HomeMy WebLinkAboutMINUTES - 02081994 - 1.61 46c
30ARD OF SUPERVISO.AS
FROM Allen Little, Acting Chief, o tra Costa County
\ Contra
Fire Protection District
DATE'. February 8, 1994
SUBJECT' Approval of Contract Documents for Exterior Fire
Hazard Abatement for County Fire Protection Districts
SPECIFIC REQUEST S ) OR RECCMMENDATIONISi BACKGROUND AND JUSTIFICATION
Recommendations:
1 . Approve Exterior Fire Hazard Abatement contract documents (Notice to
Contractors, Contract, Abatement Specifications, Bid Proposal and
Appendices) for the Bethel Island, Contra Costa County, East Diablo,
Moraga, Oakley, Orinda, Riverview and West County Fire Protection
Districts .
2 . Fix March 22, 1994 at 11 : 00 a.m. as the time to receive bid proposals
for the above abatement 'work and direct the Clerk of the Board of
Supervisors to publish the Notice to Contractors as specified by law.
Reasons for Recommendations/Background:
Dry grass and weeds and combustible rubbish are a seasonal and
re-occurring public nuisance and fire hazard. The Fire Districts have
been assigned the responsibility to insure the removal of such hazards .
The subject contract provides the Districts with a contractor to conduct
weed abatement and rubbish removal when the property owner fails to abate
their property as ordered.
As a result of functional integration the fire hazard abatement programs
of the above fire districts are being consolidated into one contract.
The contract requires the contractor to provide all materials, tools,
equipment, transportation, supervision, incidentals and labor as specified
for the abatement of exterior fire hazards . The contractor is required to
provide necessary insurance and bonds and to meet salary requirements as
determined by law.
The contractor will also be required to meet the County's Affirmative
Action Compliance Program.
This contract is for one-year only. Since this contract represents an
increase in the amount of abatement work due to the integration, there is
not a data base to accurately estimate the amount of work to be done. The
one-year contract will afford the Fire Districts the ability to establish
a data base to more accurately estimate the amount of work to be done
prior to obtaini-ng a multi-year contract.
The contract has been reviewed and approved by the offices of County
Counsel, Risk Management and Affirmative Action.
CONTINUED ON ATTACHMENT' _ YES SIGNATURE: I
r
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S1: p
ACTION OF BOARD ON February 8 , 1994 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: Ron Garland 254-1110 ATTESTED February 8 , 1994_
cc: County Administrator PHIL BATCHELOR. CLERK OF THE BOARD OF
Contra Costa County Fire District SUP RVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
County Counsel
BY DEPUTY
BETBEL ISLAND FIRE PROTECTION DISTRICT
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
EAST DIABLO FIRE PROTECTION DISTRICT
MORAGA FIRE PROTECTION DISTRICT
OAKLEY FIRE PROTECTION DISTRICT
ORINDA FIRE PROTECTION DISTRICT
RIVERVIEW FIRE PROTECTION DISTRICT
WEST COUNTY 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 1 : WORKERS COMPENSATION LIABILITY
APPENDIX 2 : MINORITY AND WOMEN BUSINESS
ENTERPRISE PROGRAM
APPENDIX 3 : PERFORMANCE BOND
APPENDIX 4: PAYMENT BOND
NOTICE TO CONTRACTORS
Notice is hereby given by order of the Board of Supervisors of
Contra Costa County, as the Governing Board of the Bethel Island,
Contra Costa County, East Diablo, Moraga, Oakley, Orinda, Riverview,
and West County Fire .Protection Districts (hereinafter referred to
collectively as "Contra Costa County Fire Protection District" or
"Fire District" or "District" ) , that Clerk of said Board 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 and must be accompanied by a certified or
cashier' s check or checks, or bid bond in the amount of ten percent
( 10%) of the base bid amount, made payable to the order of "Contra
Costa County Fire Protection District" executed as surety by a
corporation authorized to issue surety bonds in the State of
California. The abovementioned bid security shall be given as a
guarantee that the bidder will enter into a Contract if awarded the
work, and will be forfeited by the bidder and retained by the District
if the successful bidder refuses, neglects, or fails to enter into
said Contract or to furnish the necessary bonds after being requested
to do so by the Board of Supervisors of Contra Costa County, as
governing Board of the District. In lieu of the foregoing, the bidder
may elect to deposit securities of equivalent value with the District
in accordance with the provisions of Section 22300 of . the Public
Contract Code. Such securities, if deposited by the bidder, shall be
valued by the District, whose decision on valuation of the securities
shall be final .
Bid Proposals shall be sealed and filed with the Clerk of the
Board of Supervisors, Room 106, County Administration Building, 651
Pine Street, Martinez, California, 94553-1297, on or before
March 22, 1994 , at 11 : 00 a.m. , and will be opened in public
and at the time due in the Board of Supervisors' Chambers, Room 107,
Administration Building, Martinez, Contra Costa County, California,
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 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 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 one hundred percent of the contract price and a
faithful performance bond in an amount equal to one hundred percent 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 said Board has obtained
W.A.C. 94 - NC pl of 2
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.
By Order of the Board of Supervisors
of Contra Costa County as the
Governing Body of the Bethel Island,
Contra Costa County, East Diablo,
Moraga, Oakley, Orinda, Riverview, and
West County Fire Protection Districts
Phil Batchelor
Clerk of the Board of Supervisors and
County Administrator
By,:
DATED:
PUBLICATION DATES:
(Pub. Contract Section 20812 )
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, Contra Costa County, East Diablo, Moraga,
Oakley, Orinda, Riverview, and West County Fire Protection
Districts of Contra Costa County, hereinafter referred to
collectively as the "Contra Costa County Fire Protection District"
or "Fire District" or "District" , notifies property 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 CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT1, 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 one hundred percent (100%) 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 one hundred percent ( 100%) 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.
lAs noted previously, whenever the term "Contra Costa County Fire
Protection District" appears, it includes the Fire Protection
Districts of Bethel Island, Contra Costa County, East Diablo, Moraga,
Oakley, Orinda, Riverview and West County.
