UM0Z to POIIM L j W[Ol1KERi CIOMMMATION AND ( STATUTORY UIAIYS .. { ftVWIL7Y1 M'L1ABILIT9t eA*I AC5CK3>W I THE FIMOPME1 OA1 INOL Om"m-PCLICY LIMIT t PAIITIitfilsNliXtGUtIYE OMAN-Emm E31F1;.t`m 's �1rICCC'1,31114&: _ J1f 0 k C!P OCA Certificate Holder is named as additional insured as resUects work performed by the named insured. RE: Bethel Island , Cast Diable, Oakley & Riverview Fire Protection District 2 cKjmRcKft W1?rm Bethel Island, East Diable S:+MKD AW CW TM ABC1411 11MOM 04 Oakley & Riverview Fire crawmmm MA" Vift"OV. THS 0 AW VftL 00 VOR TO UA& Protection U l s is r i c t 30 DAM~T1aTN NOTICE TCI THE CIER"WATE NOLO"NAMM TO TNS UFT. 2(110 Geary Rd M 8UT FAXA TO WAIL 9UM NOTWI i!lAii NO 011IL MAUM 06 UAIUUYI I Pleasant ti 1 l 1 , CA94523 yr as unci rnl! , Il% AGM OR 90* AZU ( x ACQRD 25-S(33): . . . .. .. . STATE P.O.BOX 420807, SAN FRANCISCO, CA 94442-0807 COMPENSAIr1ON IN!lUAANCII! FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 19 , 1994 POLICY NUMBER: 005-94 UNIT 007647) CERTIFICATE EXPIRES: 1-1-9'$ r RIVERVIEW FIRE PROTECTION DI5TRICT C/O CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 010 GEARY RD. PLEASANT HILL. CA 94523 L This is to Certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. _ This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This Certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT ENDORSEMENT 40015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/18/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY . NAME OF ADDITIONAL INSURED : RIVERVIEW FIRE PROTECTION DISTRICT EMPLOYER f ROBERT J. NIELSEN , JR , 55+82 TA55AJAPA PLEASANTON CA 94555 L Iq TO: BOARD OF SUPERVISORS FROM: Victor J. Westman, County Counsel by: Diana J. Silver, Deputy County Counsel DATE: November 16, 1999 SUBJECT: Scatena v. Contra Costa County et al . , Return to Peremptory Writ SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: SET ASIDE that portion of the Board's decision of January 13, 1998 which had denied the omission of an 8.01 acre portion of the subject property from minor subdivision 96- 16 as commanded by the Peremptory Writ and Judgment in above-referenced litigation and APPROVE and AUTHORIZE County Counsel to sign Return to Peremptory Writ informing the Court that the Board has taken such action . FISCAL IMPACT: Costs will be paid to petitioner in the amount of$1733.18 BACKGROUNDIREAsONS FOR RECOMMENDATI©NS On October 21, 1999, judgment was entered and filed granting a peremptory writ of mandamus in the above-titled case. A copy of the writ and the judgment is attached. The writ requires that the Board set aside the condition of approval for Minor Subdivision 96-16, which denied the omission of an 8.01 acre portion of petitioner's property from the approved minor subdivision and instead, required this portion to be included in Parcel B of the minor subdivision. The writ requires the return to be filed within 30 days from the date of service of the writ upon the Board of Supervisors. The writ was served on November 8, 1999. Although the Court denied petitioner attorneys' fees, since the County did not prevail in the litigation, the County is liable for costs in the amount of$1733.18. ` CONTINUED ON ATTACHMENT: YES SIGNATUR fit � RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON November 16 1999 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT III TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: ATTESTED November 16, 1999 cc: County Counsel PHIL BATCHELOR, CLERK OF Risk Management THE BOARD OF SUPERVISORS CO Y ADMINISTRATOR BY o DEPUTY I Diana J. Silver, S.E. #40882 Deputy County Counsel 2 Victor J. Westman, S.B. #34044 County Counsel 19gq OCT 21 P 3: 4 3 Sharon L. Anderson, S.B. #94814 Assistant County Counsel 4 Contra Costa County Counsel 651 Pine St.,9'Floor 5 Martinez, CA 94553 Tel: (925) 335-1800 6 Attorneys for Respondents 7 Contra Costa County Board of Supervisors& Contra Costa County 8 9 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA 11 12 GERALD W. SCATENA, an Individual, No. C98-00966 Petitioner, JUDGMENT GRANTING 13 PEREMPTORY WRIT OF 14 V. MANDAMUS 15 CONTRA COSTA COUNTY BOARD OF Date: 9/28/99 SUPERVISORS: CONTRA COSTA Time: 8:30 a.m. 16 COUNTY,a division of the State of Dept: 13 California, 17 Respondents. 