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HomeMy WebLinkAboutMINUTES - 03091993 - 1.53 TO: BOARD OF SUPERVISORS 1 -5.3 Ir Contra FROM: Allen Little, Fire Chief Costa DATE: March 3 , 1993 County SUBJECT: Approving Contract Documents Submitted by the Riverview Fire Protection District SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION The County Administrator having presented to the Board contract documents (Notice to Contractors, Contract, Abatement Specifications, Bid Proposals and Addendum) submitted by the Riverview Fire Protection District for abatement of weeds, rubbish and other fire hazard conditions within the District by discing, bulldozing, mowing, rubbish and tree removal. The term of the contract shall commence on the date of execution and shall terminate on December 31, 1995. IT IS BY THE BOARD ORDERED that the aforesaid documents are APPROVED and April 6, 1993 at 11: 00 A.M. is FIXED as the time for the Board to receive bid proposals for performance of said work. IT IS BY THE BOARD FURTHER ORDERED that the Clerk is DIRECTED to publish the Notice to Contractors for the time and in such manner as required by law. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD Contact: Stan Gipson (757-1303) OF SUPERVISOR ON THE DATE SHOWN. CC: County Administrator ATTESTED Riverview Fire`'Protection District Phil Batchelor, Clerk of the Board of Auditor-Controller Suoervisors and County Administrator County Counsel. M3e2/7-e3 BY DEPUTY ABATEMENT SPECIFICATIONS SECTION A - DESCRIPTION OF PROJECT 1. The Riverview Fire Protection District of Contra Costa County, hereinafter referred to as the Fire District, is in the process of notifying the owners of over 2,500 properties within Riverview Fire Protection District, Oakley Fire Protection District, Bethel Island Fire Protection District and East Diablo Fire Protection District which may require the correction and abatement of fire hazards. Those properties that have not been corrected and abated by the owners will be abated under orders of the Fire District. Approximately 250 properties may be abated annually under this contract. 2. The abatement contract for the period March 31,1993, through December 31, 1995, will be awarded on the basis of the lowest composite bid and proven ability, dependability and responsibility. The successful bidder shall be compensated for that work completed at the rate specified for that type of work supplied on the bid proposal. 3. A copy of the abatement contract which the successful bidder will be required to execute, can be inspected at the Fire District Office, 1500 West Fourth Street, Antioch, CA, 94509. 4. Bids will be publicly opened by the Contra Costa County Board of Supervisors and it is expected that they will be presented to the Administrator of the Fire District for review. The Administrator of the Fire District 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 (Governing Body of the Fire District) to award the contract to the lowest composite bidder of proven ability, dependability, and responsibility. 5. This Abatement Specification document is intended to cooperate with the Notice to Contractors, Contact, Proposal and Orders as discussed herein, so that anything exhibited in the Notice to Contractors, Contact Proposal, and Orders not mentioned in the Abatement Specifications is to be considered as if exhibited, mentioned and set forth herein. SECTION B - GENERAL PROVISIONS 1. Before any work is commenced on this contract and within ten (10) calendar days after the date of award, the successful bidder shall furnish to the Fire District evidence of: 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 or by any subcontractor under him who may come within the protection of such Workers' Compensation Laws of the State of California, and shall provide, employers general liability insurance for the benefit of his employees and the employees of any subcontractor under him, not protected by such compensation laws, and proof of such insurance, satisfactory to the Fire District shall be given by filing certificates of such insurance with the .Fire District, in form satisfactory to said Fire District. If such insurance is underwritten by any agency other than the State Workers' Compensation Fund, such agency shall be a company authorized to do business in the State of California. 1 b. Public Liability and Property Damage Comprehensive or Commercial Insurance. During the entire term of this contract and any extension or modification thereof, Contractor shall keep in effect, at no cost to County: (a) Comprehensive or commercial general liability insurance, and (b) automobile liability covering owned and non-owned vehicles; each with a minimum combined single limit coverage of $500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence. Said policies shall be endorsed to name the County and its respective offices and employees as additional insureds, and shall not lapse or be cancelled except by at least 30 days' advance written notice to County Contractor shall provide certificate of insurance evidencing that these insurance coverages are in effect. 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 person or property resulting from his operations of any subcontractor under him. C. Contract Bonds. The contractor shall, at the time of signing the contract and prior to January 1st of each subsequent year of 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, in an amount equal to one hundred percent (100%) of the contract price (for subsequent years, contract price to be increased or decreased in accordance with Section 3-c of the contract agreement) for the payment of just claims for materials, labor, and subcontractors employed by him thereon, and a bond equal to one hundred percent (100%) of the contract price (for subsequent years, contract price to be increased or decreased in accordance with Section 3-c of the contract agreement) as surety for the faithful performance of the contract. 2. 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 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. 