W.A.C. 94 - spec. p2 of 8
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
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 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 . Contra Costa County has a Minority Business Enterprise (MBE) and
Women Business Enterprise (WBE) Contract Compliance Program. MBE
and WBE definitions and detailed requirements are specified in
Appendix 2 of the Abatement Contract. The contractor will be
required to award at least fourteen percent (14%) of the total
W.A.C. 94 - Spec . p3 of 8
base bid amount to certified MBEs and at least six percent (6%) to
certified WBEs. Contractors who are certified MBE/WBE firms may
use the value of work performed by their own forces toward meeting
the required percentages.
12 . 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.
13 . 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.
14. 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.
15 . PHOTOGRAPHS. 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.
16. 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.
17 . 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.
W.A.C. 94 - Spec. p4 of 8
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.
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 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-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
discing, rotovating and dozing:
A. Discing: A minimum of eight (8) tractors shall be needed.
Five (5) tractors shall be of the wide track crawler type for
extremely steep areas and three (3 ) tractors shall be wheel
tractors 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.
W.A.C. 94 - Spec . p5 of 8
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 . 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 large 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 soil conditions that require more than the normal amount
of time to satisfactorily complete.
SECTION G - ABATEMENT STANDARDS
1 . 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
W.A.C. 94 - Spec. p6 of 8
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.
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 of parcels
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 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 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 settling legitimate
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
W.A.C. 94 - Spec . p7 of 8
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.
ii . For work orders issued by area, the unit price shall be
listed.
iii . 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
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
EAST DIABLO FIRE PROTECTION DISTRICT
MORAGA FIRE PROTECTION DISTRICT
OAKLEY. FIRE PROTECTION DISTRICT
ORINDA FIRE PROTECTION DISTRICT
RIVERVIEW FIRE PROTECTION DISTRICT
WEST COUNTY 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, Contra Costa County, East Diablo, Moraga, Oakley,
Orinda, Riverview and West County Fire Protection Districts
hereinafter referred to collectively as the "Contra Costa County Fire
Protection District" or "Fire District" or "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 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:
(total amount of composite bid from Page 3 of the Bid Document)
Dollars $_ _ _, _ _ _ _ _
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 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
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 one of two meetings that will be held
at the Contra Costa County Fire Protection District office at
2010 Geary Road, Pleasant Hill, on March 2, 1994 at 3 :00 p.m. ,
or on March 3, 1994 at 9: 30 a.m. Bids will not be accepted
from any company not having a representative at one of these
meetings.
W.A.C. 94 - BP p2 of 5
BID PROPOSAL
DISCING
DISCING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE
QUANTITY
0 - 11, 000 sq. ft. 25 Lots ea.
11,001 - 22 ,000 sq. ft. 25 Lots ea.
22 ,001 - 33 , 000 sq. ft. 20 Lots ea.
33 ,001 - 43 , 560 sq. ft. 15 Lots ea.
More than 1 acre thru
10 acres 160 Acres Per Acre
More than 10 acres 5 Acres Per Acre
Hourly 150 Hours Per Hour
ROTOVATING
ROTOVATING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE
QUANTITY
0 - 5, 000 sq. ft. 25 Lots ea.
5, 001 - 10, 000 sq. ft. 20 Lots ea.
10, 001 - 15, 000 sq. ft. 20 Lots ea.
15, 001 - 20,000 sq. ft. 10 Lots ea.
Hourly 50 Hours Per Hour
DOZING
DOZING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE
QUANTITY
Angle Dozer & Operator 40 Hours Per Hour
TOTAL COMPOSITE BID $
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:
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
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
TELEPHONE
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 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: 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
1994 ABATEMENT CONTRACT .
FOR EXTERIOR FIRE HAZARD CONTROL
BY DISCING, ROTOVATING AND DOZING
1 . SPECIAL TERMS: These special terms are incorporated below by
reference.
A. Parties:
Bethel Island, Contra Costa County, East Diablo, Moraga,
Oakley, Orinda, Riverview and West County Fire Protection
Districts, hereinafter collectively referred to as "Contra
Costa County Fire Protection District" or "Fire District" or
"District" ,
(Contractor)
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 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:
$ (for unit price contracts, more or
less, in accordance with finished qualities at unit bid
prices) .
W.A.C. 94 - AC pl of 6
2 . SIGNATURES AND ACKNOWLEDGEMENT:
FIRE DISTRICT: by:
(Fire Chief or Designated Representative)
(Secretary)
CONTRACTOR: hereby also acknowledging awareness of and
compliance with Labor Code Sections 1861 and 3700 concerning
Worker' s Compensation Law.
by:
(Designate 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 TERM.
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,
theseparties 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.
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 damagedue 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 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 3 and 4.
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
W.A.C. 94 - AC p4 of 6
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, - 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. The contractor will be required to award at least fourteen
percent ( 14%) of the total base bid amount to certified
Minority Business Enterprises (MBEs) and six percent (6%) of
the total base bid amount to certified Women Business
Enterprises (WBEs) . MBE/WBE program requirements are set
forth in Appendix 2 and are incorporated by reference herein.
C. 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.
D. 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.
W.A.C. 94 - AC p5 of 6
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) .
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) , 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
APPENDIX 1
CONTRACT:
CONTRACTOR:
CERTIFICATION BY CONTRACTOR (LABOR CODE SECTION 1861) TO
BETHEL ISLAND FIRE PROTECTION DISTRICT
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
EAST DIABLO FIRE PROTECTION DISTRICT
MORAGA FIRE PROTECTION DISTRICT
OAKLEY FIRE PROTECTION DISTRICT
ORINDA FIRE PROTECTION DISTRICT
RIVERVIEW FIRE PROTECTION DISTRICT
WEST COUNTY 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 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
CONTRACTOR
BY:
(Designate official capacity in business)
BY:
(Designate official capacity in business)
APPENDIX 1
APPENDIX 2
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
SECTION 1. PROGRAM
A. The Contra Costa County Board of Supervisors has adopted a program
to help develop and support Minority-owned Business Enterprises
(MBE's) and Women-owned Business Enterprises (WBE's) by providing
opportunities for participation in the performance of construction
contracts financed with County funds. An MBE or WBE means a
business enterprise which meets the criteria specified in Division
E.
B. To implement the purpose of this program, the County has
established MBE/WBE goals for this project which are specified in
the Notice to Contractors.
C. If a construction contract is to be awarded, it shall be awarded
in accordance with the requirements prescribed by the County to
the lowest responsible bidder who also does either of the.
following:
1) Meets the goals specified in Division A Notice to Contractors
and requirements set forth in this Division E.
