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HomeMy WebLinkAboutMINUTES - 05101994 - 1.57 BOARD OF SUPERVISORSIr FROM: Allen Little, Fire Chief ''., Riverview Fire Protection District �-- ' � \ t DATE; May 10, 1994 9•wi� ♦ 'C SUBJECT; Award of 1994 Weed Abatement Contracts for Bethel °`'ate" COOLM s/ Island, East Diablo, Moraga, Oakley, Orinda, Riverview and West County Fire Protection Districts SPECIFIC REOUEST)S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1 . Authorize Chair, Board of Supervisors, to execute a contract with Randy Bodhaine for the abatement of weeds and other exterior fire hazards by discing, rotovating and dozing within the Moraga, Orinda and West County Fire Protection Districts . 2 . Authorize Chair, Board of Supervisors, to execute a contract with Randy Bodhaine for the abatement of weeds, rubbish and other exterior fire hazards by mowing, rubbish and tree removal within the Moraga, Orinda and West County Fire Protection Districts . 3 . Authorize Chair, Board of Supervisors, to execute a contract with H & N Enterprises for the abatement of weeds and other exterior fire hazards by discing, rotovating and dozing within the Bethel Island, East Diablo, Oakley and Riverview Fire Protection Districts . 4 . Authorize Chair, Board of Supervisors to execute a contract with H & N Enterprises for the abatement of weeds, rubbish and other exterior fire hazards by mowing, rubbish and tree removal within the Bethel Island, East Diablo, Oakley and Riverview Fire Protection Districts . REASONS FOR RECOMMENDATION/BACKGROUND: Weed abatement contracts for exterior fire hazard control within the Bethel Island, East Diablo,..-Oakley, Riverview and West County Fire Protection Districts expired cin December 31, 1993 . The Moraga and Orinda Fire Protection Distri is did not previously have such contracts . Contra Costa County Fire Protection District, hereinafter referred to as "Fire Districts" , at the request. and on behalf of these Fire Districts, facilitated the bidding process . As a result of functional integration, the we-e-d ent contracts for each of the Board-governed fire districts were consolidated. Contracts were prepared which were let out for bid by the Board of Supervisors on February 8, 1994 . Only one bid was received which was CONTINUED ON ATTACHMENT; _&_ YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR APPROVE OTHER RECOMMENDATION OF BOARD COMMITTEE SIGNATURE S : ACTION OF BOARD ON MAY 11 - APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS i HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES' SES• AND ENTERED ON THE MINUTES OF THE BOARD ABRSESE NT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Michael W- Argo, 930-5503 ATTESTED MAY 10 1994 cc: County Administrator Auditor-Controller PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Risk Management Fire District Contractor (Via Fire District) BY ,DEPUTY .C/ M382 Surety (Via Fire District) - continued - rejected by the Board on April 19, 1994 because the bid prices submitted were determined to be excessive and would have caused an undue burden on the citizens of Contra Costa County. The Fire District contacted contractors to determine the reasons they did not bid on the contracts . As a result of these discussions with potential contractors and after meeting with the County Administrator' s Office and County Counsel, modified contracts were drafted dividing the area covered into regions . The Fire District bid these contracts in accordance with the provisions of Contra Costa County Ordinance 94/31 thru 94/41 . The following bids were received: Discing, rotovating and dozing within the Moraga, Orinda and West County Fire Protection Districts . Bidder Total Amount Bond Amounts Randy Bodhaine $ 19, 050 . 00 Labor & Mats . $9 ,525 . 00 Faith Perf . $9 ,525 . 00 H & N Enterprises $ 43, 615 . 00 R. L. Davis Construction $278,700 . 00 Mowing, rubbish and tree removal within the Moraga, Orinda and West County Fire Protection Districts . Bidder Total Amount Bond Amounts Envirotech* $ 45,625 . 00 Randy Bodhaine $120, 062 . 50 Labor & Mats . $60, 031 . 25 Faith Perf . $60,031 .25 H & N Enterprises $200,555 . 00 Discing, rotovating and dozing within the Bethel Island, East Diablo, Oakley and Riverview Fire Protection Districts . Bidder Total Amount Bond Amounts H & N Enterprises $ 26, 385 . 00 Labor & Mats . $13, 192 .50 Faith Perf. $13, 192 . 50 Randy Bodhaine $ 26, 890 . 00 R. L. Davis Construction $268, 100 . 00 Mowing, rubbish and tree removal within the Bethel Island, East Diablo, Oakley and Riverview Fire Protection Districts . Bidder Total Amount Bond Amounts Envirotech* $ 31,550 . 00 H & N Enterprises $ 50,295 . 00 Labor & Mats . $25, 147 .50 Faith Perf . $25, 147 . 50 Randy Bodhaine $ 62 ,090 . 00 * Because the Envirotech bids were unrealistically low, the Fire District met with Envirotech to verify the bidder' s ability and commitment to perform the required work at the quoted prices . After further consideration, Envirotech decided to withdraw both of its bids . - continued - Upon approval by the Board, the Fire District will prepare contract documents with terms expiring on December 31, 1994 for the furnishing of all equipment, materials and labor for the subject work by the lowest responsible bidders at the prices submitted in the bids . The contractors will be required to present two good and sufficient surety bonds as indicated above. After the contractors have signed the contracts and returned them, together with the bonds as noted above and any required certificates of insurance or other required documents, and the Fire District staff has determined that the documents are sufficient, the Fire District will present the contracts to the Chair, Board of Supervisors, for signature. MORAGA FIRE PROTECTION DISTRICT ORINDA 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 : PERFORMANCE BOND APPENDIX 3 : PAYMENT BOND NOTICE TO CONTRACTORS Notice is hereby giver► by the Moraga, Orinda, and West County Fire Protection Districts of Contra Costa County (hereinafter referred to as "Fire District" or "District" ) , that the Fire District will receive bids for the abating of exterior fire hazards by discing, rotovating and dozing within the above Fire Protection District boundaries for 1994 . Each bid is to be in accordance with the Abatement Specifications relating thereto which are on file at the Contra Costa County Fire Protection District office, 2010 Geary Road, Pleasant Hill, California 94523-4694 . The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above- mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office. Bid Proposals shall be sealed and filed with the Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill, CA, 94523, on or before May 2 , 1994 , at 11 : 00 a.m. , and will be opened at Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill, at the time due and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one ( 1) bid for this contract will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control Program for review. The Administrator of the Exterior Hazard Control Program is the Fire Chief of the Riverview Fire Protection District, hereinafter referred to as the Fire Chief . The Fire Chief will recommend to the Board of Supervisors of Contra Costa County, as the governing board of the Fire District, the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form of contract. The right is reserved to reject any and all proposals . The successful bidder will be required to furnish a payment bond in an amount equal to fifty percent (50% ) of the contract price and a faithful performance bond in an amount equal to fifty percent ( 50%) of the contract price, said bonds to be secured from a surety company authorized to do business in the State of California. Bidders are hereby notified that pursuant to Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained from the Director of the Department of Industrial Relations of the State of California the general prevailing rate of per them 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 them wages is on file with the Clerk of the Board of Supervisors, and incorporated herein by reference thereto, the same as if set forth in full herein. For any classification not included in the list, the minimum wage shall be the general prevailing rate for Contra Costa County. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. W.A.C. 94 - NC pl of 2 T By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Moraga, Orinda and West County Fire Protection Districts . By: Allen Little, Acting Fire Chief Publication Dates : (Pub. Contract Section 20812) Contra Costa Times : 04/20/94 & 04/25/94 Daily Ledger: 04/20/94 & 04/25/94 San Ramon Valley Times : 04/20/94 & 04/25/94 West County Times : 04/21/94 & 04/26/94 W.A.C. 94 NC P2 of 2 SPECIFICATIONS FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING This Specifications document is intended to cooperate with the Notice to Contractors, Contract, Bid Proposal , and orders as discussed herein, so that anything exhibited in the Notice to Contractors, Contract, Bid Proposal, and Orders not mentioned in the Abatement Specifications is to be considered as if exhibited, mentioned and set forth herein. SECTION A - DESCRIPTION OF PROJECT 1 . The Moraga, orinda, and West County Fire Protection Districts of Contra Costa County, hereinafter referred to as the "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 MORAGA, ORINDA, AND WEST COUNTY FIRE PROTECTION DISTRICTS, ITS OFFICERS AND EMPLOYEES, AS NAMED INSUREDS AND PROVIDE FOR AT LEAST THIRTY (30) DAYS WRITTEN NOTICE OF POLICY LAPSE OR CANCELLATION TO THE DISTRICT. Said public liability and property damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract in the amounts of not less than the following: ( 1) Limit of liability for injury or accidental death: one person. . . . . . . . . . . . . . . . . . . . . $1, 000, 000 one accident. . . . . . . . . . . . . . . . . . . $1, 000,000 ( 2 ) Limit of liability for property damage: one accident. . . . . . . . . . . . . . . . . . . $1,000,000 If the contractor fails to maintain such insurance, the Fire District will terminate this contract and deduct and retain a sufficient amount of money from any sums due the contractor under the contract to cover any damages which the Fire District may be liable to pay as a result of any uninsured operations by the contractor thereunder. Nothing herein contained shall be construed as limiting in any way the extent to which the contractor may be held responsible for payment of damages to persons or property resulting from the contractor' s operations or the operations of any subcontractor under him/her. 2 . Contract Bonds . The contractor shall, at the time of signing the contract, furnish two good and sufficient surety bonds of a surety company or companies authorized to do business in the State of California and satisfactory to the Fire District, covering the entire 1-year term of the contract, as follows : a bond in an amount equal to fifty percent (50%) of the total bid for one year ' s work for the payment of just claims for materials, labor and subcontractors employed by him/her thereon, and a bond in an amount equal to fifty percent ( 50%) of the full amount of the total bid for one year' s work as surety for the faithful performance of the contract. 3 . The contractor shall comply with all local, State and Federal regulations applicable to labor; wage rates, hours of work, apprentices , aliens, subcontractors, and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per them wages is on file with the Clerk of the Board of Supervisors , and is incorporated herein by reference thereto, the same as if set forth in full herein. SECTION C - CONTRACTOR RESPONSIBILITIES 1 . The contractor shall furnish all equipment, material, supplies and labor when and where ordered, and pay all fees necessary to complete the work to the satisfaction of the Fire District. 2 . The contractor shall provide direct supervision of his/her employees and shall be responsible for correctly locating and abating all parcels designated for abatement. 3 . The contractor shall complete all work as described on work orders in a timely and professional manner to the satisfaction of the W.A.C. 94 - Spec. p2 of 8 Fire District. Abatement work orders issued to the contractor shall be completed within fourteen ( 14 ) calendar days from the date of issuance. The contractor shall return the work orders no later than fourteen ( 14 ) calendar days after the work is completed. 4 . There shall be at least one contractor' s representative (e.g. the owner, a supervisor or employee) who is fluent in English on the job site at all times to answer expressed concerns of involved landowners or residents and to address any on-site District staff concerns . 5 . The contractor shall, to the best of his/her ability, insure his/her employees are polite to the public at all times . 6 . The contractor shall not abate parcels where work orders have been issued, when the following conditions are found to be present: A. Any property that shows signs that abatement has been started, unless otherwise directed by the Fire District; B. Growing cropland or other cultivated vegetation, unless existence of crops or cultivated vegetation is noted on work order; C. If permission to enter upon any property is denied, or the workers are ordered off the property; or D. The actual work to be done exceeds 1500 of the abatement specified in the work order. In such cases , all workers and equipment are to be removed and the Fire District notified as soon as possible. 7 . Where the contractor is unable to complete the work as ordered, the contractor shall inform the Fire District in writing within 48 hours stating why such work was not or cannot be completed as ordered. 8 . The contractor shall maintain an office and adequate office staff within 100 miles of the Fire District' s office to facilitate necessary communication. The contractor and office staff must be available for contact by the Fire District during the normal work day ( 8am to 5pm) . The contractor shall maintain records and reports relating to the contract work, which shall be available for inspection by the Fire District. 9 . The Fire Chief shall be informed at all times as to the amount of equipment the contractor has operating in the District at any time during this contract. When the contractor has less than the total number of equipment in operation required by this contract, the Fire Chief may order the contractor to place more equipment into operation. Upon notification by the Fire Chief , the contractor will have forty-eight (48) hours to put the additional equipment into operation. 10 . In accordance with Section 13 of the Abatement Contract, the contractor shall conform to the requirements of Section 4100 through 4113 of the Public Contract Code pertaining to subcontractors . 11 . The contractor shall comply with all local, state and federal regulations applicable to labor, wage rates , hours of work, apprentices , aliens , subcontractors , and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per them wages is on file with the Clerk of the Board of Supervisors , and is incorporated herein by reference thereto, the same as if set forth in full herein. W.A.C. 94 - Spec. p3 of 8 12 . The contractor shall at all times use the type of equipment that will do the ordered abatement satisfactorily and safely in the shortest amount of time, without creating erosion or slide problems. 13 . The contractor shall complete all abatement work in the orders to be issued by the Fire District or indicate the reason why not done. The work orders will consist of parcels identified by County Assessor parcel numbers . The area to be abated on each parcel will be specified in these orders for the abatement work on such parcels . 14 . The contractor shall provide a sufficient number of good quality photographs not less than 3" x 3" in size to show the condition of each parcel just before the abatement work begins and the condition of the parcel upon the completion of the work. Before and after photographs shall be taken from the same location. Each photograph shall be identified by parcel number and date the photograph was taken. The photograph will be given to the Fire District by the contractor at the time of invoicing for work completed. Invoices without good quality photographs will not be accepted for payment. The photographs will become the property of the Fire District. All costs for cameras and photographs shall be included in the bid price. 15 . The contractor shall be solely responsible for satisfactorily repairing or replacing anything damaged, such as water pipes, fences , gates , landscaping, etc. , by his/her employees and/or equipment. 16 . The contractor shall submit invoices at least every two weeks, unless a different length of time is approved by the Fire District. SECTION D - FIRE DISTRICT RESPONSIBILITIES AND PREROGATIVES 1 . The Fire Chief, as Administrator of the Exterior Fire Hazard Control Program, shall have final determination as to any conflict, dispute, changes or amendments, and shall be the sole judge concerning the intent of the contract documents . 2 . The Fire District reserves the right at any time during the period set for performance of the work to: A. Specify a particular method of abatement and type of equipment for any given parcel; B. Add to the amount of work to be completed; C. Remove certain work from the list (Orders ) ; D. Schedule certain work as to date work is to be performed. 3 . The Fire District will provide work orders giving the following information: A. County Assessor' s parcel number; B. Address and/or street name when possible; C. A copy of the map page from the County Assessor' s map book to identify the parcel to be abated; D. Description of work to be done; E. Recommended type of equipment; and F. The District may, if it deems it appropriate, provide photographs to identify difficult to locate parcels to be abated. W.A.C. 94 - Spec . p4 of 8 4 . The Fire District may amend the contract to add additional areas and properties for abatement, and the contractor has thirty ( 30) days after notification in which to accept the amended documents. If said acceptance is not verified within such period, the contract is thereupon terminated and no further work or compensation therefore shall be due or allowed under the contract. SECTION 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 three ( 3) tractors shall be needed. Two ( 2 ) tractors shall be of the wide track crawler type for extremely steep areas and one ( 1) tractor shall be a wheel tractor for discing and rotovating level areas . Each tractor is to be provided with a disc of suitable type, weight and size as required to perform the best discing possible regardless of soil conditions or terrain. B. Rotovating. The contractor shall provide a minimum of one ( 1) 60" rotary tiller. Parcels of property may be ordered abated by a tractor drawn rotary tiller. Such tilling shall destroy and bury the grass and/or weed growth existing at the time of abatement. C. Dozing. The contractor shall provide a minimum of one ( 1) track layer type with a hydraulic operated angle blade. A dozer may be used to level mounds of dirt prior to discing or rotovating, to clear large areas of debris or to establish firebreaks in brush areas . The dozer shall not count as one of the track layers required in Section A above. 