3. The contractor shall furnish all equipment, material, supplies and labor where ordered, and pay all fees necessary to complete the work to the satisfaction of the Fire District. 4. The contractor shall complete all abatement and correction work in the Orders to be issued by the Fire District. The Orders will consist of parcels identified by County Assessor parcel numbers and will include copies of assessor map book pages for location of parcels. The type work to be completed on each parcel will be specified in these Orders. Only those parcels indicated for abatement work in such Orders will be abated under the contract (Agreement). All parcels on orders shall be abated or have an approved reason for non-abatement before payment will be made for completed work. 5. The contractor shall return the work order(s) with Invoice(s) no later than one (1) week after the work is completed. 6. The contractor shall provide direct supervision of his employees and shall be responsible for correctly locating and abating all parcels designated for abatement and the prevention of damage to markers, utilities, planted vegetation or other property, public or private. 2 7. Any other forms or controls that may be required by the Fire District shall be completed by the contractor. The contractor shall maintain all records and records and reports pertaining to any work under the contract and have them available for inspection by the Fire District. 8. The Fire District must approve the corrective (abatement) work before payment may be made to the contractor: 9. Payment for completed work will be made by the Fire District approximately thirty (30) days after receiving contractor's invoice for completed work. 10. Ten percent (10%) of each progress payment paid the contractor for work completed during each calendar year will be withheld until thirty-five (35) days after the date the "Notice of Completion and Resolution of Acceptance" is recorded at the Contra Costa County Recorder's Office. The Fire District will file the "Notice of Completion and Resolution of Acceptance" with the Contra Costa County Board of Supervisors on or before December 31 each year of the contract for work completed during that year. 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 4590 of the Government 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. The contractor shall not correct or abate parcels where Orders have been issued, when the following conditions are found to be present: a. Any property that shows signs of started or attempted correction and abatement, unless otherwise directed by the Fire District. b. Growing crop land. C. If permission to enter upon premises is denied, or the workmen are ordered off the property, all workmen and equipment are to be removed and the Fire District notified. 12. Orders will be furnished and only that work indicated for correction and work in such Orders will be compensated under the contract. 13. Where the contractor is unable to complete the work as ordered, he shall inform the Fire District within 48 hours, stating why such work was not or cannot be completed as ordered. 14. 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 correction and work for any given property. b. Add to the amount of work to be completed. C. Remove certain work from the list (Orders). d. Schedule certain work as to the date correction and work is to be carried out. 15. The contractor will be compensated for that work completed at the rate specified for that type of work supplied on the bid proposal. The number of parcels specified is estimated as a basis for bid purposes only. Payment will be made for that work supplied and actually completed with no additional allowances to be made. 3 Excluding the types of work to be done on an hourly basis, unit prices are to be based upon the initial abatement work being completed according to the abatement standards in Section D of this document. If the contractor fails to satisfactorily complete work on a given parcel and is required hereunder to return and perform additional work on subject parcel, he shall receive no additional compensation over the unit price bid for the initial abatement work for such additional work. 16. With respect to all types of work to be done on an hourly basis, 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 .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, he shall submit the matter to the Fire Chief for determination in writing, setting forth specific facts, reasons for circumstances justifying the granting of additional time to him 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. 17. The contractor shall maintain an office of and adequate office staff within 50 miles of the Fire District's office to facilitate necessary communication. The contractor and his office staff must be available for contact by the Fire District during the normal working day (8:00 a.in. to 5:00 p.m.) 18. All equipment used in crop land, range land, watershed or other open land shall have an approved spark arrestor affixed to the exhaust systems, in accordance with Section 13005 California Health and Safety Code. 19. 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 therewith terminated and no further work or compensation therefore shall be due or allowed under the contract. 20. The Fire Chief, as Administrator of the Fire District, 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. 21. In accordance with Section 12 of the abatement contract, the contractor shall conform to the requirements of Section 4100 through 4113 of the Public Contract Code pertaining to subcontractors. 22. Where the words Chief or Fire Chief are used, this shall be interpreted as Chief of the Riverview Fire Protection District or his authorized representative. SECTION C - EQUIPMENT AND ABATEMENT SPECIFICATIONS 1. Scone. The conditions to be covered under this contract consist of furnishing all materials, tools, equipment, transportation, incidentals and labor as specified in the contractor qualifications, unless otherwise supplied by the Fire District involved in the reduction, correction, elimination or removal of weeds, refuse, rubbish or other fire hazard conditions, in accordance with County Ordinance and the California Health and Safety Code, within the District boundaries of the Fire District. 