2) Makes a "good faith effort" (See Section 5) to comply with
these goals prior to bid opening date.
D. Where contracts are financed in whole or in part with federal or
state funds and the grant, loan or other financing device contains
MBE and WBE programs; the County will, where permitted by the
grantor, meet the program requirements with the highest MBE/WBE
goals. The Contract Compliance Officer will be responsible for
monitoring the program to ensure the goals are met.
SECTION 2. MBE/WBE PROGRAM CRITERIA
A. MBE
An eligible Minority Business Enterprise (MBE) is a business
entity which is 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
management operations and control must be substantial, real, and
on-going on a regular basis. The eligible ethnic or racial groups
are defined as follows:
1) Black: All persons having origins in any of the Black
racial groups of Africa.
2) Latino(a) : All persons having origins in Mexico, Puerto Rico,
Cuba, Central America or South America, regardless
of race.
3) Asian All persons having origins in-any of the original
Pacific peoples of Japan, China, the Indian Subcontinent,
Islander: the Philippines, Vietnam, Cambodia, Laos, Korea,
Samoa, Guam, the U.S. Trust Territories of the
Pacific, Northern Marianas, Taiwan, Hawaii or the
Pacific Islands; and
American All persons having origins in any of the original
Indian peoples of North America (including Aleuts and
Alaskan Eskimos) who maintain cultural identification
Native: through tribal affiliation or community
recognition.
DIVISION E - 1
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
B. WBE
An eligible Women Business Enterprise (WBE) is a 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. The management
operations, and control must be substantial, real, and on-going on
a regular basis.
C. SIZE STANDARD
In order to receive credit against the goals an MBE/WBE must meet
the size criteria of the Small Business Administration as set
forth in Volume 13 of the Code of Federal Regulations, Chapter 1.
D. SITE VISIT
Site visits are required for all firms certified with Contra Costa
County. In those instances' where site visits cannot be made
because of geographical distance, the County reserves the right to
denying certification. Affirmative Action Office staff will visit
the business and review its operations, observe routine work hours
and will talk with the owner(s) .
SECTION 3. CERTIFICATION
A. All contractors, subcontractors, suppliers, manufacturers,
truckers or MBE/WBE members of a joint venture intended to satisfy
the MBE/WBE goals must meet the County's Program Criteria and must
be certified prior to bid opening with one of the agencies listed
below. Any firm that is listed to satisfy the MBE/WBE goals and
that does not meet the County's Program Criteria and does not hold
a current certification with one of these agencies at the time of
the bid opening will not be counted toward meeting the County's
MBE/WBE goals.
1) Contra Costa County (510) 646-4106
651 Pine Street, 10th Floor
Martinez, CA 94553
2) City of Oakland (510) 238-3970
Office of Public Works
One City Hall Plaza
Oakland, CA 94612
3) Los Angeles County Transportation Commission (213) 623-1194
818 West 7th Street, 4th Floor
Los Angeles, CA 90017
4) The Port of Oakland (510) 272-1316 or 272-1390
530 Water Street
Oakland, CA 94607
5) Regional Transit Association of the Bay Area (510) 464-7727
101 8th Street
Oakland, CA 94607
6) . San Francisco Human Rights (415) 252-2513 or 252-2514
Commission
1170 Market Street, #500
San Francisco, CA 94102
(Note: You must be listed on their certification list, not
their registry. )
DIVISION E - 2
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
7) U.S. Small Business Administration (415) 744-6429
71 Stevenson Street, 20th Floor
San Francisco CA 94105
B. Joint ventures must be approved prior to bid opening. MBE/WBE
firms in a Joint Venture must be certified prior to bid opening.
Requests for "Joint Venture Request for Certification (Schedule B
Form)" may be obtained from the Affirmative Action Office or
General Services Department.
C. Non-certified MBE/WBEs who wish to be certified by Contra Costa
County may apply for certification by submitting "Request for
Certification (Schedule A Form)", available from the County
Affirmative Action Office or General Services Department. Notice,
however, that there is not enough time to certify MBE's/WBE's for
this project. Bidders are encouraged to submit "Request for
Certification (Schedule A Form)" for use on future projects.
SECTION 4. COUNTING MBE/WBE PARTICIPATION TOWARD MEETING MBE/WBE GOALS
MBE/WBE participation shall be counted toward meeting MBE/WBE goals as
follows:
A. Once a firm is determined to be a certified MBE/WBE in accordance
with the County's Program Criteria, the total dollar value of the
subcontract awarded to the certified MBE/WBE is counted toward the
applicable MBE/WBE goals. The total dollar value to be paid to
the MBE/WBE shall be evaluated by the Contract Compliance Officer.
If the evaluation shows that the bidder has not met or made a good
faith effort to meet the contract goals for MBE/WBE participation,
the bidder is not a responsive bidder and shall be disqualified.
B. If the prime bidder is a certified MBE/WBE firm, he/she may apply
the value of work performed by their firm toward meeting the
specified goals.
C. The total dollar value of a contract with a certified minority
woman is counted toward both the minority goal and the goal for
women. This is the only situation where work can be counted toward
both goals.
D. In counting MBE/WBE participation, credit will only be given for
first tier subcontractors, suppliers, manufacturers and truckers.
E. A contractor may count toward its MBE/WBE goals only expenditures
to certified MBE/WBE's that perform a commercially useful function
in the work of a contract. A certified MBE/WBE is considered to
perform a commercially useful function when it is responsible for
execution of a distinct element of the work of a contract and
carrying out its responsibilities by actually performing,
managing, and supervising the work involved. To determine whether
a certified MBE/WBE is performing a commercially useful function,
the County shall evaluate the amount of- work subcontracted,
industry practices, and other relevant factors.
F. Consistent with normal industry practices, a certified MBE/WBE may
enter into subcontracts. If a certified MBE/WBE contractor or
subcontractor subcontracts a significantly greater portion of the
work of the contract than would be expected on the basis of normal
industry practices, the certified MBE/WBE shall be presumed not to
be performing a commercially useful function. The certified
MBE/WBE may present evidence to rebut this presumption to the
Affirmative Action Office.
DIVISION E - 3
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
G. A contractor may count toward its MBE/WBE goals expenditures for
materials and supplies obtained from certified MBE/WBE suppliers
and manufacturers, provided that the certified MBE/WBE's assume
the actual and contractual responsibility for the provision of the
materials and supplies.