6 . In addition, the contractor must provide: A. Sufficient transporting equipment to maintain efficient utilization of equipment; B. Arrangements for the storage, maintenance and repair of abatement equipment; C. Cameras and film, including backup cameras for repair replacement; and D. A means of communication, such as a 2-way radio system or cellular telephones, suitable for reaching all sections of the Fire District. The contractor shall provide a sufficient number of communications devices for each of the following: 1 . Job superintendent W.A.C. 94 - Spec. p5 of 8 2 . Discing crew foreman 3 . Transport drivers 4 . Back-up devices for repair replacement, and 5 . Additional devices as needed to maintain efficient procedures . SECTION F - TYPES OF ABATEMENT 1 . Methods . The method of correction and abatement shall be to the specifications and standards of the Fire District and may consist of one or more of the following: A. Discing B. Rotovating C. Dozing D. Various other methods of correction and abatement as directed in the orders issued. 2 . Discing is the preferred method of abatement on 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 insufficient fuel to sustain or allow the spread of fire. Note: When soil conditions become dry and hard, usually about the middle of May, most parcels will require several discings . 2 . Complete Abatement. Where complete abatement is required, as much of the entire parcel as possible shall be abated in accordance with the above quality standard. 3 . Firebreaks . Firebreaks shall be installed in accordance with orders issued by the Fire District. W.A.C . 94 - Spec. p6 of 8 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 Contract Code. Such securities, if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final. 9 . Invoices will consist of : A. Original work orders indicating that each item has been completed or reason for non-completion indicated. The work order shall include the following information. i . Date or dates work done. W.A.C. 94 - Spec . p7 of 8 ii. For work orders issued by area, the unit price shall be listed. 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 NORAGA FIRE PROTECTION DISTRICT ORINDA 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 Moraga, Orinda, and West County Fire Protection Districts hereinafter referred to as the "Fire District" or "District" . Name of Bidder: Randy Bodhaine Business Address : P. 0. Box 23493 Pleasant Hill, CA 94523 Place of Residence: 3250 Gloria Terrace Lafayette, CA 94549 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 : Nineteen Thousand Fifty Dollars (total amount of composite bid from Page 3 of the Bid Document) Dollars $ 1 9 , 0 5 0 . 0 0 The work will be done pursuant to the said Abatement Specifications and the orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed, analyzed, and evaluated by the Fire District after the public opening of the bids by the Contra Costa County Fire Protection District, prior to the award of the contract by the Contra Costa County Board of Supervisors to the lowest responsible bidder. And further, the undersigned agrees to enter into a contract with the Fire District to do the work as provided above if awarded the contract and to furnish the prescribed bonds and insurance. CONTRACTOR (General) 4-Ajoe 1�Ooll/ l AUTHORIZED SIGNATURE DATE: W/—/1— 9'V NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 1-5 OF THE BID PROPOSAL W.A.C. 94 - BP pl of 5 I .. BIDDING INFORMATION AND REQUIREMENTS A. The hourly rate is to be figured in man hours . Example: if two people each work one half hour, the charge will be for one hour' s work. B. PRE-BID INFORMATION MEETING Attendance by a representative of any company bidding this contract is required at a meeting that will be held at the Contra Costa County Fire Protection District office at 2010 Geary Road, Pleasant Hill, April 19 , 1994 at 3 : 00 p.m. W.A.C. 94 - BP p2 of 5 BID PROPOSAL DISCING DISCING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 0 - 11 , 000 sq. ft . 15 Lots ea. 80. 00 1,200 . 00 11 , 001 - 22 , 000 sq. ft. 15 Lots ea. 85 . 00 1,275 . 00 22 , 001 - 33 , 000 sq. ft. 5 Lots ea. 90 . 00 450 . 00 33, 001 - 43,560 sq. ft. 5 Lots ea. 90. 00 450. 00 More than 1 acre thru 10 acres 75 Acres Per Acre 75 . 00 5,625. 00 More than 10 acres 30 Acres Per Acre 60 . 00 1, 800 . 00 Hourly 50 Hours Per Hour 95 . 00 4 ,750 . 00 ROTOVATING ROTOVATING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 0 - 5, 000 sq. ft. 10 Lots ea. 45 . 00 450 . 00 5, 001 - 10,000 sq. ft. 5 Lots ea. 45.00 225 .00 10, 001 - 15 , 000 sq. ft. 5 Lots ea. 50 . 00 250.00 15 , 001 - 20, 000 sq. ft. 2 Lots ea. 50 . 00 100.00 Hourly 20 Hours Per Hour -T-55 . 00 11100 . 00 DOZING DOZING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY Angle Dozer & operator 25 Hours Per Hour 55 . 00 1, 375 . 00 TOTAL COMPOSITE BID $ 19 ,050 . 00 COMPENSATION SHALL BE MADE FOR THE TYPE OF WORK COMPLETED AT THE UNIT PRICE LISTED PER METHOD OF ABATEMENT WORK. The Contract will be awarded on the basis of the lowest composite bid and proven ability, dependability and responsibility, regardless of the individual unit prices listed for application. W.A.C. 94 - BP p3 of 5 1 . CONTRACTOR EXPERIENCE A. Number of years in professional weed abatement business : 22 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 85-89 San Ramon Valley Fire $28, 000 81-86 Vallejo Fire Dept. $55, 000 88-93 City of Walnut Creek $ 8,000 93-94 San Ramon Valley Fire $35,000 1993 West County Fire District $34,000 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 P . 0. Box 23493 Pleasant Hill , CA 94523 TELEPHONE ( 510 ) 945-6822 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: NONE Years of Experience: Address : Phone Amount & Type of Equipment Provided: W.A.C. 94 - BP P4 of 5 Name: Years of Experience: Address: Phone # : Amount & Type of Equipment Provided: Name: Years of Experience: Address : Phone # : Amount & Type of Equipment Provided: W.A.C. 94 - BP p5 of 5 1994 ABATEMENT CONTRACT FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING,- ROTOVATING AND DOZING I . SPECIAL TERMS: These special terms are incorporated below by reference. A. Parties : Moraga, Orinda, and West County Fire Protection Districts, hereinafter referred to as "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: $ / I a 5-of d ( for unit price contracts, more or less, in accordance with finished qualities at unit bid prices) . W.A.C. 94 AC pl of 6 State of California ) SS . County of Contra Costa ) On /777 before me, Kathleen A. Vota, personally appeared , personally known to me to be the person(s ) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies ) , and that by his/her/their signature( s ) on the instrument the person( s ) , or the entity upon behalf of which the person(s) acted, executed the instrument. d0. Kathleen A. vola �IV1� t Comm.#1022454 ^^ WITNESS my hand and official seal . V �-NOTARY PUBLIC CALIFORNIA0 �. CONTRA COSTA COUNTY 0 w ,ra Comm.Expires April 22,1996 Z [ Seal ) Kathleen A. Vota I 2 . SIGNATURES AND ACKNOWLEDGEMENT: FIRE DISTRICT: by: _ V Chair n;. Board.-of super isors Phil Batchelor, Clerk 61 7t.,pervisorsandCountyAdministratQi - CONTRACTOR: hereby also acknowledging awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Worker' s Compensation Law. by: (Desig ate of ficial capacity in the business) by: (Designate official capacity in the business ) Taxpayer Identification Number: _4ko aq? '? 664, 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 -&VM&4-6,F14'- 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, these parties promise and agree as set forth in this contract, incorporating by these references the material ( "special terms" ) in Section 1 . B. Contractor shall, at his/her own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Fire District ' s Notice to Contractors, Proposal, Orders and Abatement Specifications . C. The work can be changed only with the Fire District ' s prior written order specifying such change and its cost agreed to by the parties; and the Fire District shall never have to pay more than specified in Section 7 without such an order. 5 . TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the Orders and complete it as specified in Section 1 . 6 . INTEGRATED DOCUMENTS . The Notice to Contractors, Bid Proposal, Orders and Abatement Specifications or special provisions of the Fire District' s call for bids, and contractor' s accepted bid for this work are hereby incorporated into this contract, and they are intended to cooperate, so that anything exhibited in the Notice to Contractors , Bid Proposal, and Orders not mentioned in the Abatement Specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by the Fire District' s agent specified in Section 1 . 7 . PAYMENT. For the strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Fire District shall pay the contractor the sum specified in Section 1 , except that in this unit price contract, the payment shall be for finished quantities by hours or at unit bid prices in accordance with the Abatement Specifications . 8. PAYMENTS WITHHELD. A. The Fire District or its agent may withhold any payment, or because of later discovered evidence, nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Fire District from loss because of : 1 . defective work not remedied, or uncompleted work, or 2 . claims filed or reasonable evidence indicating probable filing, or 3 . failure to properly pay subcontractors or for material or labor, or 4 . reasonable doubt that the work can be completed for the balance then unpaid, or 5 . damage to another contractor, or 6 . damage to the Fire District, other than damage due to delay. W.A.C. 94 - AC p3 of 6 B. The Fire District shall use reasonable diligence to discover and report to the contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the contractor in making good any defective work or parts . C. 10% of each progress payment paid the contractor for work completed will be withheld until on or about December 31. This money will be released after deducting for all overpayments or payments in error that may have been made during the year, and provided there are no damage claims remaining against the contractor, all claims for labor and materials have been resolved, no claims have been presented to the Fire District based on acts or omissions of the contractor, no unresolved liens or withhold notices have been filed against the work or the site, and there are no reasonable indications of defective or missing work or of late recorded liens or claims against contractor. The contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the Fire District, by depositing securities of equivalent value with the Fire District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final . D. Following completion of the work, Fire District will file a Notice of Completion and Resolution of Acceptance with the Contra Costa County Board of Supervisors , and thereafter cause the same to be recorded at the Contra Costa County Recorder' s office. Recording of the Notice of Completion and Resolution of Acceptance shall not affect the Fire District' s right to withhold 10% of the progress payments under Subsection 8, c, above. 9 . INSURANCE (Labor Code Sections 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 2 and 3 . 11 . FAILURE TO PERFORM. If the contractor at any time refuses or neglects, without fault of the Fire District or its agent(s) , to supply sufficient materials or workers to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Fire District, the Fire District may furnish same and deduct the reasonable expenses thereof from the contract price. The Fire District may terminate this contract by registered mail where the contractor fails to provide sufficient workers and equipment as previously ordered. The Fire District ' s determination shall be final and conclusive as to sufficiency of workers and equipment. W.A.C. 94 - AC p4 of 6 12 . LAWS APPLY (GENERAL) . Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter 1 of Part 7 of the California Labor Code, Section 1720 et seq. and including Sections 1735, 1777 . 5 and 1777 . 6 , and intend that this contract complies therewith. The parties stipulate that the relevant penalties and forfeitures provided in the Labor Code, including those contained in Sections 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract. 13 . SUBCONTRACTORS . A. Public Contract Code Sections 4100-4113 are incorporated herein. B. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent ( 5%) of the contractor' s total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. C. If it should become necessary to add or change subcontractors during the term of the contract, the Chief shall be informed immediately. 14 . WAGE RATES . A. Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages per diem, and for holiday and overtime work in the locality in which this work is to be performed for each craft, classification, or type of worker needed to execute this contract, and said rate is on file with the Clerk of the Board of Supervisors, and is incorporated by reference thereto, the same as if set forth in full herein. B. This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours is worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. C. The contractor and all subcontractors must pay at least these rates to all persons on this work, including all travel, subsistence and fringe benefit payments provided for by applicable collective bargaining agreements . All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is specified, the contractor shall immediately notify the Fire District, which shall promptly determine the prevailing wage rate therefore and furnish the contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15 . HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day' s work, and no worker employed at any time on this work by the contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16 . APPRENTICES . Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777 . 5 and 1777 .6 (discrimination prohibited) . W.A.C. 94 - AC p5 of 6 17 . PREFERENCE FOR MATERIALS. The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products, workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal . 18 . ASSIGNMENT. This agreement binds the heirs , successors, assigns and representatives of the contractor; but he/she cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Fire District and the contractor' s surety or sureties, unless they have waived notice of assignment. 19 . 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: &oV ptTt r3 A rIV CONTRACTOR: CERTIFICATION BY CONTRACTOR (LABOR CODE SECTION 1861 ) TO MORAGA FIRE PROTECTION DISTRICT ORINDA 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: ,u __1 4CA CONTRACTO�, BY: ,er�t— ,4 1 A--, (Designate ofticial capacity in business) BY: (Designate official capacity in business) APPENDIX 1 State of California ) ss . County of Contra Costa ) a - On / , before me, Kathleen A. Vota, pers ' all appeared C personally kn wn to me to be the person( s) whose name( s ) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies ) , and that by his/her/their signature(s ) on the instrument the person( s ) , or the entity upon behalf of which the person(s ) acted, executed the instrument. f,p°. Kathleen j4. Vota. WITNESS my hand and official seal . Comm.#102245422454 II++ � NOTARY PUBLIC CALIFORN!A�! CONTRA COSTA COUNTY; Q r Comm.Expires AVr.I 22,190a Seal Kathleen A. Vota q S'IA'l'E OF CALIFORNIA SS. COI-NI'Y OF CONTRA COSTA 011—_—MAY 12,-1994 —_— — ._—_— .— .before 1„e._ N. DELFINA BROOKS.— — PER50NALLX APPEARED_ _ GAIL .FOUSHEE knr1N'Il lrl llle(or provided to the on the basis of'satfacinl_l a W e�,idcncel to be the persr:u,(s)Whose nnlnel,!i;/:u•e:;ubsr•rihed In the within insU•uu,ent and acknowledged to tilt'that he/she/they executed W the satneill his/her/theirauthorizedcapncitylies L.and that byhi.s/her/ their si„nature(s)on the instt•un,enl the I,el•.;rin(s).nr the entitV upon Q+ hehalf oI which the persons)acted,executed the in.;trunuent. \\'T'I'N[sN5 my hand and o[1h inl.;cOFFICIAL SEAL al• N. DELFINA BROOKS NOTARY PUBLIC—CALIFORNIA CONTRA COSTA COUNTY My tommission expires Jan.13.1995 -- Tlri. rrn p,U%ji, ,Sea! ID 081 10/92 APPENDIX 2 PERFORMANCE BOND Me"IS FM CONTRACT MRM JW 6 W48JECT TO AD"TMM Bond No. 151016P &1m m FO*L wNTv1Pf-1'Pk"-- Premium $476.00 Any claim under this Bond should be sent to the following address : 17780 FITCH - IRVINE, CA 92714 PHONE: (714)263-3300 KNOW ALL MEN BY THE PRESENTS: That we, RANDY BODHAINE as Principal, and INDEMNITY COMPANY OF CALIFORNIA , a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto MORAGA, ORINDA, AND WEST COUNTY FIRE PROTECTION DISTRICTS, as Obligee, in the sum of ($9,525.00----) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents . THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated MAY 16, 1994 -, with the Obligee to do and perform the following work, to-wit: 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING FOR THE PERIOD 5/31/94 THROUGH 12/31/94 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 12TH day of MAY 1994 (SEAL) (SEAL) RANDY BODHAINE INDEMNITY COMPANY OF CALIFORNIA (Principal (Surety) P/ By: 44--- BY: (Slignature) GAIL FOUSHEE,(Signature) ATTORNEY-IN-FACT (SEAL AND ACKNOWLEDGEMENT OF NOTARY) S'IN'E OF CALIFORNIA 'COtlN'P)"OF _ CONTRA COSTA SS. On— MAY 12� 1994 __ __ hefore aac. N._DELFINA BROOKS L PERSO\ALLY APPEARED-- GAIL FOUSHEE personnlly known to me(or provided to nae on the basis of satisfiactol,y evidence)to he the persons)whose name(s)is/are subscribed to the I within instrument and m-knowled-ed to me that hefshefthe.executed the same in his/he rltheir authorized capacitv(ies),and that h.v his/her-/ a theirsignature(s)on the instrument the person(s),or the entity upon behall'of which the persons)acted,executed the insu"unlent. ; d OFFICIAL SEAL �l'I'1'NESS my hand and official seal. N. DELFINA BROOK$ NOTARY PUBLIC—CALIFORNIA I CONTRA COSTA COUNTY C My commission expires Jan.13,1995 Signature 7L" This ar,w fnr offirurf Nwariaf`,a7 ID 081 10/92 State of California ) } ss . County of Contra Costa ) On /`� /9�4� , before me, Kathleen A. Vota, pers ally appeared A, py 'RO-DNAiuG , personally known to me to be the person( s ) whose name(s ) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ) , and that by his/her/their signature(s) on the instrument the person(s ) , or the entity upon behalf of which the person(s) acted, executed the instrument . ° Kathleen A. Vota WITNESS my hand and official seal . Uam9 Comm.01022454 01 (� KOTARY PUBLIC CALIFCRNC01iA•^ Comm.Ex COSTA COUNT CI - , omm.Expires April 22,7993 X [ Seal ) Kathleen A. Vota F APPENDIX 2 PERFORMANCE BOND PAWWO 19 PM CONTRACT TEPM Am is SWMWT TO AaMIWKT Bond No. 151016P RMED aN RM WNTRACT PRM- Premium $476.00 Any claim under this Bond should be sent to the following address : 17780 FITCH IRVINE, CA 92714 PHONE: (714)263-3300 KNOW ALL MEN BY THE PRESENTS: That we, RANDY BODHAINE as Principal, and INDEMNITY COMPANY OF CALIFORNIA , a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto MORAGA, ORINDA, AND WEST COUNTY FIRE PROTECTION DISTRICTS, as Obligee, in the sum of ($9,525.00----) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated MAY 16, 1994 —, with the Obligee to do and perform the following work, to-wit: 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING FOR THE PERIOD 5/31/94 THROUGH 12/31/94 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 12TH day of MAY 1994 (SEAL) (SEAL) RANDY BODRAINE INDEMNITY COMPANY OF CALIFORNIA Principald), r�r (Surety) By: BY: (Si54ature) GAIL FOUSHEE,(Signature) ATTORNEY-IN-FACT (SEAL AND ACKNOWLEDGEMENT OF NOTARY) ~TATE,OF(:'ALIF'ORN1A CONTRA COSTA COL�N1'1'OF—, . MAY 12, _1994 _ hefurettic, N. DELFINA BROOKS PERSONALTY APPF,AIIED_ GAIL FOi��H E .. personally known tonic for provided to nae on tile hasi.s of satisl'actory evidence)to he the person(s)+chine naine(s)IAJaare suhscrihed U+the x Within instrunurot and acknowledged to me that helshelthe.v executed the name in capacit (ics).and that by his/her/ i their signatureW on the instrulnenl the person(s),of the entity Upon =� behalf ol'which the person(s)acted,executed the instrument. d OF FICIi+L DEAL V. E� d h ' WVINESS in.v anand officialseal. ffiiN. DELFINA BROOKS £�< NOTARY PUBLIC—CALIFORNIA CONTRA COSTA COUNTY My rommission expre5 Jan.13,1995 T Thi,urrn%,,r OIliria;:\'•d urinl rnl ID 081 10./92 State of California ) ss . County of Contra Costa ) On r r /r/ IFN , before me, Kathleen A. Vota, peesally appeared --LJ22y ( �rAtt r personally known to me to be the person(s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ) , and that by his/her/their signature(s ) on the instrument the person(s ) , or the entity upon behalf of which the person(s ) acted, executed the instrument . . Vota WITNESS my anand nd official seal , r KathleenGomm.Lr3rt� Gomm.