2. Time Limitations. Abatement Work Orders given to the Contractor by the Fire District during the period of March 1 through June 20 shall be completed by June 30 of the contract year. Abatement work orders given to the contractor during the period of June 21 through June 30 must be completed by July 7 of contract year. Abatement Work Orders given to the contractor after July 7 must be completed within seven (7) days. 4 0 3. 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. Hand Mowing b. Rubbish Removal (Hand Loaded) C. Discing d. Rotovating e. Tractor Drawn Mowing f. Dozing g. Rubbish Removal (Tractor) h. Various other methods of correction and abatement as directed in the Orders issued. 4. Progress Report. Every Monday through Friday except holidays, a list of parcels; (DBO) done by owner and (KO's) kick-off from the previous week will be delivered to the District weed abatement office. 5. Type Work and Equipment Required. The equipment required by this abatement specification document must be owned, or under an annual lease to the contractor for each year of the contract. a. Hand Mowine - Due to the amount of rocks and other obstacles hidden in the grass on many parcels, the mowers used must be heavy-duty and made for rough ground and of the belt driven blade type. All cut weeds and grass shall be removed from parcel or parcels by the contractor and shall be hauled by him to a legal disposal area approved by the Fire District. All costs involved in said removal and disposal shall be included in the contractor's unit bid price for said weed abatement work. Contractor will provide enough mowers and/or gas powered heavy-duty weeds eaters to supply at least two (2) work crews of at least three (3) men each, trucks to haul men, equipment and debris plus sufficient back-up equipment to complete the work orders in the allotted time. b. Removal of Rubbish (Hand Loaded,) - The minimum crew for the removal of rubbish shall consist of three (3) units consisting of one truck with driver/laborer and one additional laborer. Compensation will be made for on-site work only (not for travel and dump time). There will be a one cubic yard minimum charge. C. Disci - The contractor shall provide a minimum of one (1) wheel tractor and two (2) track layer type tractors with discs at all times. Discing equipment shall be set at an angle sufficient to cut the growth loose from its existing position and when drawn at the proper speed, turn the weeds over and cover them with soil. The contractor shall provide at least one (1) reserve tractor and disc to be used as replacements for breakdowns of the three (3) required units. Enough tractor transportation equipment and qualified drivers to move tractors from parcel to parcel as necessary to complete all required abatement within the required time limits. d. Rotovatin - 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. e. Tractgr Drawn Mowing - The contractor shall provide a minimum of one (1) 48" rotary mower or a 5' flail type mower to be utilized in areas where mowing by motorized equipment is possible. f. Dozin - The contractor shall provide a minimum of one (1) JD 350 track layer or equivalent with a hydraulic operated angle dozer blade. May be used to level mounds of dirt prior to discing or rotovating or to clear large areas of debris. 5 g. Rubbish Removal (_,Tractor) - Excessive accumulations of rubbish and debris may be ordered removed when such accumulation has been determined to be a fire hazard. The minimum crew for rubbish removal will consist of one dump truck with, driver/laborer and one tractor operator with a four-in-one bucket or a loader bucket of not less than 3/4 yard. Compensation will be made for on site work only (not for travel and dump time). Disposal Charges - Actual disposal charges for rubbish removal will be in addition to bid prices and included on completed work orders. Receipt with parcel number must accompany work orders. Rubbish from more than one parcel can be on one receipt, but amount charged to each parcel must be indicated. h. Various Other Methods - As assigned by the Fire District in order to secure compliance with District Ordinances. i. The contractor shall perform the type of work for a particular property as directed by the Fire District. j. The Fire District will provide maps showing the locations of parcels and work orders describing what is to be abated and the size, in square feet of area to be abated. k. The 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 tractors in operation required by this contract, the Chief may order the contractor to place more tractors into operation if he determines it necessary in order to reduce the fire hazard in a shorter period of time than indicated in the "Time Limits" (Sec.C-3). Upon notification by the Chief, the contractor will have forty-eight (48) hours to put the additional tractors into operation. 1. All equipment shall be in good and safe condition and shall be suitable for producing the required quality of work. All equipment used in crop land, range land, watershed or other open land shall have an approved spark arrestor affixed to the exhaust system. in. Every operator of every vehicle or piece of equipment used for the work of this Fire District shall be skilled and competent in the operation of his vehicle or equipment. n. The Fire Chief may order the removal of any vehicle, equipment or operator from the work if he determines that they do not meet the provisions and intent of this section. When so ordered, the contractor shall immediately replace said vehicle, equipment, or operator with one approved by the Fire Chief or his authorized representative. SECTION D - ABATEMENT STANDARDS 1. Discing & 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 as possible of the entire parcel shall be abated in accordance with the above quality standard. 6 3. Firebreaks a. Minimum Width - Firebreaks shall be not less than thirty (30) feet wide unless otherwise specified on work orders. Around buildings and combustible storage areas, a sixty (60) feet area will be cleared. 