1) The contractor may count its entire expenditure to a certified
MBE/WBE manufacturer (e.i. , a supplier that produces goods
from raw materials or substantially alters them before
resale) .
2.) The contractor may count 60 percent of its expenditures to
certified MBE/WBE suppliers that are not manufacturers,
provided that the certified MBE/WBE supplier performs a
commercially useful function in the supply process.
H. A contractor may count toward its MBE/WBE goals expenditures to
truckers in accordance with the following:
1) If trucking is to be performed by a certified MBE/WBE trucker
who will perform the trucking with his/her own trucks, the
contractor may count 100% of that expenditure.
2) If trucking is to be provided through a certified MBE/WBE
trucking broker the contractor may count 100% of the
expenditure to that broker provided that:
a) The broker uses the majority of certified MBE/WBE truckers
for the project who are certified with Contra Costa County
or one of the other acceptable agencies listed in Section
3.
b) The broker submits a "certified roster" of the truckers
to be used for the project. The "certified roster" from
the broker must indicate the truckers are MBE/WBE's who
are certified by Contra Costa County or one of the other
acceptable agencies listed in Section 3 and must show the
truck numbers, owners names, Public Utilities Commission
CAL-T numbers.
3) If trucking is to be provided through. a trucking broker who is
not a certified MBE/WBE, the contractor may count only 60% of
the expenditure to that broker provided that:
a) The broker uses the majority of certified MBE/WBE truckers
for the project who are certified with Contra Costa County
or one of the other agencies listed in Section 3.
b) The broker submits a "certified roster" of the truckers
to be used for the project. The "certified roster" from
the broker must indicate the truckers are MBE/WBE's who
are certified by Contra Costa County or one of the other
acceptable agencies listed in Section 3 and must show the
truck numbers, owners names, Public Utilities Commission
CAL-T numbers.
4) Credit will not be allowed for trucking brokers who do not
have a "certified roster". Rosters must be submitted within
two working days after bid opening.
I. The final MBE/WBE participation determined by the Contract
compliance Officer may be appealed by the bidder, or a third party
challenger, to the County Administrator, c/o County
Administrator's Office, 651 Pine Street, 11th Floor, Martinez, CA
94553.
DIVISION E - 4
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
SECTION 5. GOOD FAITH EFFORT REQUIREMENTS
A. A "good faith effort" shall include specific affirmative action
steps and documentation of those steps. The following list is not
exclusive or exhaustive. other factors or types of efforts may be
relevant in appropriate cases.
1) A bidder shall do all of the following:
a) Attend any pre-solicitation or pre-bid meeting scheduled
by the County for the project or, within one year
preceding the bid opening, attend one or more pre-
solicitation or pre-bid meetings scheduled by the County
for other projects. . List the date(s) of the meeting(s) ,
the persons(s) attending and the project name(s) and
number(s) .
b) Identify, list and select specific items of the project to
be performed by Minority and/or Women Business Enterprises
to provide an opportunity for participation by those
enterprises. The items identified and selected by the
bidder shall be reasonably calculated to produce a level
of MBE/WBE participation sufficient to meet the goals and
requirements of the County.
c) Not less than ten (10) calendar days prior to bid opening,
advertise in one or more daily or weekly newspapers, trade
association publications, trade journals, or other media,
such as the Daily Construction Service, the Daily Pacific
Builder or the Small Business Exchange. For each
publication, submit a copy of the advertisement showing
the date of publication and containing the following
information: bid opening date; description of entire
project; bidder's bond requirements; identification of
items to be subcontracted; architect's estimate of entire
project; calendar days in the contract; and other
pertinent information.
d) Not less than ten (10) calendar days prior to bid opening,
for each identified item of the contract, send by
certified mail or fax written notice of the bidder"s
interest in bidding on the contract to at least three (3)
certified MBE's and three (3) certified WBE's qualified to
provide the item. Include .in each notice, the following
minimum information:
1) bid opening date
2) description of entire project
3) bidder's bond requirements
. 4) identification of items to be subcontracted
5) engineer's/architect's estimate of entire project
6) calendar days in the contract
7) other pertinent information.
Submit copies of the written notices and signed return
receipts or fax machine log as a part of "good faith
effort documentation.
e) Follow up initial solicitations of interest by contacting
at least fifty percent (50%) of the certified MBE's and
WBE's that were notified to determine with certainty
whether they are interested in performing specific items
of the project. List the name and phone number of each
certified MBE or WBE contacted and the dates of initial
notice and follow up contact.
DIVISION E - 5
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
f) Provide interested MBE's and WBE's with information about
•the plans, specifications and requirements for the
selected subcontracting or material supply work. List,
for each certified MBE or WBE to which such information is
provided, the name of the firm, contact person and
telephone number.
g) At least ten (10) calendar days prior to bid opening,
request by certified mail or fax assistance from at least
one (1) of the following: minority and women community
organizations; minority and women contractor groups;
local, state or federal minority and women business
assistance offices (including the Public Works and/or
General Services Department ' and the Affirmative Action
Office) ; certifying agencies acceptable to the County; or
other organizations that provide assistance in the
recruitment and placement of Minority or Women Business
Enterprises. For each agency or organization contacted,
submit the name of the agency or organization, the contact
person, the date of contact and the response received, and
copies of the written request and signed return receipt or
fax machine log.
h) Negotiate in good faith with Minority or Women Business
Enterprises and not unjustifiably reject as unsatisfactory
bids prepared by any Minority or Women Business Enterprise
as determined by the County. List each MBE/WBE from which
a bid was received. If a bid from an MBE/WBE was not
utilized, list detailed reasons.
i) Where applicable, advise and make efforts to assist
interested Minority and Women Business Enterprises in
obtaining bonds, lines of credit or insurance required by
the County or bidder. For each firm advised or assisted,
list the name of the firm, the contact person and the date
assistance was given.
B. A bidder shall submit the following documentation of "good faith
effort" based on the engineer's/architect's estimate of the
project:
1) Projects between $50,001 and $100,000 -- submit documentation
for items b, c, d, e, g, h and i.
2) Projects over $100,000 -- submit documentation for all of the
above (items a-i) .
The Contract Compliance Officer reserves the right in appropriate
situations to require documentation of additional items listed
above.
C. In considering the bidder's documentation of "good faith effort",
the County will consider whether--the bidder's- efforts- to obtain
certified Minority and Women Business Enterprise participation
could reasonably be expected to produce a level of participation
sufficient to meet the goals and requirements of the County.