##i 022454 022454 V "� •' NOTARY PUBLIC CALIFORNIA+ � • /0 ,„� � C CONTRA COSTA COUNTY [ Seal ] C Comm.Ezpic©s Apri122,t998 Kathleen A. Vota APPENDIX 3 PAYMENT BOND Bond No. 151016P Premium INCLUDED IN PERFORMANCE BOND Any claim under this Bond should be sent to the following address : 17780 FITCH IRVINE, CA 92714 PHONE: (714)263-3300 KNOW ALL MEN BY THE PRESENTS: That we, RANDY BODHAINE as Principal, and INDEMNITY COMPANY OF CALIFORNIA a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto MORAGA, ORINDA, AND WEST COUNTY FIRE PROTECTION DISTRICTS, as Obligee, in the sum of ($9,525.00---) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated MAY 16, 1994 - , with the Obligee to do and perform the following work, to-wit: 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING FOR THE PERIOD 5/31/94 THROUGH 12/31/94 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 12TH day of MAY 1994 (SEAL) (SEAL) RANDY BODHAINE INDEMNITY COMPANY OF CALIFORNIA (Principal) (Surety) 01 1 J�l By: r BY: (Signature) GAIL FOUSHEE,(Signature) ATTORNIEY-IN-FACT (SEAL AND ACKNOWLEDGEMENT OF NOTARY) POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N� 133925 P.O. BOX 19725, IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***ALBERT E. HART, SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to.any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By Ln 10 MP , u r r r-- By 1J,r Dat F.Vincenti,Jr. ?ANY Dan F.Vincenti,Jr. Nsu President p� ?ANY o,, President Pg Rgti ��r% �r�n Q�`p%FOR4 � i OCT.5 MAR 2T,�� o ATTEST1061 ATTEST i 1878 ; n V. a c LWa ,�//� /FO% �� �/F00.By lter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. • 2♦♦N♦HNNNN♦ ♦ OFFICIAL SEAL Signature _� — 1� TIRESA TAAFUA NOTARY PUBLIC-CALIFORNIA ♦ ; PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Aug.4,1995 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 12TH._day of MAY _._. ,199 4 INDEMNITY COMPANY OF CALIFORNIA P A M y DEVELOPERS INSURANCE COMPANY P5\N S U Rq� POR1)fC, POR�l By- D;;�46e_7 r OCT.S, ? 0 By /, MAR.2T, O Y L.C.Fiebiger n' 1967 \' .a B L.C.Fiebiger 1818 Senior Vice President ji /FOPS ��� Senior Vice President ��/FOR*\P�' r ID-310 REV.4/93 0 r State of California ) ss . County of Contra Costa ) On '-'/ before me, Kathleen A. Vota, per ' nally appeared -&�Y �nDV-,Ieiyc" , personally known to me to be the person(s ) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies ) , and that by his/her/their signature(s ) on the instrument the person( s ) , or the entity upon behalf of which the person(s ) acted, executed the instrument. WITNESS my hand and official seal . 0 ;a° Kathleen A. Vota � U Comm.X1022454 •�® ^o NOTARY PUBLIC CALIFORNIAOJ * CONTRA COSTA COUNTY 0 (; ► [ Seal ] rr0 Comm.Expires April 22,1998 Kathleen A. Vota S'TA'TE OF CALIFORNIA i t COL!N'I'YOF—--.— —CONTRA COSTA- ",- On— — _ — N. DELFINA BROOKS MAY 12,. 1994 — — — l,r•rr,l'e tile,_ .— —.— —.. — — - PF160NALLY APPEARED- _GAIL FOUSHEE — — .---- — — — — — — — ---- I personally known to me(or provided to me on the basis of satisfaclol.a — — -- -- — -- ---- —— -- —• � evidence to be the person(sl whose namel;l is/are subscribed to the x within instruulent and acknowledged to file that he/she/they executed the same in his/her/thcirauthorir.ed capacity(ies),and that by hi,/her/ ,a their signature(s)on the instrument lilt'perstm(s),fir the entity upon P. behalf of which the person(s)acted,executed the instrument. r d OFFICIAL SEAQ._ �1I F I'I'NESfi Iffy hand and official seal. & N. DELFIivA BROOKS NOTARY PUBLIC--CAI IFORNIA CONTRA COSTA COU14TY � My r:,mr.i.,siar expire;Jan.13.1995 Sign;lttll't' —�■- .— l'Iri.rvrn%.:r r)(/irinl:1',tnrinl.ti'rnl ID 081 10/92 APPENDIX 3 PAYMENT BOND Bond No. 151016P Premium INCLUDED IN PERFORMANCE BOND Any claim under this Bond should be sent to the following address: 17780 FITCH IRVINE, CA 92714 PHONE: (714)263-3300 KNOW ALL MEN BY THE PRESENTS: That we, RANDY BODRAINE as Principal, and INDEMNITY COMPANY OF CALIFORNIA , a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto MORAGA, ORINDA, AND WEST COUNTY FIRE PROTECTION DISTRICTS, as Obligee, in the sum of ($9,525.00---) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated MAY 16, 1994 —, with the Obligee to do and perform the following work, to-wit: 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING FOR THE PERIOD 5/31/94 THROUGH 12/31/94 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 12TH day of MAY 1994 (SEAL) (SEAL) RANDY BODRAINE INDEMNITY COMPANY OF CALIFORNIA (Principal) (Surety) By: BY: (Shignature) GAIL FOUSHEE,(Signature) ATTORNEY-IN-F�.CT (SEAL AND ACKNOWLEDGEMENT OF NOTARY) POWER OF ATTORNEY OF ' INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 133924 P.O. BOX 19725, IRVINE,CA 92713 ♦ (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***ALBERT E. HART, SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY k' . By f By-0-4 V r DaroeVincenti,Jr. AM DaIf- pF. F.Vincenti,Jr. resident o rU resident e5\Nsuggry i OCT.S ?MAR 2T, o ATTEST 1967 r ATTEST i 1979 0 By A140 s� I7Foa+ a`? B Y �!vv "-- G �QFOR*`*� Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. 2 OFFICIAL SEAL Signature � — �� ♦ TIRESA TAAFUA "'�,�,., NOTARY PUBLIC-CALIFORNIA ♦ PRINCIPAL OFFICE IN ORANGE COUNTY e a•' My Commission Exp.Aug.4,1995 CERTIFICATE µ N The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 12TH day of MAY ,1994 INDEMNITY COMPANY OF CALIFORNIA P AM Y DEVELOPERS INSURANCE COMPANY v \N S U qy I' / O 9 pPONrrf C, �i`ppPOR7qI�p^ By. ` G'�l / s OCT.S, By_._ D��6e7 o MA .2T, p ,.t 1361 o c i 1979 i L.C.Fiebiger n� a L.C.Fiebiger n Senior Vice President /Folk Senior Vice President �71FORI%\ ? ID-310 REV.4/93 '�•`' CERTIFICATE OF INSURANCE May 13, 1994 "Tlii's certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend,alter the coverage afforded by the policies listed below. PRODUCER C Letter A The Travelers Insurance Company Thoits Insurance Service, Inc. O 250 Cambridge Avenue, Suite 300 M Letter B Palo Alto,CA 94306-0190 P A Letter C INSURED N Randy Bodhaine I Letter D PO Box 23493 E Pleasant Hill,CA 94523 S Letter E This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. ------------------------------------------------------------------COVERAGES---------------------------------------------------------------------------------- Co Ltr Type of Ins. Policy# Policy Eff Policy Exp Limits ---GENERAL LIABILITY-------------------------------------------------------------------------------------------------------------------------------------- A (X)Commercial GL 680273G2193TIL 04/16/94 04/16/95 Gnl Aggregate $2,000,000 ( )Claims Made Prd-CompOp Agg $2,000,000 (X)Occurrence Pers&Adv In $1,000,000 ( )Owners&Contr Each Occur $1,000,000 ( ) Fire Damage $ 50,000 ( ) Medical Exp $ 5,000 ---AUTOMOBILE LIABILITY-------------------------------------------------------------------------------------------------------------------------------- A ( )Any Auto 660882J7682TIL 02/27/94 02/27/95 CSL $ 600,000 (X)All Owned B.I./Person $ ( )Scheduled B. [./Accident $ (X)Hired P.D. $ (X)Non-Owned ( )Garage Liability ---EXCESS LIABILITY----------------------------------------------------------------------------------------------------------------------------------------- ( )Umbrella Form Each Occur ( )O.T.Umbrella Aggregate ---WORKERS'COMPENSATION---------------------------------------------------------------------------------------------------------------------------- ( )W.C. STATUTORY Employers Liability Each Accident Disease/Pol ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ DESCRIPTION OF Operations/Locations/Vehicles/Restrictions/Special Items The Contractor will at its own cost and expense,in a workmanlike manner,faithfully and fully do all the work and furnish all the equipment and materials necessary to complete,in accordance with the Abatement Specifications and related contract documents hereinafter mentioned,to the satisfaction of the Fire Chief of the Public Agency,the correction and abatement of fire hazards from the properties set forth by the Public Agency. By endorsement to Policy No. 680273G2193TIL,Moraga, Orinda and West County Fire Protection Districts,their officers,employees and agents are named as additional insureds solely as respects the above listed job. CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will RO&IROM mail 30 days written notice to the certificate holder named below b14y ?I1 AiX* kXTk§W Av uthorized Representative NAME and ADDRESS of CERTIFICATE HOLDER Moraga,Orinda and West County Fire Protection Districts c/o Contra Costa County Fire Protection District 2010 Geary Road Pleasant Hill,CA 94523 BODHAINE.CER COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work'for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION IN S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 12, 1994 POLICY NUMBER: .13401-907 — 94 CERTIFICATE EXPIRES: MORAGA,ORINDA & WEST CO. FIRE PROTECTION DI5TRICT5 C/O CONTRA C05TA CO . FIRE PROTECTION DI5TRICT ATTN: LYNN JOHN50N - 2010 GEARY ROAD PLEASANT HILL CA 94523 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. . PRESIDENT EMPLOYER'5 LIABILITY LIMIT: $5,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/12/94 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY . NAME OF ADDITIONAL INSURED: MORAGA,ORINDA & WE5T CO. FIRE PROTECTION DISTRIC EMPLOYER F RANDY AND CATHY BODHAINE P.O. BOX 23493 PLEASANT HILL CA 94525 L SCIF 10262 (REV. 10-86) NB STATE . P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 1340807 - 94 ISSUE DATE: 04-01-94 CERTIFICATE EXPIRES: 04-01-95 WEST COUNTY FIRE PROTECTION DISTRICT ATTN: R.L. DAVIS 2010 GEARY ROAD PLEASANT HILL CA 94523 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named,below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT EMPLOYER'S LIABILITY LIMIT: $3,000,000.00 PER OCCURRENCE. STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 04/01/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: WEST COUNTY FIRE PROTECTION DISTRICT ENDORSEMENT #2065. ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04/01/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LEGAL NAME RANDY BODHAINE BODHAINE, RANDY AND P 0 BOX 23493 BODHAINE, CATHY PLEASANT HILL CA 94523 PRINTED: 03-18-94 P0408 + NB STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 1340807 - 94 ISSUE DATE: 04-01-94 CERTIFICATE EXPIRES: 04-01-95 CONSOLIDATED FIRE DISTRICT ATTN: INSPECTOR DAVIS 2900 DOROTHY DRIVE PLEASANT HILL. CA 94523 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is. not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein: Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT EMPLOYER'S LIABILITY LIMIT: $3,000,000.00 PER OCCURRENCE. STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04/01/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LEGAL NAME RANDY BODHAINE BODHAINE, RANDY AND P 0 BOX 23493 BODHAINE, CATHY PLEASANT HILL CA 94523 PRINTED: 03-18-94 P0408 f 3 i {{{ MAR 2 31994 [ i .A ii 1. 5-7 MORAGA FIRE PROTECTION DISTRICT ORINDA FIRE PROTECTION DISTRICT WEST COUNTY FIRE PROTECTION DISTRICT 1994 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL 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 : PERFORMANCE BOND APPENDIX 3 : PAYMENT BOND f NOTICE TO CONTRACTORS Notice is hereby given by the Moraga, Orinda, and West County Fire Fire Protection Districts of Contra Costa County (hereinafter referred to as "Fire District" or "District" ) , that the Fire District will receive bids for the abating of exterior fire hazards by mowing, rubbish and tree removal within the above Fire Protection District boundaries for 1994 . Each bid is to be in accordance with the Abatement Specifications relating thereto which are on file at the Contra Costa County Fire Protection District office, 2010 Geary Road, Pleasant Hill, California 94523-4694 . The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above- mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office. Bid Proposals shall be sealed and filed with the Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill, CA, 94523, on or before May 2, 1994, at 11 : 00 a.m. , and will be opened at Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill, at the time due and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one ( 1) bid for this contract will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control Program for review. The Administrator of the Exterior Hazard Control Program is the Fire Chief of the Riverview Fire Protection District, hereinafter referred to as the Fire Chief . The Fire Chief will recommend to the Board of Supervisors of Contra Costa County, as the governing board of the Fire District, the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form of contract. The right is reserved to reject any and all proposals . The successful bidder will be required to furnish a payment bond in an amount equal to fifty percent (50%) of the contract price and a faithful performance bond in an amount equal to fifty percent (50%) of the contract price, said bonds to be secured from a surety company authorized to do business in the State of California. Bidders are hereby notified that pursuant to Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained from the Director of the Department of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification or type or workers needed to execute the contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and incorporated herein by reference thereto, the same as if set forth in full herein. For any classification not included in the list, the minimum wage shall be the general prevailing rate for Contra Costa County. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. W.A.C. 94 - NC pl of 2 SPECIFICATIONS FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL This Specifications document is intended to cooperate with the Notice to Contractors, Contract, Bid Proposal, and Orders as discussed herein, so that anything exhibited in the Notice to Contractors, Contract, Bid Proposal, and Orders not mentioned in the Abatement Specifications is to be considered as if exhibited, mentioned and set forth herein. SECTION A - DESCRIPTION OF PROJECT 1 . The Moraga, Orinda, and West County Fire Protection Districts of Contra Costa County, hereinafter referred to as the "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 r By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Moraga, Orinda and West County Fire Protection Districts . By: Allen Little, Acting Fire Chief Publication Dates : (Pub. Contract Section 20812 ) Contra Costa Times : 04/20/94 & 04/25/94 Daily Ledger: 04/20/94 & 04/25/94 San Ramon Valley Times : 04/20/94 & 04/25/94 West County Times : 04/21/94 & 04/26/94 W.A.C. 94 - NC p2 of 2 THE POLICY OR POLICIES, OR RIDER ATTACHED THERETO, SHALL NAME THE MORAGA, ORINDA, AND WEST COUNTY FIRE PROTECTION DISTRICTS, ITS OFFICERS AND EMPLOYEES, AS NAMED INSUREDS AND PROVIDE FOR AT LEAST THIRTY (30) DAYS WRITTEN NOTICE OF POLICY LAPSE OR CANCELLATION TO THE DISTRICT. Said public liability and property damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract in the amounts of not less than the following: ( 1) Limit of liability for injury or accidental death: one person. . . . . . . . . . . . . . . . . . . . . $1, 000, 000 one accident. . . . . . . . . . . . . . . . . . . $1, 000, 000 (2 ) Limit of liability for property damage: one accident. . . . . . . . . . . . . . . . . . . $1, 000, 000 If the contractor fails to maintain such insurance, the Fire District will terminate this contract and deduct and retain a sufficient amount of money from any sums due the contractor under the contract to cover any damages which the Fire District may be liable to pay as a result of any uninsured operations by the contractor thereunder. Nothing herein contained shall be construed as limiting in any way the extent to which the contractor may be held responsible for payment of damages to persons or property resulting from the contractor' s operations or the operations of any subcontractor under him/her. 2 . Contract Bonds . The contractor shall, at the time of signing the contract, furnish two good and sufficient surety bonds of a surety company or companies authorized to do business in the State of California and satisfactory to the Fire District, covering the entire 1-year term of the contract, as follows : a bond in an amount equal to fifty percent (50% ) of the total bid for one year' s work for the payment of just claims for materials, labor and subcontractors employed by him/her thereon, and a bond in an amount equal to fifty percent (50% ) of the full amount of the total bid for one year' s work as surety for the faithful performance of the contract. 3 . The contractor shall comply with all local, State and Federal regulations applicable to labor, wage rates, hours of work, apprentices, aliens, subcontractors, and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. SECTION C - CONTRACTOR RESPONSIBILITIES 1 . The contractor shall furnish all equipment, material, supplies and labor when and where ordered, and pay all fees necessary to complete the work to the satisfaction of the Fire District. 2 . The contractor shall provide direct supervision of his/her employees and shall be responsible for correctly locating and abating all parcels designated for abatement. 3 . The contractor shall complete all work as described on work orders in a timely and professional manner to the satisfaction of the W.A.C. 94 - Spec . p2 of 8 Fire District. Abatement work orders issued to the contractor shall be completed within fourteen ( 14 ) calendar days from the date of issuance. The contractor shall return the work orders no later than fourteen ( 14) calendar days after the work is completed. 4 . There shall be at least one contractor' s representative (e.g. the owner, a supervisor or employee) who is fluent in English on the job site at all times to answer expressed concerns of involved landowners or residents and to address any on-site District staff concerns . 5 . The contractor shall, to the best of his/her ability, insure his/her employees are polite to the public at all times . 