4. Mowing, Tractor Drawn - Parcels abated by tractor drawn 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. SECTION E - PHOTOGRAPHS 1. The contractor shall provide the number of instant color photographs necessary to do the following: a. Identify the parcel by landmarks. b. Show the entire abatement problem before the abatement work begins. C. Show the entire condition of the parcel upon completion of the work. 2. Before and after photos will be taken from the same location. A minimum of four (4) pictures, two (2) before and two (2) after. 3. Each said photograph shall be identified by parcel number, time, date, and specify whether before or after picture. 4. The photographs will be given to the Fire District at the time of invoicing for work completed. All photographs will become the property of the Fire District. All costs for the photographs shall be included in the bid price for the particular abatement work completed. SECTION F - SUBCONTRACTORS 1. All subcontractors shall be under binding contract to the contractor to ensure his commitment for the term of the abatement contract. SECTION G - EXAMINATION OF MAPS, PARCELS, CONDITIONS. ETC. 1. The bidder must make a careful examination of the maps, parcels and conditions; he must fully inform himself as to the character of work required; and he must make a careful examination of the location and condition of the work. The District will in no case be responsible for any loss or any unanticipated cost that may be suffered by the contractor as a result of the contractor's failure to fully inform himself in regard to all conditions pertaining to the work. SECTION H - INTERPRETATIONS OF SPECIFICATIONS AND DOCUMENTS 1. If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Specifications, or other Contract Documents, or find discrepancies in or omissions from the specifications, or Documents, he may submit to the District a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of Contract Documents will be made only by Addendum, duly issued and a copy of such Addendum will be mailed or delivered to each person receiving a set of such Contract Documents. The District will not be responsible for any other explanations or interpretations of the Contract Documents. No oral interpretations of any provision in the Contract Documents will be binding upon the District. 7 RIVERVIEW FIRE PROTECTION DISTRICT BID PROPOSAL FOR EXTERIOR FIRE HAZARD CONTROL ...... _... . . . .. .. . FOR THE YEARS 1993, 1994, & 1995 For the performance of fire hazard correction and abatement work in the Riverview Fire Protection District. NAME OF BIDDER: BUSINESS ADDRESS: PLACE OF RESIDENCE: 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 Contract and Specifications relating thereto which are on file at the District Office of the Public Agency at the unit prices set forth on Pages 3 and 4 of this proposal at a total bid amount of: (Total amount of composite bid from Page 4) Dollars $ The work will be done pursuant to the attached "Abatement Specifications" and the Orders as issued by the Public Agency as to the specific properties to be abated. The "Contractor's Qualifications" will be confirmed, analyzed, and evaluated by the Public Agency after the public opening of the bids by Contra Costa County Board of Supervisors, prior to the award of the contract by the Board to the lowest responsible bidder. And, further, the undersigned agrees to enter into a contract with the Public Agency to do the work as provided above if awarded the contract and to furnish the prescribed bonds and insurance. CONTRACTOR (GENERAL) AUTHORIZED SIGNATURE (Signature to be Notarized) DATE: NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 3, 4, 5, 6 & 7 PAGE 1 OF 7 BIDDING INFORMATION AND REQUIREMENTS: A. 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. B. All bidders to review ATTACHMENT B relative to Contra Costa County Minority and Women Business Enterprises (attached). C. PRE-BID INFORMATION MEETING: Attendance by a representative of any company bidding this contract is required at one of two meetings that will be held at the Fire District Office at 1500 W 4th Street, Antioch, CA on and at Bids will not be accepted from any company not having a representative at one of these meetings. Diak:Sun etl.p PAGE 2 OF 7 BID PROPOSAL DISCING ............ NG ....... .. ...... X .......... ...... ... .. ......... . ..... ....... ..........X 0 thru 11,000 sq. ft. 15 Lots ea. 11,001 thru 22,000 sq. ft. 15 Lots ea. 22,001 thru 33,000 sq. ft. 10 Lots ea. 33,001 thru 43,560 sq. ft. 10 Lots ea. More than 1 acre thru 10 acres 200 Acres Per Acre More than 10-acres 50 Acres Per Acre -Hourly 100 Hours Per Hour ROTOVATING ........ ..................... ...................................... ..... .... Fix: P. ................ ..................... ............ .......... .......... .................... .............. FA ............ .. ......... . ............ ... ............ N-T 0 thru 5,000 sq. ft. 5 Lots ea. 5,001 thru 10,000 sq. ft. 5 Lots ea. 10,001 thru 15,000 sq. ft. 2 Lots ea. 15,001 thru 20,000 sq. ft. 2 Lots ea. Hourly 25 Hours Per Hour TRACTOR DRAWN MOWING .......... :U. N(11.`:]]�>i» .... ............... ................................... . .................... . ...... .............................. . . ... .............................. .......... .. ....................... . ...... .............................. ARE ...................... ... ... ................... .. .... ...................... 0 thru 11,000 sq. ft. 5 Lots ea. 11,001 thru 22,000 sq. ft. 5 Lots ea. 22,001 thru 33,000 sq. ft. 2 Lots ea. 33,001 thru 43,560 sq. ft. 2 Lots ea. More than 1 acre 2 Acres Per Acre Hourly 25 Hours Per Hour DOZING ............... .... . . ... . ................... ............................ %;........ ... . . . ............. .. ......... ....... ....... .......... .......... ..... ... .......... ............ . ...... ..... .. . . .. .......... MENEM ........ ..................... A .. ... .............. .......... .............................W..-.::........ .......... ....... Angle dozer and operator 40 Hours Per Hour NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 1, 4, 5. 6 & 7 PAGE 3 OF 7 PAGES BID PROPOSAL RUBBISH REMOVAL BY TRACTOR . .......... ......... ..... .......... .. ....... .......... .......... ................ .. . ....... . ........ ........... . ......... . ............. .. ............. .. ........ . . ............. . ......... ............. ............ ... ...... NI ........... Loader and operator 40 Hours Per Hour Dump truck and operator 40 Hours Per Hour COMPENSATION SHALL BE MADE FOR ON SITE WORK ONLY., NOT FOR TRAVEL AND DUMP TIME. HAND MOWING BID PRICE TO INCLUDE REMOVAL AND DISPOSAL OF ALL WEEDS AFTER MOWING. ..................... .......................... ifW-X ............ 0 thru 2,500 sq. ft. 60 Parcels ea. 2,501 thru 5,000 sq. ft. 60 Parcels ea. 5,001 thru 7.500 sq. ft. 20 Parcels ea. 7,501 thru 10,000 sq. ft. 20 Parcels ea. 10,001 thru 15,000 sq. ft. 10 Parcels ea. 15,001 thru 20,000 sq. ft. 10 Parcels ea. 20,001 thru 25,000 sq. ft. 10 Parcels ea. 25,001 thru 30,000 sq. ft. 5 Parcels 1. ea. 30,001 thru 35,000 sq. ft. 5 Parcels ea. 35,001 thru 40,000 sq. ft. 2 Parcels ea. 40,001 thru 45,000 sq. ft 2 Parcels ea. Hourly Mowing & Misc. Hand Work 100 Hours Per Man Hour RUBBISH REMOVAL-HAND LOADED Per cubic yard 150 cu yds ea cu. yd Hourly 300 Hours Per Man Hour TOTAL COMPOSITE BID $ COMPENSATION SHALL BE MADE FOR THE TYPE OF WORK COMPLETED AT THE UNIT PRICE LISTED PER METHOD OF ABATEMENT WORK. Bid price is for one year and is for bid purposes only. Total amount of work done in any one year of contract may be more or less than "Estimated Quantity Per Year" (EST. QTY. PER YEAR) shown above. See Contract AGREEMENT, Sec. 3C, CONTRACT Term, for yearly price change. 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. NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 1. 3. 5. 6 & 7 PAGE 4 OF 7 PAGES CONTRACTOR QUALIFICATIONS I. EXPERIENCE A. year in professional abatement business. B. Abatement contracts successfully completed: Contract Year Agency or Firm Address Amt. 1. 2. 3. 4. 5. Previous Bonding Companies ❑ Labor and Materials ❑ Performance Agent Address Bonding Company 1. 2. 3. 4. II. EQUIPMENT, CONTRACTOR OWNED. EMPLOYEE INFORMATION A. # Tye May be Inspected at Location] 1. Hand Rotary Mowers 2. Rubbish Haul Trucks 3. Miscellaneous Equipment B. List Number of Employees: Full Time Part Time 1. Field Employees 2. Office Staff C. Is all listed equipment operational? ❑ Yes ❑ No (If no, explain) NOT VALID UNLESS RETURNED WITH PAGE 5 OF 7 COMPLETED PAGES 1. 3, 4, 6 & 7 a D. Is all listed equipment owned free and clear? ❑ Yes ❑ No (If no, list equipment being purchased and/or leased) ui ment Lender/Lessor Lender/Lesser Address 1. 2. 3. (Use back of page, if necessary) Are all equipment contracts or lease payments current? ❑ Yes ❑ No (If no,explain) E. Are there payments due for mechanical repairs and/or equipment parts on any of the listed pieces of equipment? ❑ Yes ❑ No 1. 2. 3. (Use back of page, if necessary) Are all payments current? ❑ Yes ❑ No (If no,explain) III. SUB-CONTRACTORS A. List percentage of each type of abatement work to be completed by sub-contractor(s) 1. Hand Mowing &Hoeing 2. Rubbish Removal B. Are all sub-contractors listed on Page 7 under contract? ❑ Yes ❑ No Is the contract binding on the sub-contractor to ensure his commitment for the term of the abatement contract? ❑ Yes ❑ No (If no, explain IV. BUSINESS OFFICE A. Location Address: City: Zip Telephone: (During work hours) (After work hours) NOT VALID UNLESS RETURNED WITH PAGE 6 OF 7 COMPLETED PAGES 1. 3. 4. 5 & 7 SUB-CONTRACTORS FOR FIRE HAZARD ABATEMENT WORK With respect to and incident to the above entitled work or improvement, the contractor states the following is .the name and the address of the place of business of each sub-contractor who will perform work or labor or render service to the Contractor in or about the construction of the above indicated work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the Contractor's total bid; and, he further herein sets forth that type of abatement equipment which each sub-contractor will provide: YEARS OF NAME: ABATEMENT EXPERIENCE: ADDRESS: PHONE: NUMBER & TYPE OF EQUIP. AVAILABLE: EQUIP. LOCATION: # OF EMPLOYEES: FULL TIME PART TIME IS THIS SUB-CONTRACTOR UNDER CONTRACT YES NO YEARS OF NAME: ABATEMENT EXPERIENCE: ADDRESS: PHONE: NUMBER & TYPE OF EQUIP. AVAILABLE: EQUIP. LOCATION: # OF EMPLOYEES: FULL TIME PART TIME IS THIS SUB-CONTRACTOR UNDER CONTRACT YES NO YEARS OF NAME: ABATEMENT EXPERIENCE: ADDRESS: PHONE: NUMBER & TYPE OF EQUIP. AVAILABLE: EQUIP. LOCATION: # OF EMPLOYEES: FULL TIME PART TIME IS THIS SUB-CONTRACTOR UNDER CONTRACT YES NO YEARS OF NAME: ABATEMENT EXPERIENCE: ADDRESS: PHONE: NUMBER & TYPE OF EQUIP. AVAILABLE: EQUIP. LOCATION: # OF EMPLOYEES: FULL TIME PART TIME IS THIS SUB-CONTRACTOR UNDER CONTRACT YES NO YEARS OF NAME: ABATEMENT EXPERIENCE: ADDRESS: PHONE: NUMBER & TYPE OF EQUIP. AVAILABLE: EQUIP. LOCATION: # OF EMPLOYEES: FULL TIME PART TIME IS THIS SUB-CONTRACTOR UNDER CONTRACT YES NO YEARS OF NAME: ABATEMENT EXPERIENCE: ADDRESS: PHONE: NUMBER & TYPE OF EQUIP. AVAILABLE: EQUIP. LOCATION: # OF EMPLOYEES: FULL TIME PART TIME IS THIS SUB-CONTRACTOR UNDER CONTRACT YES NO (Use back of page if necessary) NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 1,__ 3 , 4 , 5 & 6 PAGE 7 OF 7 PAGES ATTACHMENT B CONTRA COSTA COUNTY MINORITY AND WOMEN BUSINESS ENTERPRISE REQUIREMENTS 1. The County Board of Supervisors wishes to help develop and support Minority and Women Business Enterprises (MBE and WBE) by providing opportunities to participate in the performance of professional services. An MBE or WBE, as used in this document, means a business enterprise that meets the criteria specified in the "supplemental MBE/WBE Standards and Requirements." 