D. In evaluating whether a bidder has made a "good faith effort", the
Contract Compliance Officer shall have the right to assign such
weight as it deems appropriate, in its sole discretion, to each of
the criteria set forth in this Section. In addition, the County
specifically reserves the right, in its sole discretion, to waive
any of the time requirements set forth in this Division E and to
waive any other irregularities relating to compliance with the
County's MBE/WBE program.
DIVISION E - 6
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
E. The final MBE/WBE participation determined by the Contract Compli-
ance Officer may be appealed by the bidder, or a third party
challenger, to the County Administrator, c/o County Admin-
istrator's Office, 651 Pine Street, 11th Floor, Martinez, CA
94553.
SECTION 6. SUBMITTALS
A. BIDDER MBE/WBE INFORMATION
Bidders shall submit with their bids a completed "Bidder MBE/WBE
Information" form. listing all certified MBE/WBE contractors,
subcontractors (first tier only) , suppliers, manufacturers and
truckers to be used on this project. Such information shall be
subject to verification by the County. The information shall
include, for each listed firm, the name of the firm, certifying
agency, expiration date of certification, description of work to
be performed, type of firm (MBE, WBE or both) and dollar value of
the work to be performed. A sample of a completed "Bidder MBE/WBE
Information" form is included at the end of this Division E.
Failure to submit a "Bidder MBE/WBE Information" form with the bid
shall be grounds for finding the bid or proposal non-responsive
and the bid shall be rejected.
B. CERTIFYING LETTERS
MBE/WBE firms listed in the Bidder MBE/WBE Information form shall
submit within two working days of bid opening copies of certifying
letters from agency with which they are certified.
C. GOOD FAITH EFFORT
The three lowest bidders shall submit within two working days (no
later then 5:00 p.m. ) after bid opening documentation of Good
Faith Effort. Bidders are cautioned that even though their Bidder
MBE/WBE Information form indicates that they meet the County's
MBE/WBE goals, all bidders should document their good faith
efforts. Such documentation can protect bidder's eligibility for
award of the contract in case the County's review results in a
finding that the goals have not been met.
D. LETTER OF INTENT
MBE/WBE firms listed in the Bidder MBE/WBE Information form shall
submit, within two working days after bid opening, a completed
form, "Letter of Intent to Perform as an MBE/WBE Subcontractor/
Supplier/Manufactures/Trucker" (a.copy of the form is included at
the end of this Division E) . Use of the form will verify the
subcontract amount each certified MBE/WBE subcontractor, supplier,
manufacturer or trucker intends to perform for the prime bidder.
The form shall be signed by the certified MBE/WBE subcontractor,
supplier, -manufacturer or trucker identifying the item(s) of work
to be performed and the actual dollar value to be received. No
contract will be awarded without completed Letters of Intent. The
Prime Contractor must explain in writing any differences between
the dollar amounts shown on the Bidder MBE/WBE Information form
and the dollar amounts show on the Letter of Intent forms.
E. SUBCONTRACTS
The Contractor shall .submit copies of fully executed subcontracts
or purchase agreements with each eligible certified MBE/WBE listed
on the "Bidder MBE/WBE Information" form to the General Services
Department after the award of contract and no later than seven
calendar days prior to work by each listed MBE/WBE subcontractor,
supplier, manufacturer or trucker. Any amendments to these
DIVISION E - 7
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
subcontracts shall be submitted to the General Services Department
within five days of execution. Non-compliance may be cause for
the Public Agency to stop the work. In no case, will the County
make any payment for work done by an MBE/WBE subcontractor,
supplier, manufacturer, or trucker without prior submittal of a
fully executed contract or purchase agreement covering this work.
Delays caused by failure to meet this requirement shall not be
considered a valid basis for extension of time for the purpose of
calculating liquidated damages.
F. VERIFICATION OF PERFORMANCE
Upon completion of work, the Contractor shall submit a completed
"Verification of Performance as an MBE/WBE Subcontractor/Supplier/
Manufacturer/Trucker" form for each. certified MBE/WBE listed on
the "MBE/WBE Bidder Information" form that was submitted with the
proposal. The form shall be signed by the certified MBE/WBE
identifying the item(s) of work performed and the actual dollar
amount received. A copy of this form is included at the end of
Division E. Final payment for work done will not be made to the
Contractor until all MBE WBE Verification of Performance forms are
received. The Prime Contractor must explain in writing any total
dollar amounts paid to subcontractors, suppliers, manufacturers or
truckers that are less than the dollar amounts shown on the
respective Letter of Intent.
SECTION 7. RECORDS
The Contractor shall maintain records, including canceled checks, of
all invoices paid to certified MBE/WBE firms for a period of three
years from date of completion of the contract. Such records shall
show the name and address of each certified MBE/WBE subcontractor,
supplier, manufacturer', trucker and joint venture .partner and the
total dollar amount paid to each firm. These records shall be made
available to the County Contract Compliance Officer when requested.
SECTION S. ON-SITE VERIFICATION
The Contract Compliance Officer, or his/her designee, shall have the
right to visit the job site, unannounced, to monitor certified MBE/WBE
utilization.
SECTION 9. SUBSTITUTION OF SUBCONTRACTORS
A. No substitution of a certified MBE/WBE subcontractor, supplier,
manufacturer or trucker shall be made at any time without the
written consent of the Contract Compliance Officer. If a
certified MBE/WBE subcontractor, supplier, manufacturer or trucker
is unable to perform successfully and is to be replaced, the
Contractor will be required to make "good faith efforts" to
replace the original certified MBE/WBE with another certified
MBE/WBE subcontractor, supplier, manufacturer or trucker. MBE/WBE
substitutes after the award of the contract must be certified by
Contra Costa County or one of the other acceptable agencies listed
in Section 3 in order to be substituted.
B. Authorization to use other subcontractors or sources of materials
(i.e. substitute MBE/WBE subcontractors, manufacturers, suppliers
or truckers) may be requested for the following reasons:
1) The listed certified MBE/WBE subcontractors, manufacturers,
supplier or truckers, after having had a reasonable
opportunity to do so, fails or refuses to execute a written
contract, when such written contract, based upon the general
terms, conditions, plans and specifications for the project,
or on the terms of such subcontractor's or supplier' s written
bid, is presented by the Contractor.