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 . The contractor shall comply with all local, state and federal regulations applicable to labor, wage rates, hours of work, apprentices, aliens, subcontractors, and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. W.A.C. 94 - Spec. p3 of 8 12 . The contractor shall at all times use the type of equipment that will do the ordered abatement satisfactorily and safely in the shortest amount of time, without creating erosion or slide problems . 13 . The contractor shall complete all abatement work in the orders to be issued by the Fire District or indicate the reason why not done. The work orders will consist of parcels identified by County Assessor parcel numbers . The area to be abated on each parcel will be specified in these orders for the abatement work on such parcels . 14 . The contractor shall provide a sufficient number of good quality photographs not less than 3" x 3" in size to show the condition of each parcel just before the abatement work begins and the condition of the parcel upon the completion of the work. Before and after photographs shall be taken from the same location. Each photograph shall be identified by parcel number and date the photograph was taken. The photograph will be given to the Fire District by the contractor at the time of invoicing for work completed. Invoices without good quality photographs will not be accepted for payment. The photographs will become the property of the Fire District. All costs for cameras and photographs shall be included in the bid price. 15 . The contractor shall be solely responsible for satisfactorily repairing or replacing anything damaged, such as water pipes, fences, gates, landscaping, etc . , by his/her employees and/or equipment. 16 . The contractor shall submit invoices at least every two weeks, unless a different length of time is approved by the Fire District . SECTION D - FIRE DISTRICT RESPONSIBILITIES AND PREROGATIVES 1 . The Fire Chief, as Administrator of the Exterior Fire Hazard Control Program, shall have final determination as to any conflict, dispute, changes or amendments, and shall be the sole judge concerning the intent of the contract documents . 2 . The Fire District reserves the right at any time during the period set for performance of the work to: A. Specify a particular method of abatement and type of equipment for any given parcel; B. Add to the amount of work to be completed; C. Remove certain work from the list (Orders ) ; D. Schedule certain work as to date work is to be performed. 3 . The Fire District will provide work orders giving the following information: A. County Assessor' s parcel number; B. Address and/or street name when possible; C. A copy of the map page from the County Assessor' s map book to identify the parcel to be abated; D. Description of work to be done; E . Recommended type of equipment; and F. The District may, if it deems it appropriate, provide photographs to identify difficult to locate parcels to be abated. W.A.C. 94 - Spec . p4 of 8 4 . The Fire District may amend the contract to add additional areas and properties for abatement, and the contractor has thirty ( 30) days after notification in which to accept the amended documents . If said acceptance is not verified within such period, the contract is thereupon terminated and no further work or compensation therefore shall be due or allowed under the contract. SECTION 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 mowing, rubbish and tree removal : A. One ( 1 ) loader with bucket, wheel or track type. B. One ( 1) dump truck. C. One ( 1) 48 inch rotary mower or 5 foot flail-type mower for tractor drawn mowing. D. Eight ( 8) heavy duty, cord-type mowers . E. Two (2) chain saws having a minimum 24 inch bar. F. One ( 1 ) trailerized chipper having a minimum 20 horse power motor and capable of chipping material to a maximum of 6 inches in diameter. 6 . In addition, the contractor must provide: A. Sufficient transporting equipment to maintain efficient utilization of equipment; B. Arrangements for the storage, maintenance and repair of abatement equipment; C. Cameras and film, including backup cameras for repair replacement; and D. A means of communication, such as a 2-way radio system or cellular telephones, suitable for reaching all sections of the Fire District. The contractor shall provide a sufficient number of communications devices for each of the following: 1 . Job superintendent 2 . Mowing crew foreman 3 . Transport drivers W.A.C. 94 - Spec. p5 of 8 4 . Back-up devices for repair replacement, and 5 . Additional devices as needed to maintain efficient operating procedures . SECTION F - TYPES OF ABATEMENT 1 . Methods . The method of correction and abatement shall be to the specifications and standards of the Fire District and may consist of one or more of the following: A. Hand Mowing B. Tractor Drawn Mowing C. Rubbish Removal (Hand Loaded) D. Rubbish Removal (Tractor) E . Tree Trimming and/or Removal F. Brush Removal G. Various other methods of correction and abatement as directed in the Orders issued. 2 . MOWING A. Hand mowing will be used in areas where discing or tractor mowing is not practical . B. Tractor mowing will be used on parcels where discing is not practical due to erosion, sloughing or where other problems exist. 3 . RUBBISH REMOVAL A. Specified combustible rubbish, trash, trimmings, litter, etc. , will be removed to a legal disposal area approved by the Fire District. B. The majority of rubbish removals can be accomplished with one or two personnel and a pick-up truck. C. There are normally only a few larger rubbish removals requiring a loader and dump truck. The number varies each year. The equipment must be available when required. 4 . TREE TRIMMING AND/OR REMOVAL A. Trees may be required to be trimmed to allow for abatement underneath the tree or to prevent the accumulation of rubbish. B. Specified tree removal of standing or down dead trees will be removed to a legal disposal area. C. The number of tree removals varies each year. The equipment must be available when required. 5 . BRUSH REMOVAL Brush removal may be used to clear hazardous growths of brush or to establish firebreaks . SECTION G - ABATEMENT STANDARDS I . Complete Abatement. When complete abatement is ordered, as much of the entire parcel as possible shall be abated. W.A.C. 94 - Spec. p6 of 8 2 . Firebreaks . Firebreaks shall be installed in accordance with the orders issued by the Fire District. 3 . Mowing. Parcels abated by mowing shall be completed so that all weeds, grass or other vegetation or organic material which could be expected to burn, shall be cut to a height of not more than two (2 ) inches . 4 . Removal . Grass and weeds that are cut by hand shall be removed from within 30 feet of structures and disposed of in a manner approved by the Fire District. Additional removal of grass and weeds may be required in accordance with orders issued by the Fire District. 5 . Tree and Brush Removal . Trees shall be cut down to near ground level and all branches 2 inches or less in diameter removed or chipped up. 6 . Chipping. Wood chips from tree trimmings and brush shall be spread to not more than 3 inches in depth. SECTION H - PAYMENTS 1 . The contractor will be compensated for that work completed either at the unit charge or the hourly rate specified for that type of work supplied on the Bid Proposal . The number 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 contractor to remove his/her equipment from the property, only a "kick-off" charge for the amount of work completed if the work order was issued by unit or the actual time work was being done if the work order was issued by the hourly rate can be charged. Photographs must be taken by the contractor of work done. 5 . Compensation for rubbish removals shall be made for on-site work only. Compensation shall not be made for travel time or dump time. 6 . Disposal charges for rubbish removal will be in addition to bid prices and included on completed orders . Receipt with parcel number must accompany orders . Rubbish from more than one parcel can be on one receipt, but amount charged to each parcel must be indicated and a copy of the receipt attached to each order. . 7 . The Fire District may specify the maximum amount of time which will be chargeable and allowed for payment by the Fire District for work performed on an hourly basis on any particular parcel of property. If the contractor disputes the maximum amount of time which the Fire District will allow for correction of a fire hazard, the contractor shall submit the matter to the Fire Chief for determination in writing, setting forth specific facts, reasons, or circumstances justifying the need of additional time for the particular work. The Fire Chief ' s determination shall be final and conclusive respecting the dispute and the amount of compensation due the contractor. W.A.C. 94 - Spec . p7 of 8 8 . Work shall be performed under the general supervision of the Fire Chief, or an authorized representative of the Fire District, who shall have the authority to approve or reject any portion of the work, or to order the suspension of the work for cause. 9 . Payment for completed work will be made after the Fire District approves all work itemized on an invoice. Authorization for payment will be sent to the County Auditor-Controller' s office within thirty ( 30) days after the invoice arrives at the District. 10 . 10% of each invoice payment will be withheld to cover any overpayment, or payment in error, or for 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 Contract Code. Such securities, if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final . 11 . Invoices will consist of: A. Original work orders indicating that each item has been completed or reason for non-completion indicated. The work order shall include the following information. i . Date or dates work done. ii . For orders issued by area, the unit price shall be listed. iii . For orders issued by hour, the contractor shall indicate number of employees and actual number of hours each employee worked for each date. Hours charged shall be in 15 minute increments . Hours charged shall be for the actual time of abatement. iv. Total contractor charge for each work order. V. A copy of the receipt for dump charges shall be attached to all work orders for rubbish removal . vi . Sufficient number of good quality before and after photographs attached to the work order to document the conditions before work starts and the adequacy of the work done. B. Typed list giving parcel numbers, in numerical order, the total charges for each parcel and the total charge for the invoice. 12 . Any request for a change in the charges invoiced for a parcel shall be made in writing with an explanation of the reason the change is being requested. W.A.C. 94 - Spec . p8 of 8 BID PROPOSAL MORAGA FIRE PROTECTION DISTRICT ORINDA FIRE PROTECTION DISTRICT WEST COUNTY FIRE PROTECTION DISTRICT 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL ON PRIVATE AND PUBLIC PROPERTIES AS ASSIGNED For the performance of exterior fire hazard abatement work in the Moraga, Orinda, and West County Fire Protection Districts hereinafter referred to as the "Fire District" or "District" . Name of Bidder: Randy Bodhaine Business Address : P. 0. Box 23493 Pleasant Hill, CA 94523 Place of Residence: 3250 Gloria Terrace Lafayette, CA 94549 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: One-Hundred Twenty Thousand Sixty-Two Dollars & Fifty Cents (total amount of composite bid from Page 4 of the Bid Proposal) Dollars $ 1 2 0, 0 6 2 . 5 0 The work will be done pursuant to the said Abatement Specifications and the Orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed, analyzed, and evaluated by the Fire District after the public opening of the bids by the Contra Costa County Fire Protection District, prior to the award of the contract by the Contra Costa County Board of Supervisors to the lowest responsible bidder. And further, the undersigned agrees to enter into a contract with the Fire District to do the work as provided above if awarded the contract and to furnish the prescribed bonds and insurance. CONTRACTOR (General) ,�ir✓,O l' / (�/j� /✓L� AUTHORIZED SIGNATURE- DATE : IGNATURE-DATE : NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 1-6 OF THE BID PROPOSAL W.A.C. 94 - BP pl of 6 I . BIDDING INFORMATION AND REQUIREMENTS A. The hourly rate is to be figured in man hours . Example: If two people each work one half hour, the charge will be for one hour' s work. B. Actual dump charges for rubbish removals will be in addition to bid prices and included on completed work orders . Receipts with parcel numbers must accompany work orders . Rubbish from more than one parcel can be on a receipt, but amount charged to each parcel must be indicated. C. PRE-BID INFORMATION MEETING Attendance by a representative of any company bidding this contract is required at a meeting that will be held at the Contra Costa County Fire Protection District office at 2010 Geary Road, Pleasant Hill, April 19 , 1994 at 3 : 00 p.m. W.A.C. 94 - BP p2 of 6 BID PROPOSAL TRACTOR DRAWN MOWING TRACTOR MOWING ESTIMATED UNIT UNIT PRICE TOTAL PRICE AREA QUANTITY 0 - 11, 000 sq. ft. 10 Lots ea. 75 . 00 750 . 00 11,001 - 22 , 000 sq. ft. 5 Lots ea. 78 . 00 390 . 00 22, 001 - 33, 000 sq. ft. 5 Lots ea. 84 . 00 420 . 00 33, 001 - 43,560 sq. ft. 2 Lots ea. 90 . 00 180 . 00 More than 1 acre 2 Acres Per Acre 90 . 00 180. 00 Hourly 20 Hours Per Hour 64 . 00 1,280 . 00 RUBBISH REMOVAL BY TRACTOR RUBBISH REMOVAL ESTIMATED UNIT UNIT PRICE TOTAL PRICE BY TRACTOR QUANTITY Loader, Dump Truck and Operator 25 Hours Per Hour 120 . 00 3, 000 . 00 COMPENSATION SHALL BE MADE FOR ON SITE WORK ONLY, NOT FOR TRAVEL & DUMP TIME HAND MOWING BID PRICE TO INCLUDE REMOVAL & DISPOSAL OF ALL WEEDS AFTER MOWING WHEN ORDERED HAND MOWING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 0 - 2,500 sq. ft. 25 Parcels ea. 150 . 00 3, 750 . 00 2 , 501 - 5, 000 sq. ft. 35 Parcels ea. 300 . 00 10,500 . 00 5, 001 - 7 , 500 sq. ft. 15 Parcels ea. 412 . 50 6, 187 .50 7 ,501 - 10, 000 sq. ft. 15 Parcels ea. 500 . 00 7 ,500 . 00 10,001 - 15, 000 sq. ft. 10 Parcels ea. 750 . 00 7,500 . 00 15, 001 - 20, 000 sq. ft. 10 Parcels ea. 1000 . 00 10, 000 . 00 20,001 - 25,000 sq. ft . 35 Parcels ea. 1125 . 00 39 , 375 . 00 25, 001 - 30, 000 sq. ft. 3 Parcels ea. 1350 . 00 4, 050 . 00 30, 001 - 35, 000 sq. ft. 3 Parcels ea . 1575 . 00 4 , 725 . 00 35,001 - 40, 000 sq. ft. 3 Parcels ea. 1800 . 00 5,400 . 00 40,001 - 45, 000 sq. ft. 3 Parcels ea. 2025 . 00 6,075 . 00 Hourly Mowing & Misc. Hand Work 100 Hours Per Man Hour 36 . 00 3,600 . 00 W.A.C. 94 - BP p3 of 6 BID PROPOSAL CONTINUED RUBBISH REMOVAL - HAND LOADED Per Cubic Yard 100 cu.yd. ea.cu.yd. 25 . 00 2 ,500 . 00 Hourly 75 Hours Per Man Hour 36 . 00 2 ,700 . 00 TOTAL COMPOSITE BID $ 120, 062 . 50 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 p4 of 6 1 . CONTRACTOR EXPERIENCE A. Number of years in professional weed abatement business : 22 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 85-89 San Ramon Valley Fire $28, 000 81-86 Vallejo Fire Dept. $55, 000 88-93 City of Walnut Creek $ 8,000 93-94 San Ramon Valley Fire $35,000 1993 West County Fire District $34 , 000 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 P. O. Box 23493 Pleasant Hill, CA 94523 TELEPHONE ( 510 ) 945-6822 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: NONE Years of Experience: Address : Phone #: Amount & Type of Equipment Provided: W.A.C. 94 - BP p5 of 6 Name: Years of Experience: Address : Phone # : Amount & Type of Equipment Provided: Name: Years of Experience: Address : Phone # : Amount & Type of Equipment Provided: W.A.C. 94 - BP p6 of 6 1994 ABATEMENT CONTRACT FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL 1 . SPECIAL TERMS: These special terms are incorporated below by reference. A. Parties : Moraga, Orinda, and West County Fire Protection Districts, hereinafter referred to as "Fire District" or "District" , (Contractor) &AJ`/ &t)44k?Qr-- 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: $ 1 .9�0 , O(o -V• 50 ( for unit price contracts, more or less, in accordance with finished qualities at unit bid prices) . W.A.C. 94 - AC pl of 6 State of California ) ss . County of Contra Costa ) On y before me, Kathleen A. Vota, personally appeared MA ZVE , personally known to me to be the person(s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in .his/her/their authorized capacity( ies ) , and that by his/her/their signature(s ) on the instrument the person( s ) , or the entity upon behalf of which the person.( s ) acted, executed the instrument. r <<^ Kathleen A. Vota v WITNESS m hand and official seal . U c E4F Comm.#1022454 t) y i"� NOTARY PUBLIC CALIFORNIA CONTRA COSTA COUNTY C% +cicoa` Comm.Expires April 22,735 ( Seal ] Kathleen A. Vota 2 . SIGNATURES AND ACKNOWLEDGEMENT: FIRE DISTRICT: by: hairrnan�__Ooar-d oT Supervisor' Phil Batchelor, Clerk of the Board of Supervisors and ouil y Admifilstratlyl CONTRACTOR: hereby also acknowledging awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Worker' s Compensation Law. by: ` (Des ' nate official capacity in the business) by: (Designate official capacity in the business) Taxpayer Identification Number: 406(0 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: z� (NOTARIAL SEAL) NOTARY PUBLIC Form approved: VICTOR J. WESTMAN ' COUNTY COUNSEL BY: , Diana J. Si ver 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, these parties promise and agree as set forth in this contract, incorporating by these references the material ( "special terms" ) in Section 1 . B. Contractor shall, at his/her own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Fire District ' s Notice to Contractors, Proposal, Orders and Abatement Specifications . C . The work can be changed only with the Fire District' s prior written order specifying such change and its cost agreed to by the parties; and the Fire District shall never have to pay more than specified in Section 7 without such an order. 5 . TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the Orders and complete it as specified in Section 1 . 6 . INTEGRATED DOCUMENTS . The Notice to Contractors, Bid Proposal, Orders and Abatement Specifications or special provisions of the Fire District ' s call for bids, and contractor' s accepted bid for this work are hereby incorporated into this contract, and they are intended to cooperate, so that anything exhibited in the Notice to Contractors, Bid Proposal, and Orders not mentioned in the Abatement Specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by the Fire District' s agent specified in Section 1 . 7 . PAYMENT. For the strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Fire District shall pay the contractor the sum specified in Section 1, except that in this unit price contract, the payment shall be for finished quantities by hours or at unit bid prices in accordance with the Abatement Specifications . 