18 19 The matter came regularly before this court on September 28, 1999 for hearing,James C. 20 Clay appeared as attorney for petitioner. Diana J. Silver appeared as attorney for respondent. The 21 record of the administrative proceedings in the administrative proceedings entitled"Appeal of the 22 San Ramon Valley Planning Commission's Decision of a Minor Subdivision application, County 23 File No. MS960016,approved by the Zoning Administrator(Eagle Rock Financial,Inc. -Applicant, 24 G.W.Scatena-Owner)in the Alamo area"having been received into evidence and examined by the 25 court, no additional evidence having been received by the court, briefs having been filed and 26 reviewed by the court,arguments having been presented,the Court's tentative ruling will become 27 the Court's ruling and, 28 /// 3UDGMENT GRANTING PEREMPTORY WRIT OF MANDAMUS 1 I IT IS ORDERED that; 2 1. The Petition for Writ of Administrative Mandamus is granted on the grounds that there 3 is no substantial evidence to support the Respondent's finding that omission of a portion of the 4 source parcel was not appropriate. Petitioner's remaining arguments lack merit. Petitioner's request 5 for attorney's fees pursuant to Government Code Section 800 is denied for the reason that he has b failed to prove he is personally obligated to pay the attorney's fees and also because the agency's 7 action cannot be said to be arbitrary or capricious. 8 2. A peremptory writ of mandamus, as prayed for in the Petition,shall issue from the court, 9 directed to Respondent, and compelling Respondent: 10 (a) to set aside the condition of approval for the Minor Subdivision 96-16 on January 13, 11 1998 which denied the omission of the subject 8.01 - acre portion. of Petitioner's property from the 12 approved subdivision and required that said parcel be included within Parcel B of Petitioner's minor 13 subdivision. 14 15 Date: b 1999 16 e Richard L. Patsey, Jud&f the Superior Court 17 APPROVED AS TO FORM: 18 D e: � 19 20 Attorney for Petitioner 21 APPROVED AS TO FORM: 22 23 Date- 24 24 ' D ana J. Silver eputy County Counsel 25 Attorney for ReNspondent 26 27 DJS/jh/fjb I:\CLER\scatjud.wpd 28 JUDGMENT GRANTING PEREMPTORY WRIT OF MANDAMUS 2 PROOF OF SERVICE Y MIL (Code Civ. Proc., §§ 1012, 1013x, 2015.5; Fed. Rules Civ. Proc., rule 5(b)) Re: GERALD W. SCATENA v. CONTRA COSTA COUNTY BOARD OF SUPERVISORS; CONTRA COSTA COUNTY; No. C98-00966 I declare that my business address is the County Counsel's Office of Contra Costa County, Administration Building, P.O. Box 69, Martinez, CA 94553; that 1 am a citizen of the United States, over 18 years of age, employed by the County of Contra Costa and not a party to the within action; and, that I am readily familiar with the County Counsel's office business practice for collection and processing of correspondence for mailing with the United States Postal Service, and know that in the ordinary course of the County Counsel's office business practice the document described below will be deposited with the United States Postal Service on the same date that it is sealed and placed at the County Counsel's office with fully prepaid postage thereon. I further declare that I served a true copy of the attached JUDGMENT GRANTING PEREMPTORY WRIT OF MANDAMUS by placing said copy in an envelope(s) addressed as follows: James C. Clay Law Offices of James C. Clay 75-5870 Walua Road, Ste. 201 Kailua-Kona, HI 96740 FAX No. (808) 329-5679 which place(s) has(have) mail service, which envelope(s)was(were)then sealed, postage fully prepaid thereon, and deposited today for mailing either by directly depositing said envelope in the United States Mail or by following ordinary business practices of the County Counsel's office for collection for processing in the United States Mail at Martinez/Concord, Contra Costa County, California. I declare under penalty of perjury that the foregoing is true and correct. Executed at Martinez, California on October 21, 1999. JoA H� dia �"�`� � R O O F O F S E R V BY MAIL I Diana J. Silver, S.B. #40882 Deputy County Counsel 2 Victor J. Westman, S.B. #34044 County Counsel M9 OCT 2 j P 3. 4 2 3 Sharon L. Anderson, S.B. #94814 Assistant County Counsel 4 Contra Costa County Counselrxt r 651 fine St., 9`h Floor 5 Martinez,CA 94553 Tel: (925) 335-1800 6 Attorneys for Respondents 7 Contra Costa County Board of 8 Supervisors & Contra Costa County 9 10 SUPERIOR.COURT OF CALIFORNIA COUNTY OF CONTRA COSTA 11 12 GERALD W. SCATENA, an Individual, No. C98-00966 13 Petitioner, PEREMPTORY WRIT OF MANDAMUS 14 V. Date: 9/28/99 Time: 8:30 a.m. 15 CONTRA COSTA COUNTY BOARD OF Dept: 13 SUPERVISORS: CONTRA COSTA 16 COUNTY, a division of the State of California, 17 Respondents. 