DIVISION E - 8
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
2) The listed certified MBE/WBE subcontractor, supplier,
manufacturer or trucker becomes bankrupt or insolvent.
3) The listed certified MBE/WBE subcontractor, supplier,
manufacturer or trucker fails or refuses to meet the
conditions of the subcontract or furnish the listed materials.
4) The listed certified MBE/WBE .subcontractor fails or refuses to
meet the bond requirements the Contractor specified before bid
due date.
5) The work performed by the listed certified MBE/WBE
subcontractor, supplier, manufacturer or truckers is
unsatisfactory and is not in conformance with the plans and
specifications, or the subcontractor is delaying or disrupting
the progress of the. work.
6) It would be in the best interest of the County.
C. The Contractor shall not be entitled to any payment for work or
material unless it is performed or supplied by the listed
certified MBE/WBE or by other forces (including those of the
Contractor) pursuant to prior written authorization of the County.
SECTION 10. AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall pay special attention to Division F General
Conditions, Section 36 Equal Employment Opportunity and Labor Code
Section 1735 and these special provisions.
A. EMPLOYMENT GOALS
1) On projects of $1,000,000 or more it shall be the goal of each
contractor and subcontractor to ensure that the overall
minority composition of all persons employed specifically for
the purpose of completing this contract shall reflect the
overall minority composition of the labor force of Contra
Costa County (25.7%) and 6.9% of the labor force for women
employed specifically for the purpose of completing this
contract. This requirement does not apply to current
employees used on this contract.
2) The contractor shall make a maximum effort to achieve this
employment goal within each . trade by ensuring that the
percentage of total hours worked within each trade by persons
who are members of minority groups and women are in proportion
to the overall minority composition of the Contra Costa County
labor force population.
3) The goals shall apply to the contractor and. all subcontractors
regardless of how they are selected.
B. SPECIFIC AFFIRMATIVE ACTION STEPS
1) No contractor or subcontractor shall be found to be in
noncompliance solely on account of its failure to meet its
goals. The Contractor and subcontractor shall be given the
opportunity to demonstrate that they have instituted these
Specific Affirmative Action. Steps and have made every "good
faith effort" to make these steps work toward the attainment
of the above employment goals. The contractor shall inform
its subcontractors of their respective obligations under the
terms and requirements of these special provisions.
2) The Contractor's and subcontractors' Affirmative Action
Program must include specific affirmative action steps to
increase minority and women utilization. Any contractor who
DIVISION E - 9
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
fails to meet the employment goals outlined in Paragraph A
"Employment Goals", above, must demonstrate to the
satisfaction of the Contract Compliance Officer that a "good
faith effort" was made to meet these goals. This effort must
be at least as extensive and specific as the following:
a) The Contractor shall notify the union (hiring hall) in
writing that the employment goal of this project is not
being met, and the Contractor shall solicit the union's
assistance in meeting the specified goals.
b) The Contractor shall make specific and continuing personal
recruitment efforts, both written and oral, directed at
minority, female and community organizations, schools with
minority and female students, minority and female
recruitment organizations, and minority and female
training organizations within the greater San Francisco
Bay Area.
c) The Contractor shall notify the Contract Compliance
Officer whenever the union or unions with whom the
Contractor has a collective bargaining agreement have not
referred to the Contractor a minority person or female in
response to a request sent by the Contractor to the union
or whenever the Contractor has other information that the
union referral process has impeded the Contractor's
efforts to meet the specified employment goals.
d) The Contractor shall actively participate as an individual
or through an association in joint apprenticeship
programs, and the Contractor shall, where reasonable,
develop on-the-job training opportunities and programs
which expressly include minorities and females.
e) The Contractor shall solicit and sponsor members of
minority groups and females for pre-apprenticeship
training.
f) The Contractor shall. demonstrate an effort to cooperate
with the unions with which the Contractor has agreements
in the development of programs to assure qualified members
or minority groups and females of equal opportunity in
employment in the construction trades.
g) The Contractor shall maintain a file of the names,
addresses and telephone numbers of minority and female
workers referred to said Contractor, what actions were
taken with respect to each referred worker, and if the
worker was not employed, the reasons why. For each such
worker not employed by the Contractor, the Contractor's
file shall document the reasons.
h) The Contractor shall establish and maintain a current list
of minority and female recruitment - sources, and shall
notify community organizations that the Contractor has
employment opportunities available, and shall maintain the
records of organizations' responses. The Contractor shall
make a specific effort to encourage its current employees
to recruit any qualified minority and female workers.
DIVISION E - 10
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
i) The Contractor shall disseminate an Equal Employment
Opportunity (EEO) policy within the Contractor's own
organization by including it in any policy manual and
collective bargaining agreement; by publicizing it in
company newspapers and annual reports; by conducting staff
and employee representative meetings to explain and
discuss policy; by posting of the policy; and by specific
review of the policy with minority and female employees.
j ) The Contractor shall disseminate an EEO policy externally
by providing notice of the policy to the unions and
training programs and requesting their cooperation in
assisting the Contractor in meeting EEO obligations; by
informing and discussing it with all recruitment sources;
by advertising in the news media, specifically including
minority and female news media; by notifying and
discussing it with all subcontractors and suppliers.
k) The Contractor shall ensure that all facilities and
company activities are nonsegregated. If necessary,
changing facilities shall be provided to assure privacy
between the sexes.
1) The Contractor shall conduct, at least annually, an
inventory and evaluation of all minority and female
personnel for promotional opportunities and encourage such
employees to seek or to prepare for, through appropriate
training, etc. , such opportunities.
m) The Contractor shall review, at least annually, the
company's EEO policy.
Upon request by the Contract Compliance Officer, the Contractor shall
provide copies of documentation that a "good faith effort" was made.
C. REPORTING REQUIREMENTS
The provisions in Division F General Conditions, Section 36 Equal
Employment Opportunity and Labor Code Section 1735 are amended as
follows:
Each employee shall be identified as to minority
or non-minority status and as to gender status on
a form acceptable to the Contract Compliance
Officer. Forms shall be submitted weekly to the
Contract Compliance Officer. When payroll records
are required, this information may be included on
certified payroll records using California
Department of Industrial Relations Public Works
Payroll Reporting Form A-1-131.
D. ENFORCEMENT
The Contract Compliance Office will review Contractor's and
subcontractor's "project" employment practices during the performance
of the work.