8 . PAYMENTS WITHHELD. A. The Fire District or its agent may withhold any payment, or because of later discovered evidence, nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Fire District from loss because of : 1 . defective work not remedied, or uncompleted work, or 2 . claims filed or reasonable evidence indicating probable filing, or 3 . failure to properly pay subcontractors or for material or labor, or 4 . reasonable doubt that the work can be completed for the balance then unpaid, or 5 . damage to another contractor, or 6 . damage to the Fire District, other than damage due to delay. W.A.C. 94 - AC p3 of 6 B. The Fire District shall use reasonable diligence to discover and report to the contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the contractor in making good any defective work or parts . C. 10% of each progress payment paid the contractor for work completed will be withheld until on or about December 31 . This money will be released after deducting for all overpayments or payments in error that may have been made during the year, and provided there are no damage claims remaining against the contractor, all claims for labor and materials have been resolved, no claims have been presented to the Fire District based on acts or omissions of the contractor, no unresolved liens or withhold notices have been filed against the work or the site, and there are no reasonable indications of defective or missing work or of late recorded liens or claims against contractor. The contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the Fire District, by depositing securities of equivalent value with the Fire District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final . D. Following completion of the work, Fire District will file a Notice of Completion and Resolution of Acceptance with the Contra Costa County Board. of Supervisors, and thereafter cause the same to be recorded at the Contra Costa County Recorder' s office. Recording of the Notice of Completion and Resolution of Acceptance shall not affect the Fire District' s right to withhold 10% of the progress payments under Subsection 8, c, above. 9 . INSURANCE (Labor Code Sections 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 2 and 3 . 11 . FAILURE TO PERFORM. If the contractor at any time refuses or neglects, without fault of the Fire District or its agent(s) , to supply sufficient materials or workers to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Fire District, the Fire District may furnish same and deduct the reasonable expenses thereof from the contract price. The Fire District may terminate this contract by registered mail where the contractor fails to provide sufficient workers and equipment as previously ordered. The Fire District ' s determination shall be final and conclusive as to sufficiency of workers and equipment. W.A.C. 94 - AC p4 of 6 12 . LAWS APPLY (GENERAL) . Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter 1 of Part 7 of the California Labor Code, Section 1720 et seq. and including Sections 1735, 1777 .5 and 1777 . 6 , and intend that this contract complies therewith. The parties stipulate that the relevant penalties and forfeitures provided in the Labor Code, including those contained in Sections 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract. 13 . SUBCONTRACTORS. A. Public Contract Code Sections 4100-4113 are incorporated herein. B. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent ( 5% ) of the contractor' s total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. C. If it should become necessary to add or change subcontractors during the term of the contract, the Chief shall be informed immediately. 14 . WAGE RATES . A. Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages per diem, and for holiday and overtime work in the locality in which this work is to be performed for each craft, classification, or type of worker needed to execute this contract, and said rate is on file with the Clerk of the Board of Supervisors, and is incorporated by reference thereto, the same as if set forth in full herein. B. This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours is worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. C. The contractor and all subcontractors must pay at least these rates to all persons on this work, including all travel, subsistence and fringe benefit payments provided for by applicable collective bargaining agreements . All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is specified, the contractor shall immediately notify the Fire District, which shall promptly determine the prevailing wage rate therefore and furnish the contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15 . HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day' s work, and no worker employed at any time on this work by the contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815 . 16 . APPRENTICES . Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777 . 5 and 1777 . 6 (discrimination prohibited) . W.A.C. 94 - AC p5 of 6 17 . PREFERENCE FOR MATERIALS. The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products, workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal . 18 . ASSIGNMENT. This agreement binds the heirs, successors, assigns and representatives of the contractor; but he/she cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Fire District and the contractor' s surety or sureties, unless they have waived notice of assignment. 19 . 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: 11Aa6 . ViR9$)`5(} Ar1tJ /nOti11RL CONTRACTOR: RAhl©y �Dz>,4Ai4r-_ CERTIFICATION BY CONTRACTOR (LABOR CODE SECTION 1861) TO MORAGA FIRE PROTECTION DISTRICT ORINDA 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: S 9 at: CA CONTRACTOR BY: --� (Design to off ' ial capacity in business) BY: (Designate official capacity in business) APPENDIX 1 6 0 SPATE OF CALIFORNIA SS. covN'rY OF� ---CONTRA COSTA -- I Ota--- MAy—12, _1994--____---____--_,before me. N. DELFINA BROOKS — --- , PERSONALLY AI'I'EAHED — GAIL—FNUSHEE per"onall.v known to nae(or provided to nae on the basis of"ati"fac•tory evidence)to he the person(s)whose nanie(s)is/tu•e subscribed to the �* within instrument and acknowledrved to me that he/she/thee executed the same inhis/her/t heirauthoa•izedcapacitvtieO.and that b his/her/ a their"ignature(S)on the instrument the person(").or the entity upon G>~ behalf of which the person(s)acted,executed the insuvnient. d OFFICIAL SEAL E- WI'I'NESS my hand and officialseal. N. DELFINA BROOKS s o NOIARY PUBLIC--GAUFORNlA CONTRA COSTA COUNTY ^y , My minmission expires Jain.73.1995 i /tSig atui-e F This armn for Itfftrtnl,Vaarial Srnl ID 081 10/92 State of California ) ss . County of Contra Costa ) °^ On before me, Kathleen A. Vota, Fie se/nally appeared C ' (" } is/are personally known to me to be the person(s) Whose name subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies ) , and that by his/her/their signature(s ) on the instrument the person(s) , or the entity upon behalf of which the person( s ) acted, executed the instrument. ° Kathleen R. Vota WITNESS my hand and official seal . U Comm,#1022454 {� '>sp NOTARYPUBLIC CALIFORNIA C CONTRA COSTA COUNTY CI [ Seal � d Comm.Expires April Kathleen A. Vota c APPENDIX 2 PERFORMANCE BOND PREM UM IS FOR CONTRACT TERN AND IS SUBJECT TO ADJUSTMENT Band Na. 151015P BASED ONFWALCONTRACT PR10E. Premium $3,002.00 Any claim under this Bond should be sent to the following address : 17780 FITCH IRVINE, CA 92714 PHONE: (714)263-3300 KNOW ALL MEN BY THE PRESENTS: That we, RANDY BODHAINE as Principal, and INDEMNITY COMPANY OF CALIFORNIA a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto MORAGA ORINDA AND WEST COUNTY FIRE PROTECTION DISTRICTS, as Obligee, in the sum of ($60,032.00----) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents . THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated MAY 16, 1994 , with the Obligee to do and perform the following work, to-wit: 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL FOR THE PERIOD 5/31/94 THROUGH 12/31/94 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 12TH day of MAY , 1994 (SEAL) (SEAL) RANDY BODHAINE INDEMNITY COMPANY OF CALIFORNIA (Principal (Surety) r By:'. (Signature) GAIL FOUSHEE,(Signature)ATTORNEY-IN-FACT (SEAL AND ACKNOWLEDGEMENT OF NOTARY) �S '• 8TX1'H OF('ALIFORI[A COUNTY OF CONTRA COSTA 4ti. On MAY 12, 1994 , hetore i»e, N. DELFINA BROOKS _ PERSONALLY APPEARED GAIL FOUSHEE.. personally known to me(or provided to me on the basis ol'satisfac tore _ -- evidence)to he the person(sl whose nante(s)is/are suhserihed to the x within instrtmmnt and acknowledged icy me that hei•she;they executed thetieuneinlri Jher/theirauthorizedcaparity(iesl,anclthalbyhis/her/ their,ignaturew on the instrument the pelsunlsl,or the entity upon 0. hehalfofwhich the person(s)acted.executed the instrument. lg� d F W1"fNh.SS my hand and of ficial:;cal. 0FFtCIAL SEAL_N. DELFlNA BROOKS p NRARY PUBLIC—CAI:row,11A n `L'tr COhTti COUNTY COSTA COUN{Y �tCC`sMY Jan. 13.1995 Signature �.�• ����� -- I This rvrn(,r!>jjn•ir+!:�5[nriid.Weret • .s i0 081 10192 ACKNOWLEDGMENT State of California ) ss . County of Contra Costa ) On ' 9�5� , before me, Kathleen A. Vota, per nal y appeared personally k own to me to be the person(s) whose name(s ) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature( s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument . :,.. Kathlavt;A. Vota� WITNESS my hand and official seal . U °om°' hitozz�st ` S ��,, VOTARY PU^Lt. ALIrOANtF;b `Y\`� CONTR;.COSTA COUNTY Ci [ Seal ] �c'rov COMM E iros ADr"F 22,1039--s i Kathleen A. Vota APPENDIX 3 PAYMENT BOND Bond No. 151015P Premium INCLUDED IN PERFORMANCE BOND Any claim under this Bond should be sent to the following address : 17780 FITCH IRVINE, CA 92714 PHONE: (714)263-3300 KNOW ALL MEN BY THE PRESENTS: That we, RANDY BODHAINE as Principal, and INDEMNITY COMPANY OF CALIFORNIA , a corporation organized and existing under the laws of the State of CALIFORNIA — and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto MORAGA, ORINDA, AND WEST COUNTY FIRE PROTECTION DISTRICTS, as Obligee, in the sum of ($60,032.00----) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated MAY 16, 1994 —, with the Obligee to do and perform the following work, to-wit: 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL FOR THE PERIOD 5/31/94 THROUGH 12/31/94 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 12TH day of MAY 1994 (SEAL) (SEAL) RANDY BODRAINE INDEMNITY COMPANY OF CALIFORNIA (Principa (Surety) By: BY: (gignature) GAIL FOUSHEE, (Signature) ATTORNEY-IN-FACT (SEAL AND ACKNOWLEDGEMENT OF NOTARY) Jt POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 133922 P.O. BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***ALBERT E. HART, SHEILA STEVENS, GAIL FOLISHEE, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds.guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24.1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 00 By L U r By V r Da a F.Vincenti,Jr. DF.Vincenti,Jr. President o�P AMY o� DIF. 5\N s uqq �`,pPOg4" 0 o�?G�pFOR,y(17 1p^ z OCT.S, -� NAR 2T, o ATTEST 1967 C, ATTEST i i S0 �!/FORp�4\? 1878 Aj�� n�!IFpiiN�T?D A�6& By (/t �"r By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. rte• OFFICIAL SEAL Signature TIRESA TAAFUA �� � ~+ NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ut ORANGE COUNTY • My Commission Exp.Aug.4,1995 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 12TH day of MAY '1994 INDEMNITY COMPANY OF CALIFORNIA PANy DEVELOPERS INSURANCE COMPANY p 9\Nslip 4 �Gc�pPCR4f C, �P`�pPCR,7l p By (L�`� `"7l ./ 1 r OCT.S By j MAR.2T. o i ,,, 1967 0 / ` 7 1878 X L.C.Fiebiger n� \lv,`a L.C.Fiebiger v n Senior Vice President /FO% 4\ Senior Vice President QF 1k r� 1D-310 REV.4/93 .q S'I FE OF CALTF012\7A CONTRA COSTA ('0(.:ti'I')7OF---------- -- ----- e On —._—_.MAY 12, 1994 —_ _ —,—_—,—_•hefc/re me. _N. DELFINA BROOKS ----—--- I 1'ERS0\AL0'API'EAJM)_--GAIL FQ[T.S EZ-----.-------- -.--.---_- --.- ---- - personally known tomc(ot•pry}videcitomevnthe ho-asivoi'-:ati�i<tc'tCl2,v-------- ------ -- --- — — • I W f•tidence)to he the person(,)whose name(s)is/are Subscribed to the x taithininstrument Band acknowledged tome that he/she/they'executed I he same in his/herh hcirauihoriurd capac•it'v6esl.and that b}his/her/ .� their signature(,m on the itlstIVIDeot the t>el:v<rntst,or the entity upon �. A. beholf of which the persnnts)acted.executed the instrument. d OFFICIAL SEAT F Wl'I'NESS m1v hand and ofl'ic•ial seal. r°" N. DELFINA BROOKS ✓ ^� NOTARI'Ptlt3ttC—CRttFt3iiV1A i ' CONTRA COSTA COUNTY E My cummissinn expires Jsn.13.1995 'l'hrJ rirrr�(,,r of,i& LAS,taru.!�rril 10 081 10/92 ACKNOWLEDGMENT State of California ) : ) ss . County of Contra Costa ) On - s, / , before me, Kathleen A. Vota, per ;'nal y appeared AAJDY, ^%f/R/ C personally known to me to be the person(s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. **Ncomm. Kathleen A. Vota Comm.rit022454WITNESS my hand and official seal . OTARY PUBLIC CAGIFORNIA�CONTRA COSTA ii 22, TY 199Cl Expires April 22,1988 [Seal] Kathleen A. Vota APPENDIX 2 PERFORMANCE BOND PRUIUM IS FOR CONTRACT TERM. AND IS SUBJECT TO ADJUSTMENT Bond No. 151015P BASED ON FIN4 CONTRACT MIME. Premium $3,002.00 Any claim under this Bond should be sent to the following address : 17780 FITCH - IRVINE, CA 92714 PRONE: (714)263-3300 KNOW ALL MEN BY THE PRESENTS: That we, RANDY BODHAINE as Principal, and INDEMNITY COMPANY OF CALIFORNIA , a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in the State of California, as surety, are held and firmly bound unto MORAGA,, ORINDA, AND WEST COUNTY FIRE PROTECTION DISTRICTS, as Obligee, in the sum of ($60,032.00----) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated MAY 16, 1994 -, with the Obligee to do and perform the following work, to-wit: 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL FOR THE PERIOD 5/31/94 THROUGH 12/31/94 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 12TH day of MAY 1994 (SEAL) (SEAL) RANDY BODHAINE INDEMNITY COMPANY OF CALIFORNIA (Principal (Surety) By: BY: ( gnature) GAIL FOUSHEE,(Signature)ATTORNEY-IN-F,&,r-T (SEAL AND ACKNOWLEDGEMENT OF NOTARY) b s'I:4'I'E OF('ALIFORNIA A coy. v rNCONTRA OF _ _ COSTA On ._MAY. 12, 1994 _— before me. N. DELFINA BROOKS PERSO.NALL1`APPEARED GAIL FOUSHEE — personally known to ine(or prox ided to on the hasis of satisf".1don — --- -- �. evidence)to he the person(s)whose name(s)is/aur subscl-ihed to the within instniment and acknowledged to me that he/she/they executed W thesanteit,his/her/theirauthori2edc•apac•it (iesl.andthatbyhis/her/ their signature(s)on the instrument the persunlsl.or the entity upon behall'of'whic•h thex•r:;on(s)ac (•ted,exeuted the instruulent. s� d f ,v:i.a' "..t r:".S't:T,.s9, „-'' '...laia•?'�S.t-_€,�;.,..:�..t:•r^ F WFFNESS my hand and of'f'icial seal. O F F'I C I SEAL N. DLLFINA BROOKS NOTARY PU&!C---CALIFORNIA CONTRA COSTA COUNTY 1 My comm rsioo expire:Jar. 13.1995 77ii• n pw rIj(i,ml'N,aarwl�,•n; ID 081 10192 State of California ) ss . County of Contra Costa ) On before me, Kathleen A. Vota, pers0A lly appeared _?A,uby �,�H%iyi✓ , personally kno n to me to be the person(s ) whose name(s ) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies ) , and that by his/her/their signature( s ) on the instrument the person( s ) , or the entity upon behalf of which the person( s ) acted, executed the instrument . _ LO Kathleen A. Vota WITNESS my hand and official seal . Urfa' ` Comm.01,022454 NOTARY PUBLIC CALIFCRNIT CONTRA COSTA COUNTY C• f1 �� [ Seal ] '.o Comm.Expires April 22,1990 R Kathleen A. Vota APPENDIX 3 PAYMENT BOND Bond No. 151015P Premium INCLUDED IN PERFORMANCE BOND Any claim under this Bond should be sent to the following address : 17780 FITCH IRVINE, CA 92714 PHONE: (714)263-3300 KNOW ALL MEN BY THE PRESENTS: That we, RANDY BODRAINE as Principal, and INDEMNITY COMPANY OF CALIFORNIA , a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto MORAGA, ORINDA, AND WEST COUNTY FIRE PROTECTION DISTRICTS, as Obligee, in the sum of ($60,032.00----) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents . THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated MAY 16, 1994 —, with the Obligee to do and perform the following work, to-wit: 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL FOR THE PERIOD 5/31/94 THROUGH 12/31/94 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 12TH day of MAY 1994 (SEAL) (SEAL) RANDY BODHAINE INDEMNITY COMPANY OF CALIFORNIA (Pri ci 1) (Surety) By: BY: /(Signature) ~ GAIL FOUSHEE, (Signature) ATTORINEY-IN-FACT (SEAL AND ACKNOWLEDGEMENT OF NOTARY) POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 133923 P.O. BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ""ALBERT E. HART, SHEILA STEVENS, GAIL FOUSHEE, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000) in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By U;4ayi, By Lid 0'�Usl Da F.Vincenti,Jr. PANT Dan F.Vincenti,Jr. President o� o� President y•NsuRq �4�pPOR,�rf 1Z 14 POR,ylyF i OCT.5. � � ��♦MAR 27, � 0 ATTEST 1367 T ATTEST i 1978 ; n / �n♦r L By By rFOp�\'\� f41FORN\p*� Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ------------- OFFICIAL SEAL �' `- TIRESATAAFUA Signature ��~� NOTARY PUBLIC-GAL IFORNIA ♦ �� PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Aug.4._1995 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards'of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California,this 12TH day of MAY INDEMNITY COMPANY OF CALIFORNIA ADEVELOPERS INSURANCE COMPANY • pMPN►'o y�NSURq AO4,4 POR4 C, RR �P`ppPO B ` — r OCT.S. f� r B _ G -- w? 2T, c� r p Y ��- 1967 :i Y c— � MAR.1978 L L.C.Fiebiger a L.C.Fiebi er n Senior Vice President �TTFOA Senior Vice President G '</F3R*\ ID-310 REV.4/93 CERTIFICATE OF INSURANCE May 13, 1994 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend,alter the coverage afforded by the policies listed below. PRODUCER C Letter A The Travelers Insurance Company Thoits Insurance Service, Inc. O 250 Cambridge Avenue, Suite 300 M Letter B Palo Alto,CA 94306-0190 P A Letter C INSURED N Randy Bodhaine I Letter D PO Box 23493 E Pleasant Hill,CA 94523 S Letter E This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown mayhave been reduced by paid claims. ------------------=-----------------------------------------------COVERAGES---------------------------------------------------------------------------------- Co Ltr Type of Ins. Policy# Policy Eff Policy Exp Limits ---GENERAL LIABILITY -------------------------------------------------------------------------------------------------------------------------------------- A (X)Commercial GL 680273G2193TIL 04/16/94 04/16/95 Gnl Aggregate $2,000,000 ( )Claims Made Prd-CompOp Agg $2,000,000 (X)Occurrence Pers&Adv In $1,000,000 ( )Owners&Contr Each Occur $1,000,000 ( ) Fire Damage $ 50,000 ( ) Medical Exp $ 5,000 ---AUTOMOBILE LIABILITY-------------------------------------------------------------------------------------------------------------------------------- A ( )Any Auto 660882J7682TIL 02/27/94 02/27/95 CSL $ 600,000 (X)All Owned B. I./Person $ ( )Scheduled B. I./Accident $ (X)Hired P.D: $ (X)Non-Owned ( )Garage Liability ---EXCESS LIABILITY----------------------------------------------------------------------------------------------------------------------------------------- ( )Umbrella Form Each Occur ( )O.T.Umbrella Aggregate ---WORKERS'COMPENSATION---------------------------------------------------------------------------------------------------------------------------- ( )W.C. STATUTORY Employers Liability Each Accident Disease/Pol ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ DESCRIPTION OF Operations/LocationsNehicles/Restrictions/Special Items The Contractor will at its own cost and expense, in a work-rnwrilike manner,faithfully and fully do all the.work and furnish all the equipment and materials necessary to complete, in accordance with the Abatement Specifications and related contract documents hereinafter mentioned,to the satisfaction of the Fire Chief of the Public Agency,the correction and abatement of fire hazards from the properties set forth by the Public Agency. By endorsement to Policy No. 680273G2193TIL,Moraga, Orinda and West County Fire Protection Districts,their officers,employees and agents are named as additional insureds solely as respects the above listed job. CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will MYMUMU mail 30 days written notice to the certificate holder named below bl�lA RI?I ?RX> }IR�Rl+ i Authorized Representative NAME and ADDRESS of CERTIFICATE HOLDER Moraga, Orinda and West County Fire Protection Districts c/o Contra Costa County Fire Protection District 2010 Geary Road Pleasant Hill,CA 94523 BODHAINE.CER %, COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page I of 1 NB STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 1340807 - 94 . ISSUE DATE: 04-01-94 CERTIFICATE EXPIRES: 04-01-95 WEST COUNTY FIRE PROTECTION DISTRICT ATTN: R.L. DAVIS 2010 GEARY ROAD PLEASANT HILL CA 94523 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. 