2. The consulting contractor shall meet one of the following requirements: a. Award at least twenty percent of its total fee to sub-consultants and/or other sub-service providers (such as accountants, bookkeepers, typists, printers, etc.) who are minority business enterprises and at least seven percent to sub-consultants and/or other sub-service providers who are women business enterprises. b. In the event that work is to be performed by a consultant utilizing no sub- consultants and/or sub service providers: i) The consultant must demonstrate that no opportunities for such sub-consultants and sub-service providers were available, and ii) The Contract Compliance Officer's recommendation to award shall be based on the County Department's solicitation efforts to MBE's and WBE's. 3. The estimated total dollar value to be paid to the MBE/WBE will be evaluated in accordance with requirements specified in the "Supplemental MBE/WBE Standards and Requirements." The applicable value will be an amount estimated for all projected phases of service. 4. "Good faith effort" shall include the following: a. Identifying selected specific items of service which can be executed by an MBE/WBE. b. Soliciting MBE/WBE sub-consultants through advertisements in general circulation media, trade journals and minority focussed media. C. Contacting local businesses and businesses owned by minorities or women, and associations or business development centers which disseminate information to local businesses and businesses owned by minorities and/or women. This must be done in a timely manner to allow sufficient time for MBE/WBE to respond. d. Following up on initial solicitations of interest by contacting the MBE/WBE to determine with certainty whether the MBE/WBE is interested in performing specific items of service for the project. e. Attempting to enter into joint venture or partnership arrangements with MBE/WBE. f. Providing interested minority and women businesses with information about the requirements for the project. g. Providing assistance to MBE/WBE in review of the Request for Statements of Qualifications and work to be done by sub-consultants. Page 2 h. Using available directories of certified MBE/WBE and other available resources. i. Negotiating in good faith with the minority and women business enterprises, and not unjustifiably rejecting minority or women business enterprises. j. Providing interested minority and women businesses with information relative to project requirements. k. Making efforts to obtain minority and women business enterprise participation which could reasonably be expected by the County to produce a level of participation sufficient to meet the goals and requirements of the County. Supplemental MBE/WBE Standards and Requirements A. Certifying Agencies Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) must be certified by Contra Costa County or by one of the following acceptable agencies: City of Oakland Office of Public Works; the Port of Oakland; San Francisco Human Rights Commission; and San Francisco Redevelopment Agency. Each of these agencies publishes a director of their certified businesses that can be used as a reference document to identify eligible minority and women service contractors. B. Compliance Officer The Contract Compliance Officer (designated by the County Administrator) will certify eligible MBE/WBE companies. The term of certification is 12 months except when the business is new. The term for a new business is six months for the first time and twelve months thereafter. The companies which are not certified by Contra Costa County or one of the approved agencies must submit a Minority/Women Business Enterprise Certification Application as described in the Request for Statements of Qualifications. The Contract Compliance Officer will review and process the completed applications. C. Certification Eligibility Standards 1. The eligibility of business is determined by the ownership and control of the business. Contra Costa County will only accept certifications of those firms that meet the County's definition of a Minority Business Enterprise and Women Business Enterprise. (MBE/WBE). An MBE/WBE means a business enterprise which meets the criteria specified below. a. An eligible Minority Business Enterprise (MBE) is a business entity (i.e. sole proprietorship, partnership, joint venture, corporation or other business entity) at least 51% owned and whose management and daily business operations are controlled by one or more minorities who are citizens or lawful permanent residents of the United States and a member of a recognized ethnic or racial group. The eligible ethnic or racial groups are defined as follows: Page 3 BLACK: all persons having origins in any of the Black racial groups of Africa; HISPANIC: all persons having origins in Mexico, Puerto Rico, Cuba, Central America, South America, or Portugal, regardless of race; ASIAN OR PACIFIC ISLANDER: all persons having origins in any of the original peoples of Japan, China, the Indian Subcontinent, the Philippines, Vietnam, Cambodia, Laos, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Taiwan, Hawaii, or the Pacific Islands; AMERICAN INDIAN OR ALASKAN NATIVE: all persons having origins in any of the original peoples of North America (including Aleuts and Eskimos) who maintain cultural identification through tribal affiliation or community recognition: b. An eligible Women Business Enterprise (WBE) is a business entity (i.e. sole proprietorship, partnership, joint venture, corporation or other business entity) at least 51% owned and whose management and daily business operations are controlled by one or more women who are citizens or lawful permanent residents of the United States. 2. Management and the daily business operations of the business must be controlled by the eligible owner or owners. D. Appeals Certification decisions made by the Contract Compliance Officer can be appealed by the applicant. Protests must be delivered to the Contract Compliance Officer in writing, to be forwarded to the County Administrator's Office. the MBE/WBE applicant for certification with the County is allowed ten days after the receipt of the certification decision to protest. Written protests will be reviewed by the County Administrator who will render a decision. The decision of the County Administrator can be appealed to the Board of Supervisors within ten working days after the County Administrator's decision. The appeal to the Board of Supervisors must be submitted in writing to the County Administrator with ten working days following receipt of the notice denying the protest. The decision of the Board of Supervisors will be final. E. Meeting MBE/WBE Goals 1. Goals can be met by any certified MBE/WBE consultant, sub-consultant, and/or sub-service provider. Prime consultants, sub-consultants, sub-service providers and joint ventures not certified at the time of contract award will not be counted towards the MBE/WBE goals. 