1) Determination of Noncompliance: If the Contract Compliance
Officer determines that there is an apparent violation of any
substantial requirements of these "Affirmative Action and Equal
Employment Opportunity" special provisions, Division F General
Conditions, Section 36 Equal Employment Opportunity or Labor Code
Section 1735 by the Contractor or one of its subcontractors, the
Contract Compliance Officer will hold a meeting with the
Contractor, and its subcontractor (if applicable) , for the purpose
of determining whether the Contractor is indeed out of compliance.
DIVISION E - 11
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
If after the meeting the Contract Compliance Officer finds the
Contractor out of compliance, the Contractor will be notified of
its appeal rights to the County Administrator. In the event that
the Contractor disagrees with the County Administrator's
determination, the Contractor may appeal, in writing, to the Board
of Supervisors. If the Board of Supervisors concurs that there
has been a violation, the Contract Compliance Officer will notify
the Contractor in writing of the sanctions to be imposed.
In addition, the Contra Costa County Board of Supervisors will
deem a finding of willful violation of the California Fair
Employment Act by the Fair Employment Practices Commission to be a
violation by the Contractor of the nondiscrimination requirements
of this project, and such violation shall be subject to the
sanctions provided herein. The same shall apply to violations of
the Equal Employment Opportunity Commission regulation and other
state and federal compliance agencies. Any sanctions imposed by
the County for such violations shall be in addition to any
sanctions or penalties imposed by the regulatory agencies or
commissions.
2. Sanctions: A finding at the public hearing that there has been a
violation of the Affirmative Action and Equal Employment
opportunity requirements of this project shall be cause for the
Board of Supervisors to impose any or all of the following
sanctions:
a) Withhold an additional (10%) of all further contract progress
payments until the Contractor provides evidence satisfactory
to the Board of Supervisors that the condition of
noncompliance has been corrected.
b) Suspend the contract until such time as the Contractor
provides evidence satisfactory to the Board of Supervisors
that the condition of noncompliance has been corrected. All
expenses, including liquidated damages shall be paid by the
Contractor for any resultant delays.
c) Cancel the contract and collect appropriate damages from the
Contractor.
d) Declaration that the Contractor is non-responsible and is
ineligible to make bids on future County contracts until the
Contractor can demonstrate to the satisfaction of the Board of
Supervisors that the violation has been corrected.
SECTION 11. FORMS
Forms referred to in the foregoing sections are included at the end of
this Division E for the convenience of bidders and/or the Contractor
and include the following:
A. BIDDER MBE/WBE INFORMATION
The "Bidder MBE/WBE Information" form, which must be submitted
with the bid, is attached and is an example of how it should be
completed.
B. "GOOD FAITH EFFORT" FORMAT
A copy of the format for "good faith effort" documentation is
attached.
DIVISION E - 12
DIVISION E. MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM
C. LETTER OF INTENT
A copy of the form "Letter of Intent to Perform as an MBE/WBE
Subcontractor/Supplier/Manufacturer/Trucker" is attached. See
Section 6 for submittal requirement.
D. VERIFICATION OF PERFORMANCE
A copy of the form "Verification of Performance as an MBE/WBE
Subcontractor/Supplier/Manufacturer/Trucker" is attached. See
Section 6 for submittal requirements.
DIVISION.E1
GB:ls
12-29-93
DIVISION E - 13
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Office of the County Administrator
Contra Costa County .
Affi-r native Action Office
651 Pine Street, MA=,ti*+ez, CA 94553
(510) 646-4106
February 16, 1993
TO: Bidders
FROM: Emma Ruevor
Contract Compliance Officer
SUBJECT: "Good Faith Effort" Document
The following format is presented to assist you is documenting your
"good faith effort" . Be specific and answer each. step co=letely.
If you have any questions, don't hesitate to call the Affirmative
Action Office at. (510) 646-4106.
ER: fch
a:.t�moc
DIVISION E - 16
"GOOD FAITH EFFORT" DOCUMENTATION GUIDELINES
A "good faith effort" shall include specific affirmative action
steps and documentation of those steps . The following list is not
exclusive or exhaustive. Other factors or types of efforts may be
relevant in appropriate cases .
A bidder should do all of the following:
a. Attend any pre-solicitation or pre-bid meeting scheduled
by the County for the Project or, within one year
preceding the bid opening, attend one or more presolici-
tation or pre-bid meeting scheduled by the county for
other projects . List the date(s ) of the meeting( s ) , the
person(s) attending and the project name( s ) and
number(s ) .
Name Date Project
b. Identify, list and select specific items of the project
to * be performed by Minority and/or Women Business
Enterprises to provide an opportunity for participation
by those enterprises .
Specific Items for Subcontracting
C . Not less than ten ( 10) calendar days prior to bid
opening, advertise in one or more daily or weekly
newspapers , trade .-- association publications , trade-
journals , or other media, such as the Daily Construction
Service, the Daily Pacific Builder or the Small Business
Exchange. For each publication, submit a copy of the
advertisement showing the date of publication.
d. Not less than ten ( 10) calendar days prior to bid
opening, for each identified item of the contract, send
by certified mail , or by facsimile, written notice of the
bidder' s interest in bidding on the contract to at least
-1-
DIVISION E - 17
three ( 3 ) certified MBEs and three ( 3 ) certified WBEs
qualified to provide the item. Include in each notice,
the following minimum information:
1 . bid opening date
2 . description of entire project
3 . bidder' s bond requirements
4 . identification of items to be subcontracted
5 . engineer' s/architect' s estimate of entire project
6 . working days in the contract
7 . other pertinent information
Submit copies of the written notices and signed return
receipts , or copies of the faxed notices and fax log, as
a part of "good faith effort" documentation.
e. Follow up initial solicitations of interest by contacting
at least fifty percent (50%) of the certified MBEs and
WBEs that were notified to determine with certainty
whether they are interested in performing specific items
of the project. List the name and phone number of each
certified MBE or WBE contacted and the dates of initial
notice and follow up contact.
MBE Follow
or Date Up Phone
Name WBE Contacted Date Number
f . Provide interested MBEs and WBEs with information about
the plans , specifications and requirements for the
selected subcontracting or material supply work. List,
for each certified MBE or WBE to which such information
is provided, the name of the firm, contact person and
telephone number.