18 19 The people of the State of California 20 To the BOARD OF SUPERVISORS of CONTRA COSTA COUNTY,a division of the State 21 of California,Respondent: 22 WHEREAS,judgment having been entered in this action, ordering that a peremptory Writ 23 of mandamus be issued from this Court, 24 THEREFORE, YOU ARE HEREBY COMMANDED immediately on receipt of this Writ: 25 (a)to set aside that part of your decision(condition of approval)of January 13, 1998 in 26 the administrative proceedings entitled"Appeal of the San Ramon Valley Planning 27 Commission's Decision of Minor Subdivision application, County File No. MS960016, 28 approved by the Zoning Administrator(Eagle Rock Financial, Inc. -Applicant; G.W. Scatena- PEREMPTORY WRIT OF MANDAMUS 1 I Owner) in the Alamo area,,'which denied the omission of the subject 8.01 - acre parcel of 2 Petitioner's property from the proposed subdivision. 3 YOU ARE FURTHER COMMANDED to make and file a return to this writ within thirty 4 days from the date a copy of this writ is served on you showing what you have done to comply 5 with this writ. 6 Dated: .J/- /,9,7 7 CLERK OF THE 8 SUPERIOR COURT , Clerk 9 fl r,r)r f-f,,f By: 10 Deputy I1 LET THE FOREGOING WRIT ISSUE. 412 Dated: �` 13 Ric and L. Patse 14 Judge of the SulXrior Court 15 16 DJS/jh Th; PROOF OF SE VICF BY MAIL (Code Civ. Proc., §§ 1012, 1013x, 2015.5; Fed. Rules Civ. Proc., rule 5(b)) Re: GERALD W. SCATENA v. CONTRA COSTA COUNTY BOARD OF SUPERVISORS; CONTRA COSTA COUNTY, No. C98-40958 I declare that my business address is the County Counsel's Office of Contra Costa County, Administration Building, P.O. Box 69, Martinez, CA 94553; that I am a citizen of the United States, over 18 years of age, employed by the County of Contra Costa and not a party to the within action; and, that I am readily familiar with the County Counsel's office business practice for collection and processing of correspondence for mailing with the United States Postal Service, and know that in the ordinary course of the County Counsel's office business practice the document described below will be deposited with the United States Postal Service on the same date that it is sealed and placed at the County Counsel's office with fully prepaid postage thereon. I further declare that 1 served a true copy of the attached PEREMPTORY WRIT OF MANDAMUS by placing said copy in an envelope(s) addressed as follows: James C. Clay Law Offices of James C. Clay 75-5870 Walua Road, Ste. 201 Kailua-Kona, HI 96740 FAX No. (808) 329-5679 which place(s) has(have) mail service, which envelope(s)was(were) then sealed, postage fully prepaid thereon, and deposited today for mailing either by directly depositing said envelope in the United States Mail or by following ordinary business practices of the County Counsel's office for collection for processing in the United States Mail at Martinez/Concord, Contra Costa County, California. I declare'under penalty of perjury that the foregoing is true and correct. Executed at Martinez, California on October 21, 1999. JoAA Heredia PROOE OF 9 B R V I C F B' Y MAIL I Diana J. Silver, S.B. #40882 Deputy County Counsel 2 Victor J. Westman, S.B. #34044 County Counsel 3 Sharon L. Anderson, S.B. #94814 Assistant County Counsel 4 Contra Costa County Counsel 651 Pine St., 9`h Floor 5 Martinez, CA 94553 Tel: (925) 335-1800 6 Attorneys for Respondents 7 Contra Costa County Board of Supervisors &Contra Costa County 8 9 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA 11 12 GERALD W. SCATENA, an Individual, No. C98-00966 Petitioner, RETURN TO PEREMPTORY WRIT 1.3 OF MANDAMUS 14 V. 15 CONTRA COSTA COUNTY BOARD OF SUPERVISORS: CONTRA COSTA 16 COUNTY, a division of the State of California, 17 Respondents. 18 19 20 TO THE COURT: 21 Respondents,CONTRA COSTA COUNTY BOARD OF SUPERVISORS AND CONTRA 22 COSTA COUNTY,makes the following return to the peremptory writ of mandamus issued in this 23 action: 24 On 1999, respondent Board of Supervisors issued its order setting aside that 25 portion of its decision of January 13, 1998 Which had denied the omission of an 8.01 acre portion 26 of the subject property from the minor subdivision 96-16 as commanded by the peremptory writ 27 issued by this Court October 4, 1999 and filed October 21, 1999. 28 Retum to Peremptory Writ A true copy of that order is attached as exhibit A. 2 3 4 Dated. Victor J. Westman County Counsel 5 6 7 By. Diana J. Silver Deputy County Counsel 8 Attorney for Respondents 9 10 DJIjh 11 IA JOANNSCATretpw.WPD 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Retum to Peremptory Writ