2. MBE/WBE goals can also be met by a certified joint venture. In the case of a joint venture, MBE/WBE participation counted toward the goal will be equal to the percentage of the total dollar value of the contract that the MBE/WBE partner is responsible for performing. F. Counting MBE/WBE Participation 1. The total dollar value of a contract with a business owned and controlled by minority women is counted toward either the minority goal or the goal for women, but not toward both. The prime consultant employing the business may choose the goal to which the contract value is applied. Y: Page 4 2. If a determination is made by the Contract Compliance Officer that the goals have not been met, the prime consultant will be required to submit a good faith effort statement. G. Good Faith Efforts A list of the efforts that should be made by the prime consultant to encourage MBE/WBE participation is included in item H of this Request. To receive credit for having made "good faith efforts," the consultant must document all actions. H. Document Good Faith Efforts If the consultant does not meet the goals for MBE/WBE participation, then the following documents indicating "good faith efforts" must be submitted as a minimum: 1. A report of all proposals received from MBE/WBE's. The report must indicate the action taken by the prime consultant in response to the submitted proposals. In cases where proposals have been rejected, the reason for rejection must be indicated. 2. Documentation of efforts to enter into agreements with MBE/WBE's for sub- consultant work or arrangements for joint venture, partnership or other nulti- entity relationships. Also included should be a statement of why agreements or arrangements were not made. 3. Proof of contact with MBE/WBE and associations or business development centers which disseminate information to MBE/WBE. 4. A copy of letters sent to groups in Item No. 3 notifying them of the prime consultant's intent to submit a proposal to the County. The letter should indicate the areas of work available for sub-consultants and other sub-service providers. 5. Description of assistance provided to MBE/WBE in review of proposal documents and work to be done by sub-consultants and other sub-service providers. 6. Description of use made by consultant of available resources such as directories of MBE/WBE. 7. Documentation of advertisements sent to. trade journals, general circulation median and minority focused media, Non-compliance by the contractor with any of the MBE/WBE requirements constitutes a breach of contract and may result in termination of the contract or other appropriate remedy for such breach. 1993-94-95 ABATEMENT CONTRACT z FOR EXTERIOR FIRE HAZARD CONTROL (Agreement) 1. SPECIAL TERMS. These special terms are incorporated below by reference. a. Parties: Fire District: Riverview Fire Protection District Contractor: b. Effective Date: C. The Work: The contractor will at its 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 Fire Chief of the Fire District, the correction and abatement of fire hazards from the properties set forth by the Fire District. d. Completion Time: The work shall be completed as set forth by the Fire District in Orders to be issued. e. Fire District's Agent: Fire Chief of the Fire District. f. Contract Price: $ (for unit price contracts, more or less, in accordance with finished quantities at unit bid prices). 2. SIGNATURE & ACKNOWLEDGMENT Fire District. By: (President, Chairman or Designated Representative) (Secretary) Contractor. By: CORPORATE SEAL (Designate official capacity in the business) By: (Designate official capacity in the business) Note to Contractor (1) Execute acknowledgement form below, and (2) if a corporation, affix Corporate Seal. State of California )ss. ACKNOWLEDGEMENT (by Corporation, County of ) Partnership, or Individual) The person(s) signing above for Contractor, known to me in individual and business capacity 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 WESTMAN COUNTY COUNSEL BY: Deputy 1 3. CONTRACT TERM. a. The term of the contract shall commence on the date the contract is executed on behalf of the Fire District and shall terminate on December 31, 1995, unless terminated earlier as provided hereinafter. b. This contract may be terminated by the Fire District, at its discretion, by said Fire District giving written notice of said termination to contractor, at the address set forth by contractor in his bid proposal, not less. than 30 days before November 1,1993, or November 1; 1991. If notice of termination is given, the contract shall be terminated on the December 31 following the notice of termination. . In the event of termination, contractor shall be entitled to payments due through the date of termination, but Fire District shall assume no other duty or liability to contractor on account of its termination of the contract. C. Unless the contract is terminated in the manner set forth in paragraph b above, the contractor shall be entitled during the term of this contract to annual adjustments in the contract price, upward or downward, to reflect changes in the "Consumer Price Index for urban wage earners and clerical workers, San Francisco-Oakland, All Items-Series A (1967=100)", published by the Bureau of Labor Statistics of the United States as follows: The Cost of Living Index published for the calendar quarter ended December 31, 1992, shall be taken as the "Base Index" for the purposes of computation. Effective March 1, 1994, the rates set forth in this contract shall be increased or decreased by not more than a percentage amount equal to the net percentage