9 This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT EMPLOYER'S LIABILITY LIMIT: $3,000,000.00 PER OCCURRENCE. STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 04/01/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: WEST COUNTY FIRE PROTECTION DISTRICT ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04/01/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LEGAL NAME RANDY BODHAINE BODHAINE, RANDY AND P 0 BOX 23493 BODHAINE, CATHY PLEASANT HILL CA 94523 PRINTED: 03-18-94 P0408 ' STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 12, 1994 POLICY NUMBER: 1540807 - 94 CERTIFICATE EXPIRES: 4-1-95 MORAGA,ORINDA & WEST CO. FIRE PROTECTION DISTRICTS C/O CONTRA COSTA CO . FIRE PROTECTION DISTRICT ATTN: LYNN JOHNSON - 2010 GEAR`( ROAD PLEASANT HILL CA 94525 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. X. " PRESIDENT EMPLOYER'S LIABILITY LIMIT: $5,000,000 PER OCCURRENCE. ENDORSEMENT 40015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/12/94 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: MORAGA,ORINDA & WE5T CO. FIRE PROTECTION DI5TRI1: EMPLOYER RANDY AND CATHY BODHAINE P.O. BOX 23491 PLEA5ANT HILL CA 94525 L SCIF 10262(REV. 10-86) BETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RIVERVIEW FIRE PROTECTION DISTRICT 1994 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING ON PRIVATE AND PUBLIC PROPERTIES AS ASSIGNED CONTRACT DOCUMENTS NOTICE TO CONTRACTOR ABATEMENT SPECIFICATIONS BID PROPOSAL ABATEMENT CONTRACT APPENDIX 1 : WORKERS COMPENSATION LIABILITY APPENDIX 2 : PERFORMANCE BOND APPENDIX 3 : PAYMENT BOND NOTICE TO CONTRACTORS Notice is hereby given by the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts of Contra Costa County (hereinafter referred to as "Fire District" or "District" ) , that the Fire District will receive bids for the abating of exterior fire hazards by discing, rotovating and dozing within the above Fire Protection District boundaries for 1994 . Each bid is to be in accordance with the Abatement Specifications relating thereto which are on file at the Contra Costa County Fire Protection District office, 2010 Geary Road, Pleasant Hill, California 94523-4694 . The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above- mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office. Bid Proposals shall be sealed and filed with the Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill, CA, 94523, on or before May 2 , 1994 , at 11 : 00 a.m. , and will be opened at Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill, at the time due and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one ( 1) bid for this contract will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control Program for review. The Administrator of the Exterior Hazard Control Program is the Fire Chief of the Riverview Fire Protection District, hereinafter referred to as the Fire Chief . The Fire Chief will recommend to the Board of Supervisors of Contra Costa County, as the governing board of the Fire District, the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form of contract. The right is reserved to reject any and all proposals . The successful bidder will be required to furnish a payment bond in an amount equal to fifty percent (50%) of the contract price and a faithful performance bond in an amount equal to fifty percent (50%) of the contract price, said bonds to be secured from a surety company authorized to do business in the State of California. Bidders are hereby notified that pursuant to Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained from the Director of the Department of Industrial Relations of the State of California the general prevailing rate of per them 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 them wages is on file with the Clerk of the Board of Supervisors , and incorporated herein by reference thereto, the same as if set forth in full herein. For any classification not included in the list, the minimum wage shall be the general prevailing rate for Contra Costa County. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. W.A.C. 94 - NC pl of 2 By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts . By: zk All Little, Fire Chief Publication Dates : (Pub. contract section 20812) Contra Costa Times : 04/20/94 & 04/25/94 Daily Ledger: 04/20/94 & 04/25/94 San Ramon Valley Times : 04/20/94 & 04/25/94 West County Times : 04/21/94 & 04/26/94 W.A.C. 94 - NC p2 of 2 SPECIFICATIONS FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING This Specifications document is intended to cooperate with the Notice to Contractors , Contract, Bid Proposal, and Orders as discussed herein, so that anything exhibited in the Notice to Contractors, Contract, Bid Proposal , and Orders not mentioned in the Abatement Specifications i•s'• totbe ..cons,idered as if exhibited, mentioned and set forth herein. SECTION A - DESCRIPTION OF PROJECT 1 . The Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts of Contra Costa County, hereinafter referred to as the "Fire District" or "District" , 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. pi of 8 THE POLICY OR POLICIES, OR RIDER ATTACHED THERETO, SHALL NAME THE BETHEL ISLAND, EAST DIABLO, OAKLEY, AND RIVERVIEW FIRE PROTECTION DISTRICTS, ITS OFFICERS AND EMPLOYEES, AS NAMED INSUREDS AND PROVIDE FOR AT LEAST THIRTY (30) DAYS WRITTEN NOTICE OF POLICY LAPSE OR CANCELLATION TO THE DISTRICT. Said public liability and property damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract in the amounts of not less than the following: ( 1) Limit of liability for injury or accidental death: one person. . . . . . . . . . . . . . . . . . . . .$1,000,000 one accident. . . . . . . . . . . . . . . . . . .$1,000, 000 ( 2) Limit of liability for property damage: one accident. . . . . . . . . . . . . . . . . . . $1 , 000 , 000 If the contractor fails to maintain such insurance, the Fire District will terminate this contract and deduct and retain a sufficient amount of money from any sums due the contractor under the contract to cover any damages which the Fire District may be liable to pay as a result of any uninsured operations by the contractor thereunder. Nothing herein contained shall be construed as limiting in any way the extent to which the contractor may be held responsible for payment of damages to persons or property resulting from the contractor' s operations or the operations of any subcontractor under him/her. 2 . Contract Bonds . The contractor shall, at the time of signing the contract, furnish two good and sufficient surety bonds of a surety company or companies authorized to do business in the State of California and satisfactory to the Fire District, covering the entire 1-year term of the contract, as follows : a bond in an amount equal to fifty percent (50%) of the total bid for one year ' s work for the payment of just claims for materials, labor and subcontractors employed by him/her thereon, and a bond in an amount equal to fifty percent (50% ) of the full amount of the total bid for one year' s work as surety for the faithful performance of the contract. 3'. The contractor shall comply with all local, State and Federal regulations applicable to labor, wage rates, hours of work, apprentices, aliens, subcontractors, and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per them wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. SECTION C - CONTRACTOR RESPONSIBILITIES 1 . The contractor shall furnish all equipment, material, supplies and labor when and where ordered, and pay all fees necessary to complete the work to the satisfaction of the Fire District. 2 . The contractor shall provide direct supervision of his/her employees and shall be responsible for correctly locating and abating all parcels designated for abatement. 3 . The contractor shall complete all work as described on work orders in a timely and professional manner to the satisfaction of the W.A.C. 94 - Spec. p2 of 8 Fire District. Abatement work orders issued to the contractor shall be completed within fourteen ( 14) calendar days from the date of issuance. The contractor shall return the work orders no later than fourteen ( 14) calendar days after the work is completed. 4 . There shall be at least one contractor' s representative (e.g. the owner, a supervisor or employee) who is fluent in English on the job site at all times to answer expressed concerns of involved landowners or residents and to address any on-site District staff concerns . 5 . The contractor shall, to the best of his/her ability, insure his/her employees are polite to the public at all times . 6 . The contractor shall not abate parcels where work orders have been issued, when the following conditions are found to be present: A. Any property that shows signs that abatement has been started, unless otherwise directed by the Fire District; B. Growing cropland or other cultivated vegetation, unless existence of crops or cultivated vegetation is noted on work order; C. If permission to enter upon any property is denied, or the workers are ordered off the property; or D. The actual work to be done exceeds 150% of the abatement specified in the work order. In such cases, all workers and equipment are to be removed and the Fire District notified as soon as possible. 7 . Where the contractor is unable to complete the work as ordered, the contractor shall inform the Fire District in writing within 48 hours stating why such work was not or cannot be completed as ordered. 8 . The contractor shall maintain an office and adequate office staff within 100 miles of the Fire District' s office to facilitate necessary communication. The contractor and office staff must be available for contact by the Fire District during the normal work day ( 8am to 5pm) . The contractor shall maintain records and reports relating to the contract work, which shall be available for inspection by the Fire District. 9 . The Fire Chief shall be informed at all times as to the amount of equipment the contractor has operating in the District at any time during this contract. When the contractor has less than the total number of equipment in operation required by this contract, the Fire Chief may order the contractor to place more equipment into operation. Upon notification by the Fire Chief, the contractor will have forty-eight (48) hours to put the additional equipment into operation. 10 . In accordance with Section 13 of the Abatement Contract, the contractor shall conform to the requirements of Section 4100 through 4113 of the Public Contract Code pertaining to subcontractors . 11 . The contractor shall comply with all local, state and federal regulations applicable to labor, wage rates, hours of work, apprentices, aliens, subcontractors, and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per them wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. W.A.C. 94 - Spec. p3 of 8 12 . The contractor shall at all times use the type of equipment that will do the ordered abatement satisfactorily and safely in the shortest amount of time, without creating erosion or slide problems . 13 . The contractor shall complete all abatement work in the orders to be issued by the Fire District or indicate the reason why not done. The work orders will consist of parcels identified by County Assessor parcel numbers . The area to be abated on each parcel will be specified in these orders for the abatement work on such parcels . 14 . The contractor shall provide a sufficient number of good quality photographs not less than 3" x 3" in size to show the condition of each parcel just before the abatement work begins and the condition of the parcel upon the completion of the work. Before and after photographs shall be taken from the same location. Each photograph shall be identified by parcel number and date the photograph was taken. The photograph will be given to the Fire District by the contractor at the time of invoicing for work completed. Invoices without good quality photographs will not be accepted for payment. The photographs will become the property of the Fire District. All costs for cameras and photographs shall be included in the bid price. 15 . The contractor shall be solely responsible for satisfactorily repairing or replacing anything damaged, such as water pipes, fences , gates , landscaping, etc. , by his/her employees and/or equipment. 16 . The contractor shall submit invoices at least every two weeks, unless a different length of time is approved by the Fire District. SECTION D - FIRE DISTRICT RESPONSIBILITIES AND PREROGATIVES 1 . The Fire Chief, as Administrator of the Exterior Fire Hazard Control Program, shall have final determination as to any conflict, dispute, changes or amendments, and shall be the sole judge concerning the intent of the contract documents . 2 . The Fire District reserves the right at any time during the period set for performance of the work to: A. Specify a particular method of abatement and type of equipment for any given parcel; B. Add to the amount of work to be completed; C. Remove certain work from the list (Orders ) ; D. Schedule certain work as to date work is to be performed. 3 . The Fire District will provide work orders giving the following information: A. County Assessor' s parcel number; B. Address and/or street name when possible; C. A copy of the map page from the County Assessor' s map book to identify the parcel to be abated; D. Description of work to be done; E. Recommended type of equipment; and F. The District may, if it deems it appropriate, provide photographs to identify difficult to locate parcels to be abated. W.A.C. 94 - Spec. p4 of 8 4 . The Fire District may amend the contract to add additional areas and properties for abatement, and the contractor has thirty ( 30) days after notification in which to accept the amended documents . If said acceptance is not verified within such period, the contract is thereupon terminated and no further work or compensation therefore shall be due or allowed under the contract. SECTION 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 three ( 3 ) tractors shall be needed. Two ( 2 ) tractors shall be of the wide track crawler type for extremely steep areas and one ( 1) tractor shall be a wheel tractor for discing and rotovating level areas . Each tractor is to be provided with a disc of suitable type, weight and size as required to perform the best discing possible regardless of soil conditions or terrain. B. Rotovating. The contractor shall provide a minimum of one ( 1) 60" rotary tiller. Parcels of property may be ordered abated by a tractor drawn rotary tiller. Such tilling shall destroy and bury the grass and/or weed growth existing at the time of abatement. C. Dozing. The contractor shall provide a minimum of one ( 1) track layer type with a hydraulic operated angle blade. A dozer may be used. to level mounds of dirt prior to discing or rotovating, to clear large areas of debris or to establish firebreaks in brush areas . The dozer shall not count as one of the track layers required in Section A above. 6 . In addition, the contractor must provide: A. Sufficient transporting equipment to maintain efficient utilization of equipment; B. Arrangements for the storage, maintenance and repair of abatement equipment; C. Cameras and film, including backup cameras for repair replacement; and D. A means of communication, such as a 2-way radio system or cellular telephones, suitable for reaching all sections of the Fire District. The contractor shall provide a sufficient number of communications devices for each of the following: 1 . Job superintendent W.A.C. 94 - Spec. p5 of 8 2 . Discing crew foreman 3 . Transport drivers 4 . Back-up devices for repair replacement, and 5 . Additional devices as needed to maintain efficient procedures . SECTION F TYPES OF ABATEMENT 1 . Methods . The method of correction and abatement shall be to the specifications and standards of the Fire District and may consist of one or more of the following: A. Discing B. Rotovating C. Dozing D. Various other methods of correction and abatement as directed in the Orders issued. 2 . Discing is the preferred method of abatement on 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 insufficient fuel to sustain or allow the spread of fire. Note: When soil conditions become dry and hard, usually about the middle of May, most parcels will require several discings. 2 . Complete Abatement. Where complete abatement is required, as much of the entire parcel as possible shall be abated in accordance with the above quality standard. 3 . Firebreaks . Firebreaks shall be installed in accordance with orders issued by the Fire District. W.A.C. 94 - Spec. p6 of 8 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 Contract Code. Such securities, if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final . 9 . Invoices will consist of: A. Original work orders indicating that each item has been completed or reason for non-completion indicated. The work order shall include the following information. i . Date or dates work done. W.A.C. 94 - Spec . p7 of 8 For work orders issued by area, the unit price shall be listed. For work orders issued by hour, the contractor shall indicate number of employees and actual number of hours each employee worked for each date. Hours charged shall be in 15 minute increments . Hours charged shall be for the actual time of abatement. iv. Total contractor charge for each work order. V. Sufficient number of good quality before and after photographs attached to the work order to document the conditions before work starts and the adequacy of the work done. B. Typed list giving parcel numbers, in numerical order, the total charges for each parcel and the total charge for the invoice. 10 . Any request for a change in the charges invoiced for a parcel shall be made in writing with an explanation of the reason the change is being requested. W.A.C. 94 - Spec . p8 of 8 BID PROPOSAL BETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RIVERVIEW FIRE PROTECTION DISTRICT 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY DISCING, ROTOVATING AND DOZING ON PRIVATE AND PUBLIC PROPERTIES AS ASSIGNED For the performance of exterior fire hazard abatement work in the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts hereinafter referred to as the "Fire District" or "District" . Name of Bidder: H & N Enterprises Business Address : 6582 Tassajara Road Pleasanton, CA 94566 Place of Residence: 6407 Tassajara Road Pleasanton, CA 94566 The undersigned hereby offers to furnish all equipment, materials and labor where ordered, and to do the work necessary to complete the project as described in the Notice to Contractors in accordance with the Abatement Contract and Abatement Specifications relating thereto which are on file at the Fire District office at the unit prices set forth on Page 3 of this proposal at a total bid amount of : Twenty-Six Thousand Three-Hundred Eighty-Five Dollars (total amount of composite bid from Page 3 of the Bid Document) Dollars $ 2 6 , 3 8 5 . 