Telephone Information
Name Firm Number Provided
g. At least ten ( 10 ) calendar days prior to bid opening,
request by certified mail , or by fax, assistance from at
least one ( 1) of the following: minority and women
-2-
DIVISION E - 18
community organizations; minority and women contractor
groups ; local, state or federal minority and women
business assistance offices ( including the Public Works
and/or General Services Department and the Affirmative
Action Office) ; certifying agencies acceptable to the
County; or other organizations that provide assistance in
-the recruitment and placement of Minority or Women
Business Enterprises . For each agency or organization
contacted, list the name of the agency or organization,
the contact person, the date of contact and the response
received, and a copy of the written notice or copies of
the faxed notices and fax log.
Agency/
Organization
Contacted Person Date Response
h. Negotiate in good faith with Minority or Women Business
Enterprises and not unjustifiably reject as
unsatisfactory bids prepared by any Minority or Women
Business Enterprise as determined by the County. List
each MBE/WBE from which a bid was received. If a bid
from an MBE/WBE was not utilized, list detailed reasons .
MBE Bid Awarded
Bid or Dollar Reason(s ) Not To
Received WBE Amount Utilized (Firm Name)
i . Where applicable, advise and make efforts to assist
interested Minority and Women Business Enterprises in
obtaining bonds , lines of credit or insurance required by
the County or bidder. For each firm advised or assisted,
list the name of the firm, the contact person and the
date assistance was given.
-3-
DIVISION E - 19
Name
of Contact Assistance
Firm. Person Date Given
r
A bidder should submit the following documentation of "good faith
effort" based on the engineer' s/architect' s estimate of the
project:
1 . Project between $50 , 001 and $100, 000 -- submit
documentation for items b, c, d, e, g, h and i .
2 . Projects over $100 , 000 -.- submit documentation
for all of the above (items a-i) .
The Contract Compliance Officer reserves the right in appropriate
situations to require documentation of additional items listed
above .
In considering the bidder' s documentation of "good faith effort" ,
the County will .consider whether the bidder' s efforts to obtain
certified Minority and Women Business Enterprise participation
could reasonably be expected to produce a level of participation
sufficient to meet the goals and requirements of the County.
Bidders are cautioned that, even though their submittal indicates
that they meet the MBE/WE goals , the lowest three ( 3 ) bidders
should document their "good faith effort and, within two ( 2 )
working days after bid opening, will submit this information to
either the Public Works Department, Construction Division or the
General Services Department, Architectural Division to protect
eligibility for award of the contract in the event the County' s
review results in a finding that the goals have not been met.
EK; fch
A:\PUBGEN.GDF
REV 9/10/93
-4-
DIVISION E - 20
Contra Costa County
MBS/WBE CONTRACT COMPLIANCE PROGRAM
Affirmative Action Office
651 Pine Street, Martinez, CA 94553
510/646-4106; FAX 510/646-4098
LETTER OF INTENT
TO PERFORM AS AN MBE/WBE
SUBCONTRACTOR/SUPPLIER/MANIIFACTQRER/TRUCRER PROVIDER
1.
Name of Prime Contractor
2.
Name of Project
3.
Project Number
4_ The undersigned will perform work in connection with the above project as (check one) :
sole proprietorship corporation
partnership joint venture
Please attach your MBE/WBE certification letter or certificate if available.
5. Check one of the following:
MBE Subcontractor WBE Subcontractor
MBE Supplier WBE Supplier
MBE Manufacturer WBE Manufacturer
MBE Trucker WBE Trucker
MBE Other WBE Other
. Describe Describe
6_. The undersigned will perform the following described work in connection with the above
project (specify in detail the particular work items or parts to be performed:
7. Total Bid to Prime .Contractor: $
8.
Signature Position Title Date
9_
Name of Person. Completing This Form
10_
MBE WBE Company Name Phone Number- - -
FA% Number
A:\CCP1-3.CHT
(4/5/93)
DIVISION E - 21
Contra Costa County
MBE/WBE CONTRACT COMPLIANCE PROGRAM
Affirmative Action Office
651 Pine Street, Martinez, CA 94553
510/646-4106; FAX 510/646-4098
VERIFICATION OF PERFORMANCE
AS AN MBE/WBE
. SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCRER
1.
Name of Prime Contractor
2.
Name of Project
3.
Project Number
4. The undersigned performed work in connection with the above project as (check one) :
sole proprietorship corporation
partnership joint venture
5. Check one of the following:
MBB Subcontractor WBE Subcontractor
MBE Supplier WBE Supplier
MBE Manufacturer WBE Manufacturer
MBE Trucker WBE Trucker
Other Other
Describe Describe
6. The undersigned has performed the following described work in connection with the above
project (specify in detail the particular work items or parts that were performed) :
7. Total Bid to Prime Contractor (Refer to line #7 on the "Letter of Intent" Form) :
8. Total Amount Received: $
9. Explain any difference between lines #7 and #8 by attaching a written explanation.
10
Signature Position Title Date
11.
Name of Person Completing This Form
12. ( )
MBE WBE Company Name Phone Number
FAX Number
A:\CCP1-3.CST
4/5/93
DIVISION E-22
APPENDIX 3
PERFORMANCE BOND
Bond No.
Premium
Any claim under this Bond should
be sent to the following address :
KNOW ALL MEN BY THE PRESENTS:
That we, ,
as Principal, and
a corporation organized and
existing under the laws of the State of and authorized to
transact surety business in the State of California, as Surety, are held
and firmly bound unto CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, as
Obligee, in the sum of Dollars ($) 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 with the Obligee
to do and perform the following work, to-wit:
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 costs,
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 day of , 19
(SEAL). (SEAL)
(Principal) (Surety)
By:
.(Signature) (Signature)
(SEAL AND ACKNOWLEDGEMENT OF NOTARY)
APPENDIX 4
PAYMENT BOND
Bond No.
Premium
Any claim under this Bond should
be sent to the following address :
KNOW ALL MEN BY THE PRESENTS:
That we, ,
as Principal, and
a corporation organized and
existing under the laws of the State of and authorized to
transact surety business in the State of California, as Surety, are held
and firmly bound unto CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, as
Obligee, in the sum of Dollars ($) 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 with the Obligee
to do and perform the following work, to-wit:
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 day of , 19
(SEAL) (SEAL)
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAL AND ACKNOWLEDGEMENT OF NOTARY)