change between the Base Index and the Cost of Living Index for the calendar quarter ended December 31, 1993. If said rates are increased or decreased by the public agency as aforesaid, the cost of living index for the calendar quarter ended December 31, 1993, shall be deemed thereafter to be the Base Index until said rates are thereafter increased or decreased by the Fire District. Whenever any later Cost of Living Index for a calendar quarter ended December 31st is used by the Fire District to increase or decrease said rates, that Cost of Living Index shall be taken as and deemed to mean "the Base Index" for the purposes of the next rate computation, if any, made hereunder. Effective as of any succeeding March 1st thereafter during the term of this contract, the Fire District shall increase or decrease the rates in effect immediately prior thereto by not more than a percentage amount equal to the net percentage change between the Base Index then in effect and the Cost of Living Index for the calendar quarter ended December 31st of the year in which such action is taken. Such percentage of change shall be calculated to the nearest one tenth of 1%, and said rates shall be rounded off to the nearest one cent of increase or decrease. 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 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 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 shall complete it as specified in Section 1. 2 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 Proposals, 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 Fire District's Agent specified in Section 1. 7. PAYM NT. For his 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 (parcels and/or hours) 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 incomplete 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 the unpaid, or 5. damage to another contractor, or 6. damage to the Fire District, other than damage due to delay 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. Ten percent (10%) of each progress payment paid the contractor for work completed during each calendar year will be withheld until thirty-five (35) days after the date the "Notice of Completion and Resolution of Acceptance" is recorded at the Contra Costa County Recorder's Office. The Fire District will file the "Notice of Completion and Resolution of Acceptance" with the Contra Costa County Board of Supervisors on or before December 31st each year of the contract for work completed during that year. 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 contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final. d. The Fire District shall issue a certificate to the contractor and pay the balance of the contract price for that year after deducting all amounts withheld under this contract, provided the contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Fire District based on acts or omissions of the contractor and no liens or withhold notices have been filed against work or site, and provided there are not reasonable indications of defective or missing work or of late- recorded notices of liens or claims against contractor. 9. INSURANCE. (Labor Codes 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 3 a 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. d. Pursuant to Labor Code 1861, prior to performing any work under this contract, contractor shall sign and submit to Fire District, the certification attached hereto as Addendum No. 1. Contractor is aware ofand complies with Labor Code Sec. 3700 and the Worker's .... .. .. . ..... Compensation Law. 10. BONDS. On signing this contract, contractor shall deliver to Fire District for approval good and sufficient bonds with sureties, in amount(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the contractor at any time 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. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal, state and local laws and regulations, especially Chapter 1 or Part 7 of the California Labor Code (beginning with Sec. 1720 ET Seq., and including Secs. 1735, 1777.5 and 1777.6 forbidding discrimination) and intend that this contract complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Secs. 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract as though fully stipulated herein. 13. SUBCONTRACTORS. Public Contract Code 4100-4113 are incorporated herein. 14. WAGE RATES a. Pursuant to Labor Code Sec. 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 workman 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 eight (8) hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. C. The contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be .paid at least the wage scale established by collective bargaining agreements 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. 4 • 15. HOURS OF LABOR. Eight (8) hours of labor in one (1) calendar day constitutes a legal day's work, and no workman 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 Secs. 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Secs. 1777.5 and 1777.6 forbidding discrimination. 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, workmen, 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 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 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 obligation to fulfill this contract as prescribed; nor shall the Fire District be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS 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 are not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(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. 5 L ADDENDUM NO. I CONTRACT: CONTRACTOR: CERTIFICATION BY CONTRACTOR (LABOR CODE 1861) TO RIVERVIEW FIRE PROTECTION DISTRICT I am aware of the provision of Section 3700 of the Labor Code which requires every employer .to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provision of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I certify under the penalty of perjury that the foregoing is true and correct. Date: CONTRACTOR at , CA By (Designate official capacity in business) By (Designate offcial capacity in business)