0 0 The work will be done pursuant to the said Abatement Specifications and the Orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed, analyzed, and evaluated by the Fire District after the public opening of the bids by the Contra Costa County Fire Protection District, prior to the award of the contract by the Contra Costa County Board of Supervisors to the lowest responsible bidder. And further, the undersigned agrees to enter into a contract with the Fire District to do the work as provided above if awarded the contract and to furnish the prescribed bonds and insurance. CONTRACTOR (General) AUTHORIZED SIGNATURE ' DATE : XAA_e_ C� NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 1-5 OF THE BID PROPOSAL W.A.C. 94 - BP pl of 5 I I . BIDDING INFORMATION AND REQUIREMENTS A. The hourly rate is to be figured in man hours . Example: if two people each work one half hour, the charge will be for one hour' s work. B. PRE-BID INFORMATION MEETING Attendance by a representative of any company bidding this contract is required at a meeting that will be held at the Contra Costa County Fire Protection District office at 2010 Geary Road, Pleasant Hill, April 19, 1994 at 3 : 00 p.m. W.A.C. 94 BP p2 of 5 BID PROPOSAL DISCING DISCING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 0 - 11 ,000 sq. ft. 10 Lots ea. 70 . 00 700 . 00 11 , 001 - 22 , 000 sq. ft. 10 Lots ea. 70 . 00 700 . 00 22 , 001 - 33 , 000 sq. ft. 8 Lots ea. 80 . 00 640 . 00 33, 001 - 43, 560 sq. ft. 8 Lots ea. 90 . 00 720 . 00 More than 1 acre thru 10 acres 150 Acres Per Acre 80 . 00 12 , 000 . 00 More than 10 acres 50 Acres Per Acre 65 . 00 3 ,250 . 00 Hourly 50 Hours Per Hour 72 . 50 3 ,625 . 00 ROTOVATING ROTOVATING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 0 - 5 , 000 sq. ft. 5 Lots ea. 80 . 00 400 . 00 5,001 - 10,000 sq. ft. 5 Lots ea. 80 . 00 400. 00 10, 001 - 15,000 sq. ft. 2 Lots ea. 90 . 00 180 . 00 15, 001 - 20 , 000 sq. ft. 2 Lots ea. 90 . 00 180 . 00 Hourly 20 Hours Per Hour 79 . 50 1,590 . 00 DOZING DOZING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY Angle Dozer & Operator 40 Hours Per Hour 50 . 00 2 ,000 . 00 TOTAL COMPOSITE BID $ 26 , 385 .00 COMPENSATION SHALL BE MADE FOR THE TYPE OF WORK COMPLETED AT THE UNIT PRICE LISTED PER METHOD OF ABATEMENT WORK. The Contract will be awarded on the basis of the lowest composite bid and proven ability, dependability and responsibility, regardless of the individual unit prices listed for application. W.A.C. 94 - BP p3 of 5 1 . CONTRACTOR EXPERIENCE A. Number of years in professional weed abatement business: 17 _ years . B. List all weed abatement contracts you have had in the last five ( 5) years . Use additional page if necessary. ' YEARS NAME & ADDRESS OF CONTRACTING PARTY AMOUNT 1993 West County Mowing Contract 90-92 San Ramon Valley Fire 1993 City of Livermore 1993 City of Pleasanton Private Treaty 2 . EQUIPMENT List all equipment you have available for use in performance of this contract. Indicate the equipment required by this contract in Section E, Specifications for Exterior Fire Hazard Control, with an asterisk Use additional page if necessary. AMOUNT TYPE SIZE 3 . CONTRACTOR' S BUSINESS OFFICE: ADDRESS 6582 Tassajara Road Pleasanton, CA 94566 TELEPHONE ( 510) 828-9163 4 . SUBCONTRACTORS A. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent ( 5%) of the contractor' s total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. B. If it should become necessary to add or change subcontractors during the term of this contract, the Chief shall be informed immediately. C. Provide the following information about subcontractors : Name: NONE Years of Experience: Address : Phone #: Amount & Type of Equipment Provided: W.A.C. 94 - BP p4 of 5 Name: Years of Experience: Address : Phone Amount & Type ,of Equipment Provided: Name: Years of Experience: Address : Phone #: Amount & Type of Equipment Provided: W.A.C. 94 BP p5 of 5 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, East Diablo, Oakley, and Riverview Fire Protection Districts, hereinafter referred to as "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: $ 2 . 00 ( for unit price contracts , more or less, in accordance with finished qualities at unit bid prices ) . W.A.C. 94 AC pi of 6 2 . SIGNATURES AND ACKNOWLEDGEMEW. FIRE DISTRICT: by: � _ ................. Chairman, Board 6f-�,� I) u�a+�rvis r3' Phil Batchelor, Clerk of the Board of Supervisors an ountyAdministrator C;e' ''y CONTRACTOR: hereby also acknowledging awareness of and compliance with Labor Code Sectipns 1861 and 3700 concerning Worker' s Compensationa/fv- (iTesignate by: official capacity in the business) by: (Designate official capacity in the business ) Taxpayer Identification Number: �� p?�2 "" J S Note to Contractor: ( 1) Execute acknowledgement form below, and (2) if a corporation, signatures must conform to designated representative groups pursuant to Corporations Code Section 313 . State of California } ACKNOWLEDGEMENT } (By Corporation, Partnership, County of CO&j-111 COSIA } or Individual) prafed 40 me basks' yAsis 04AWYev e- The person(sy signing above for Contractor,n k }^ FRe ' n 1ad!AAdtm1 a,ft"­ personally appeared before me todiMethat d acknowledged that he she/they executed it, and acknowledged to the partnership med above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors . DATED: Za a east+o4aCaS4aaaaE:Lei`9�+L+9acaA4a 10 (NOTAVI :d..., E-WDRA J. ROGERS Z ' COMM. 4950084 g NOTAR PUBL als, P `y"' ;`j. NOTARY PUBLIC-CALIFORNIA P CONTRA COSTA COUNTY My Comm.Exp.Dec.25,1995 s Form approved'P**Vt! dtta*J**gWESTMAN �. COUNTY COUNSEL BY: Diana . Silve Deputy County Counsel i 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, these parties promise and agree as set forth in this contract, incorporating by these references the material ( "special terms" ) in Section 1 . B. Contractor shall, at his/her own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete the work; and will furnish all materials , labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Fire District' s Notice to Contractors , Proposal, Orders and Abatement Specifications. C. The work can be changed only with the Fire District' s prior written order specifying such change and its cost agreed to by the parties; and the Fire District shall never have to pay more than specified in Section 7 without such an order. 5 - , TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the orders and complete it as specified in Section 1 . 6 . INTEGRATED DOCUMENTS . The Notice to Contractors , Bid Proposal, Orders and Abatement Specifications or special provisions of the Fire District' s call for bids, and contractor' s accepted bid for this work are hereby incorporated into this contract, and they are intended to cooperate, so that anything exhibited in the Notice to Contractors , Bid Proposal, and Orders not mentioned in the Abatement Specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by the Fire District' s agent specified in Section 1 . 7 . PAYMENT. For the strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Fire District shall pay the contractor the sum specified in Section 1 , except that in this unit price contract, the- payment shall be for finished quantities by hours or at unit bid prices in accordance with the Abatement Specifications . 8 . PAYMENTS WITHHELD. A. The Fire District or its agent may withhold any payment, or because of later discovered evidence, nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Fire District from loss because of : 1 . defective work not remedied, or uncompleted work, or 2 . claims filed or reasonable evidence indicating probable filing, or 3 . failure to properly pay subcontractors or for material or labor, or 4 . reasonable doubt that the work can be completed for the balance then unpaid, or 5 . damage to another contractor, or 6 . damage to the Fire District, other than damage due to delay. W.A.C. 94 - AC p3 of 6 B. The Fire District shall use reasonable diligence to discover and report to the contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the contractor in making good any defective work or parts. C. 10% of each progress payment paid the contractor for work completed will be withheld until on or about December 31 . This money will be released after deducting for all overpayments or payments in error that may have been made during the year, and provided there are no damage claims remaining against the contractor, all claims for labor and materials have been resolved, no claims have been presented to the Fire District based on acts or omissions of the contractor, no unresolved liens or withhold notices have been filed against the work or the site, and there are no reasonable indications of defective or missing work or of late recorded liens or claims against contractor. The contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the Fire District, by depositing securities of equivalent value with the Fire District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final . D. Following completion of the work, Fire District will file a Notice of Completion and Resolution of Acceptance with the Contra Costa County Board of Supervisors, and thereafter cause the same to be recorded at the Contra Costa County Recorder' s office. Recording of the Notice of Completion and Resolution of Acceptance shall not affect the Fire District ' s right to withhold 10% of the progress payments under Subsection 8, c, above. 9 . INSURANCE (Labor Code Sections 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 2 and 3 . 11 . FAILURE TO PERFORM. If the contractor at any time refuses or neglects , without fault of the Fire District or its agent(s ) , to supply sufficient materials or workers to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Fire District, the Fire District may furnish same and deduct the reasonable expenses thereof from the contract price . The Fire District may terminate this contract by registered mail where the contractor fails to provide sufficient workers and equipment as previously ordered. The Fire District' s determination shall be final and conclusive as to sufficiency of workers and equipment. W.A.C . 94 - AC p4 of 6 12 . LAWS APPLY (GENERAL) . Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter 1 of Part 7 of the California Labor Code, Section 1720 et seq. and including Sections 1735, 1777 . 5 and 1777 . 6, and intend that this contract complies therewith. The parties stipulate that the relevant penalties and forfeitures provided in the Labor Code, including those contained in Sections 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract. 13 . SUBCONTRACTORS. A. Public Contract Code Sections 4100-4113 are incorporated herein. B. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent ( 5%) of the contractor' s total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. C. If it should become necessary to add or change subcontractors during the term of the contract, the Chief shall be informed immediately. 14 . WAGE RATES. A. Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages per diem, and for holiday and overtime work in the locality in which this work is to be performed for each craft, classification, or type of worker needed to execute this contract, and said rate is on file with the Clerk of the Board of Supervisors, and is incorporated by reference thereto, the same as if set forth in full herein. B. This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours is worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. C. The contractor and all subcontractors must pay at least these rates to all persons on this work, including all travel, subsistence and fringe benefit payments provided for by applicable collective bargaining agreements . All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is specified, the contractor shall immediately notify the Fire District, which shall promptly determine the prevailing wage rate therefore and furnish the contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15 . HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day' s work, and no worker employed at any time on this work by the contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815 . 16 . APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777 .5 and 1777 . 6 (discrimination prohibited) . W.A.C. 94 - AC p5 of 6 17 . PREFERENCE FOR MATERIALS. The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products, workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal . 18 . ASSIGNMENT. This agreement binds the heirs, successors , assigns and representatives of the contractor; but he/she cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Fire District and the contractor' s surety or sureties , unless they have waived notice of assignment. 19 . 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 STATE OF CALIFORNIA COUNTY OF Alameda SS. On June 1, 1994 ,Before me, Patricia J.Konrath,Notary Public PERSONALLY APPEARED Paul J.Konrath personally known to me(or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. DIF , PA'fWCIA J.KONI III eCOMM R10U9'[2jNOTARYPOUIX (: JVOPUNIAWITNESS my hand and official seal. AIAMRAA COUNTY N My Comm.VxprreaPeb 19. 1998 Signature This area for Official Notarial Seal STATE OF CALIFORNIA - COUNTY OF Alameda } SS. On June 1, 1994 ,Before me, Patricia J.Konrath,Notary Public u PERSONALLY APPEARED Paul J.Konrath personally known to me(or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon ���.=�---- behalf of which the person(s)acted,executed the instrument. ° PSHU(,IA J.KONMI-1-1 �a COMM0 1009225 tD NOTARY P11111R. CAUVORNIA y i WITNESS my hand and official seal. AIAMHDA COUNTY N My Comm.Fxprreb I�eb 19..1998_ � rr Signature This area for Official Notarial Seal APPENDIX 2 Ar PERFORMANCE BOND Bond No. 1139795P Premium $660.00 Any claim under this Bond should be sent to the following address : 17780 Fitch Irvine, CA 92714 (714) 263-3300 KNOW ALL MEN BY THE PRESENTS : That we, H & N Enterprises as Principal , and Indemnity Company orniaa corporation organized and __'�7_'_California existing under the laws f Tj��State f-. and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto BETHEL ISLAND, EAST DIABLO, OAKLEY, AND RIVERVIEW FIRE PROTECTION DISTRICTS, as Obligee, in the sum of $1,3,192.50 lawful money of the United States of America, for the payment of which'- sum well and truly to be made, we bin*d ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally, firmly by these presents . THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated May 24, 1994 , with the Obligee to do and perform the following work, to-wit: 1994 Abatement Contract for Exterior Fire Hazard Control by Discing, Rotovating and Dozing as is more specifically set forth in the contract documents , reference to which is hereby made. NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect . PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents , shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that it 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 Linder the terms of' this bond. SIGNED AND SEALED, this 1st day of June 1994 ( SEAL) ( SEAL) H & N Enterprisest:!� Companyof California C ail) ( Surety) BY: ( Signature) (-Signature) Paul J. Konrath, Attorney-in-Fact ( SEAL AND ACKNOWLEDGEMENT OF NOTARY) 4 APPENDIX 1 CONTRACT: �(_' lQi (�;rp fA7-1/JG A/3D CONTRACTOR: _ Ig EAI 3,5 CERTIFICATION BY CONTRACTOR (LABOR CODE SECTION 1861 ) TO BETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RIVERVIEW FIRE PROTECTION DISTRICT I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that 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 CONTYgn BY: (Dese official capacity in business ) BY: (Designate official capacity in business ) APPENDIX 1 1 STATE OF CALIFORNIA COUNTY OF Alameda SS. On June 1 , 1994 ,Before me, Patricia J.Konrath,Notary Publlc PERSONALLY APPEARED Paul J.Konrath personally known to me(or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon °` PA' IUCIA J. KONRATH behalf of which the person(s)acted,executed the instrument, ¢ + COMM #1009223 NOTARY PuBl1(. CAUVORNIA j AINM1'b.1 COIJN•IY My Carrnrtm.KA pias Feb 19 1998 WITNESS my hand and official seal. ' Signature This area for Official Notarial Seal STATE OF CALIFORNIA COUNTY OF Alameda SS.. On June 1 , 1994 ,Before me, Patricia J.Konrath,Notary Public Nd PERSONALLY APPEARED Paul J.Konrath personally known to me(or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon ° PA7RICIA J. KONkA•1.1.1 behalf of which the person(s)acted,executed the instrument. u¢ COMM #1009223 cr Q NOTARY PuBIJt. CAIdI;ORNIA AJAMIIb:c:OIJN'IY Iv My Cafifth.fiRPI rs Fcb 19. 1998 WITNESS my hand and official seal. b Signature This area for Official Notarial Seal APPENDIX 3 PAYMENT BOND Bond No. 139795P Premium included in Performance Bond Any claim under this Bond should be sent to the following address : 17780 Fitch Irvine, CA 92714 (714) 263-3300 KNOW ALL MEN BY THE PRESENTS : That we, H & N Enterprises as Principal , and _ Indemnity Company of California a corporation organized and existing under -the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto BETHEL ISLAND, EAST DIABLO, OAKLEY, AND RIVERVIEW FIRE PROTECTION DISTRICTS, as Obligee, in the sum of $13, 192.5.0 . lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally, firmly by these presents . THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated May 24, 1994 , with the Obligee to do and perform the following work, to-wit: 1994 Abatement Contract for Exterior Fire Hazard Control by Discing , Rotovating and Dozing as is more specifically set forth in the contract documents , reference to which is hereby made. NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code , with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney' s fee, to be fixed by the court . This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED, this 1st day of June 1994 ( SEAL) ( SEAL) . H S N Enterprises Indemnity Company of California n 91pal ) ( Surety) / By:_ /� _ ( Signature) Signature) Paul J. Konrath,-. Attorney-in-Fact ( SEAL AND ACKNOWLEDGEMENT OF NOTARY) • ✓" .4 .� 1 /... ., �� ��'���� C �� �� �; • POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA ' AND DEVELOPERS INSURANCE COMPANYN-o 195029 P.O. BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***PAUL J. KONRATH*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 07h—10 1 ),.,,'._.-�, P. 0- a, "'Ere By ' By Da-Te F.Vincenti,Jr. �pAll y Dan F.Vincenti,Jr. �Nsu President o o, President s R4 ��`OpPOB4ro i QkrG�pFOR4lh� ATTEST OCT.S, r—, ATTEST wAR.27, o 0 1367 L 1979 D Olk /�� By By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL Signature TIRESA TAAFUA =^ NOTARY PUBLIC-CALIFORNIA ♦ ; PRINCIPAL OFFICE IN ORANGE COUNTY ;p•' My Commission Exp.Aug.4,1995 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 1-St_day of J tme 199_ . INDEMNITY COMPANY OF CALIFORNIA s)AN), DEVELOPERS INSURANCE COMPANY Xp 6 p� Q1y N 9 R 44 POR4rf O 4 `OpPOR4l, OCT. Y By M �� �w 9J / kAR.2T, ` C.-C.Fiebiger �' 04 1361 \' a ` L.C.Fiebiger �, 1978 Senior Vice President y� //Fep4 ♦`� Senior Vice President '�/FOR♦��*� ID-310 REV.4/93 FILE No. 210 06/10 '94 10:58 ID:DIBUDUO & DEFENDIS 209 578 1841 PAGE 1 �» CC DATE(MWDDIYY) t��ii►!'�!1« 4I N 06/09/94 ,. PFIODU"R THIS CERTIFICATE IS ISSUED-AS A MATTER OF INFORMATION — ONLY& DeFend95 Insurance of Modesto ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 3242 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Modesto, CA 95353 COMPANIES AFFORDING COVERAGE COMPANY + ` A Golden Eagle Insurance Company INSURED COMPANY H & N Enterprises _. B _ Robert Nielson COMPANY 6582 Tassajara Road C Pleasanton, CA 94568 COMPANY D COVERAGES _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED 14EAEIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE I POLICY EYPIRA"OH 7801 TYPE OF INSURANCE POLICY NUMBER DATE(MMMONY) DATE(MUMONY) Lam GENERAL UASILMTY —^ GENERAL AGGREGATE t 2,000,OLaO X COMMERCIAL GENERAL MASILITV PTFODUCTS-C6 AIOP AGG $ 2.000,000— A ,000,000A CL.AIMfiMADE �0=UR FRP276436 06/07/94 06/47/95 PERSONAL AOVINJURY i 1,000,000 OWNER'S r CON'V PR07 EACH OCCURRENCE S 1 ,00 ,000 FINE DAMAGE(Any one Iirp) $ 50,000 MEU EXP(Any one parson) S 5 1000 AUTOMOBILE LIAHILRY COMBINED SINGLE LIMIT i ANY AUTO Z 000,000 A ALL OWNED AUTOS 80DILV RiJ1RY X BCNEDULED AUTb4 (Pa parson) s X HIRED AUTOS FRP276436 46/07/94 06107/95 BODILY INJURY i x NON-OWNED AUTOS (Par amdenp H --- PROPERTY DAMAGE s GARAGE LIABILITY AUTO ONLY-EA ACCOFNT i ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT i AGGREGATE i iF7ccam Li"OUT Y EACH OCCURRENCE i UMBREUA FORM I AGGREGATE III OTHER THAN UM8RELLA FORM I �� s WORKERS CLIMPENNSATIOM AND STATUTORY LIMITS FAMOYDO'LIABILITY EACH EACH ACCIDENT f THE PROPRIETOFir PARTNERWEXECUTIVE IN4L I DISEASE-POLICY LIMIT i I OFFICERS ARE: __ EXCL DISEASE-EACH EMPLOYEE S OT HOR i DDEBCAIPTIpN Cf Ot+ERATiONS1LOCATK}NSNENI LEWI CJAL ITEMS Certificate holder is named as additional insured as respects work performed by the named insured. RE: Bethel Island , East Diable, Oakley & Riverview Fire Protection District CEiM--F ATE HOLDER CANCELLATION �^ Beth el Island, East D i a h l e SHOULD ANY OF THE ADOVLE OF9CRIBED Pft= a MP CANCeLLE.D eEFURK THE Oakley & Riverview Fire CXAM*MM DATE 'M9REOF. THE 635UNG COWANY WMA. ENDEAVOR TO FAANL Protection District 30 DAYS WW7TEH NOTK+€TO THE CER1MiCATE HOLDER NAMW TO THE LEFT, 2010 Geary Rd BUT FAWURE TO MAN-WW N OTIOM 00"&POSE MO OALI"71001 OR UAMUTY P 1 ea w t Hill , CA 94523 IF rM UPM THE MWA14, IM AGSM OR WIRES MAmft A IR E6EliYA ACORD 25-5 3153 - ._..,...LL..,t.,. . ... .:,....1 _ . •. ..._ ON.1993 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 19, 1994 POLICY NUMBER: 005-94 UNIT 0076471 CERTIFICATE EXPIRES: 1-1_95 RIVERVIEW FIRE PROTECTION DISTRICT C/O CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 2010 GEAR`/ RD. PLEASANT HILL CA 94525 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/18/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY . NAME OF ADDITIONAL INSURED: RIVERVIEW FIRE PROTECTION DISTRICT EMPLOYER F ROBERT J. NIELSEN, JR. . 6582 TA55AJAPA PLEASANTON CA 94566 L SCIF 10262(REV. 10-86) STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION I NS U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 19, 1994 POLICY NUMBER: 005-94 UNIT 0076471 CERTIFICATE EXPIRES: 1-1-95 OAKLEY FIRE PROTECTION DISTRICT C/O CONTRA C05TA COUNTY FIRE PROTECTION DISTRICT 2010 GEARY RD. PLEASANT HILL CA 94523 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with. respect to which this certificate of insurance may be issued or may .pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. 0-01 PRESIDENT ENDORSEMENT 40015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/18/94 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: OAKLEY FIRE PROTECTION DISTRICT EMPLOYER ROBERT J. NIELSEN, JR. 6582 TA55AJAPA PLEASANTON CA 94556 L SCIF 10262 (REV. 10-86) STATE P.O.BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 19, 1994 POLICY NUMBER: 005-94 UNIT 0076-5-471 CERTIFICATE EXPIRES: EAST DIABLO FIRE PROTECTION DISTRICT C/O CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 2010 GEAR`! RD. PLEASANT HILL CA 94523 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to-cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. 0-0 / • ' V" PRESIDENT ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/18/94 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY . NAME OF ADDITIONAL INSURED: EAST DIABLO FIRE PROTECTION DISTRICT EMPLOYER ROBERT J. NIELSEN, JR. 5582 T455AJAPA PLEASANTON CA 94566 L SCIF 10262(REV.10-86) STATE P.O. BOX 420807,SAN FRANCISCO, CA 94142-0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 19, 1994 POLICY.NUMBER: 005-94 UNIT 0076471 CERTIFICATE EXPIRES: 1-1-95 BETHEL ISLAND FIRE PROTECTION DISTRICT C/O CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 2010 GEARY RD. PLEASANT HILL CA 94525 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may .pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT ENDORSEMENT 40015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/18/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. DAME OF ADDITIONAL INSURED: BETHEL ISLAND EMPLOYER F ROBERT J. NIELSEN, JR. 65£2 TA55AJARA PLEASANTON CA 94566 L SCIF 10262 (REV.10-86) BID PROPOSAL TRACTOR DRAWN MOWING TRACTOR MOWING ESTIMATED UNIT UNIT PRICE TOTAL PRICE AREA QUANTITY 0 - 11,000 sq. ft. 5 Lots ea. 70. 00 350. 00 11 , 001 - 22 , 000 sq. ft. 2 Lots ea. 85 . 00 170 . 00 22, 001 - 33 ,000 sq. ft. 2 Lots ea. 100 . 00 200 - 00 33,001 - 43, 560 sq. ft. 2 Lots ea. 125 -00 250. 00 More than I acre 2 Acres Per Acre 70 . 00 140.00 Hourly 20 Hours Per Hour 60 .00* 1,200-00 L $12 - 00 per foot of Clot RUBBISH REMOVAL BY TRACTOR RUBBISH REMOVAL ESTIMATED UNIT UNIT PRICE TOTAL PRICE BY TRACTOR QUANTITY Loader, Dump Truck and Operator 40 Hours I Per Hour 65 - 00 2 , 600 - 00 COMPENSATION SHALL BE MADE FOR ON SITE WORK ONLY, NOT FOR TRAVEL & DUMP TIME HAND MOWING BID PRICE TO INCLUDE REMOVAL & DISPOSAL OF ALL WEEDS AFTER MOWING WHEN ORDERED HAND MOWING AREA ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 0 - 2 ,500 sq. ft. 40 Parcels ea. 125 . 00 5,000 . 00 2 ,501 - 5 , 000 sq. ft. 30 Parcels ea. 180.00 5,400 .00 5 , 001 - 7 , 500 sq. ft. 10 Parcels ea. 255 . 00 2,550 .00 7 ,501 - 10 ,000 sq. ft. 10 Parcels ea. 325 . 00 3,250 . 00 10, 001 - 15 ,000 sq. ft. 5 Parcels ea. 475 . 00 2 , 375 . 00 15, 001 - 20, 000 sq. ft. 5 Parcels ea. 500- 00 2 ,500.00 20, 001 - 25 , 000 sq. ft. 5 Parcels ea. 550 .00 2,750.00 25, 001 - 30 ,000 sq. ft. 2 Parcels ea. 600 . 00 1,200 . 00 30,001 - 35,000 sq. ft. 2 Parcels ea. 630 .00 1 ,260 .00 35 , 001 - 40, 000 sq. ft. 2 Parcels ea. 675.00 1 ,350.00 40, 001 - 45, 000 sq. ft. 2 Parcels ea. 750 .00 1,500. 00 Hourly Mowing & Misc . Hand Work 100 Hours Per Man Hour 32 . 50 3 ,250 - 00 W.A.C. 94 - BP P3 of 6 I . BIDDING INFORMATION AND REQUIREMENTS A. The hourly rate is to be figured in man hours . Example: If two people each work one half hour, the charge will be for one hour' s work. B. Actual dump charges for rubbish removals will be in addition to bid prices and included on completed work orders . Receipts with parcel numbers must accompany work orders . Rubbish from more than one parcel can be on a receipt, but amount charged to each parcel must be indicated. C. PRE-BID INFORMATION MEETING Attendance by a representative of any company bidding this contract is required at a meeting that will be held at the Contra Costa County Fire Protection District office at 2010 Geary Road, Pleasant Hill, April 19 , 1994 at 3 : 00 p.m. W.A.C. 94 BP P2 of 6 BID PROPOSAL BETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RIVERVIEW FIRE PROTECTION DISTRICT 1994 ABATEMENT FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL ON PRIVATE AND PUBLIC PROPERTIES AS ASSIGNED For the performance of exterior fire hazard abatement work in the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts hereinafter referred to as the "Fire District" or "District" . Name of Bidder: H & N Enterprises Business Address : 6582 Tassajara Road Pleasanton, CA 94566 Place of Residence: 6407 Tassalara Road Pleasanton, CA 94566 The undersigned hereby offers to furnish all equipment, materials and labor where ordered, and to do the work necessary to complete the project as described in the Notice to Contractors in accordance with the Abatement Contract and Abatement Specifications relating thereto which are on file at the Fire District office at the unit prices set forth on Page 3 of this proposal at a total bid amount of : Fifty-Thousand Two-Hundred Ninety-Five Dollars ( total amount of composite bid from Page 4 of the Bid Proposal) Dollars $ 5 0, 2 9 5 . 0 .0 The work will be done pursuant to the said Abatement Specifications and the Orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed, analyzed, and evaluated by the Fire District after the public opening of the bids by the Contra Costa County Fire Protection District, prior to the award of the contract by the Contra Costa County Board of Supervisors to the lowest responsible bidder. And further, the undersigned agrees to enter into a contract with the Fire District to do the work as provided above if awarded the contract and to furnish the prescribed bonds and insurance. CONTRACTOR (General ) AUTHORIZED SIGNATURE DATE: / � NOT ViLkID:2UNLESS RETURNED WITH COMPLETED PAGES 1-6 OF THE BID PROPOSAL W.A.C. 94 BP pl of 6 8 . Work shall be performed under the general supervision of the Fire Chief, or an authorized representative of the Fire District, who shall have the authority to approve or reject any portion of the work, or to order the suspension of the work for cause. 9 . Payment for completed work will be made after the Fire District approves all work itemized on an invoice. Authorization for payment will be sent to the County Auditor-Controller's office within thirty ( 30) days after the invoice arrives at the District. 10 . 10% of each invoice payment will be withheld to cover any overpayment, or payment in error, or for 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 Contract Code. Such securities , if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final . 11 . Invoices will consist of: A. Original work orders indicating that each item has been completed or reason for non-completion indicated. The work order shall include the following information. i . Date or dates work done. ii . For orders issued by area, the unit price shall be listed. iii . For orders issued by hour, the contractor shall indicate number of employees and actual number of hours each employee worked for each date. Hours charged shall be in 15 minute increments . Hours charged shall be for the actual time of abatement. iv. Total contractor charge for each work order. V. A copy of the receipt for dump charges shall be attached to all work orders for rubbish removal . vi . Sufficient number of good quality before and after photographs attached to the work order to document the conditions before work starts and the adequacy of the work done. B. Typed list giving parcel numbers, in numerical order, the total charges for each parcel and the total charge for the invoice. 12 . Any request for a change in the charges invoiced for a parcel shall be made in writing with an explanation of the reason the change is being requested. W.A.C. 94 - Spec. p8 of 8 2 . Firebreaks . Firebreaks shall be installed in accordance with the orders issued by the Fire District. 3 . Mowing. Parcels abated by mowing shall be completed so that all weeds , grass or other vegetation or organic material which could be expected to burn, shall be cut to a height of not more than two ( 2 ) inches . 4 . Removal . Grass and weeds that are cut by hand shall be removed from within 30 feet of structures and disposed of in a manner approved by the Fire District. Additional removal of grass and weeds may be required in accordance with orders issued by the Fire District. 5 . Tree and Brush Removal. Trees shall be cut down to near ground level and all branches 2 inches or less in diameter removed or chipped up. 6 . Chipping. Wood chips from tree trimmings and brush shall be spread to not more than 3 inches in depth. SECTION H - PAYMENTS 1 . The contractor will be compensated for that work completed either at the unit charge or the hourly rate specified for that type of work supplied on the Bid Proposal . The number 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 contractor to remove his/her equipment from the property, only a "kick-off" charge for the amount of work completed if the work order was issued by unit or the actual time work was being done if the work order was issued by the hourly rate can be charged. Photographs must be taken by the contractor of work done. 5 . Compensation for rubbish removals shall be made for on-site work only. Compensation shall not be made for travel time or dump time. 6 . Disposal charges for rubbish removal will be in addition to bid prices and included on completed orders . Receipt with parcel number must accompany orders . Rubbish from more than one parcel can be on one receipt, but amount charged to each parcel must be indicated and a copy of the receipt attached to each order. 7 . The Fire District may specify the maximum amount of time which will be chargeable and allowed for payment by the Fire District for work performed on an hourly basis on any particular parcel of property. If the contractor disputes the maximum amount of time which the Fire District will allow for correction of a fire hazard, the contractor shall submit the matter to the Fire Chief for determination in writing, setting forth specific facts , reasons, or circumstances justifying the need of additional time for the particular work. The Fire Chief ' s determination shall be final and conclusive respecting the dispute and the amount of compensation due the contractor. W.A.C. 94 - Spec. p7 of 8 4 . Back-up devices for repair replacement, and 5. Additional devices as needed to maintain efficient operating procedures . SECTION F - TYPES OF ABATEMENT 1 . Methods . The method of correction and abatement shall be to the specifications and standards of the Fire District and may consist of one or more of the following: A. Hand Mowing B. Tractor Drawn Mowing C. Rubbish Removal (Hand Loaded) D. Rubbish Removal (Tractor) E. Tree Trimming and/or Removal F. Brush Removal G. Various other methods of correction and abatement as directed in the orders issued. 2 . MOWING A. Hand mowing will be used in areas where discing or tractor mowing is not practical . B. Tractor mowing will be used on parcels where discing is not practical due to erosion, sloughing or where other problems exist. 3 . RUBBISH REMOVAL A. Specified combustible rubbish, trash, trimmings, litter, etc. , will be removed to a legal disposal area approved by the Fire District. B. The majority of rubbish removals can be accomplished with one or two personnel and a pick-up truck. C. There are normally only a few larger rubbish removals requiring a loader and dump truck. The number varies each year. The equipment must be available when required. 4 . TREE TRIMMING AND/OR REMOVAL A. Trees may be required to be trimmed to allow for abatement underneath the tree or to prevent the accumulation of rubbish. B. Specified tree removal of standing or down dead trees will be removed to a legal disposal area. C. The number of tree removals varies each year. The equipment must be available when required. 5 . BRUSH REMOVAL Brush removal may be used to clear hazardous growths of brush or to establish firebreaks. SECTION G - ABATEMENT STANDARDS 1 . Complete Abatement. When complete abatement is ordered, as much of the entire parcel as possible shall be abated. W.A.C. 94 - Spec. p6 of 8 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 mowing, rubbish and tree removal: A. One ( 1 ) loader with bucket, wheel or track type. B. One ( 1 ) dump truck. C. One ( 1) 48 inch rotary mower or 5 foot flail-type mower for tractor drawn mowing. D. Eight ( 8) heavy duty, cord-type mowers . E . Two (2 ) chain saws having a minimum 24 inch bar. F. One ( 1) trailerized chipper having a minimum 20 horse power motor and capable of chipping material to a maximum of 6 inches in diameter. 6 . In addition, the contractor must provide: A. Sufficient transporting equipment to maintain efficient utilization of equipment; B. Arrangements for the storage, maintenance and repair of abatement equipment; C. Cameras and film, including backup cameras for repair replacement; and D. A means of communication, such as a 2-way radio system or cellular telephones, suitable for reaching all sections of the Fire District. The contractor shall provide a sufficient number of communications devices for each of the following: 1 . Job superintendent 2 . Mowing crew foreman 3 . Transport drivers W.A.C. 94 - Spec. p5 of 8 12 . The contractor shall at all times use the type of equipment that will do the ordered abatement satisfactorily and safely in the shortest amount of time, without creating erosion or slide problems. 13 . The contractor shall complete all abatement work in the orders to be issued by the Fire District or indicate the reason why not done. The work orders will consist of parcels identified by County Assessor parcel numbers . The area to be abated on each parcel will be specified in these orders for the abatement work on such parcels . 14 . The contractor shall provide a sufficient number of good quality photographs not less than 3" x 3" in size to show the condition of each parcel just before the abatement work begins and the condition of the parcel upon the completion of the work. Before and after photographs shall be taken from the same location. Each photograph shall be identified by parcel number and date the photograph was taken. The photograph will be given to the Fire District by the contractor at the time of invoicing for work completed. Invoices without good quality photographs will not be accepted for payment. The photographs will become the property of the Fire District. All costs for cameras and photographs shall be included in the bid price. 15 . The contractor shall be solely responsible for satisfactorily repairing or replacing anything damaged, such . as water pipes, fences , gates, landscaping, etc. , by his/her employees and/or equipment. 16 . The contractor shall submit invoices at least every two weeks , unless a different length of time is approved by the Fire District. SECTION D - FIRE DISTRICT RESPONSIBILITIES AND PREROGATIVES 1 . The Fire Chief, as Administrator of the Exterior Fire Hazard Control Program, shall have final determination as to any conflict, dispute, changes or amendments, and shall be the sole judge concerning the intent of the contract documents . 2 . The Fire District reserves the right at any time during the period set for performance of the work to: A. Specify a particular method of abatement and type of equipment for any given parcel; B. Add to the amount of work to be completed; C. Remove certain work from the list (Orders) ; D. Schedule certain work as to date work is to be performed. 3 . The Fire District will provide work orders giving the following information: A. County Assessor' s parcel number; B. Address and/or street name when possible; C. A copy of the map page from the County Assessor ' s map book to identify the parcel to be abated; D. Description of work to be done; E. Recommended type of equipment; and F. The District may, if it deems it appropriate, provide photographs to identify difficult to locate parcels to be abated. W.A.C. 94 - Spec: p4 of 8 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 . 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 them wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. W.A.C. 94 - Spec. p3 of 8 THE POLICY OR POLICIES, OR RIDER ATTACHED THERETO, SHALL NAME THE BETHEL ISLAND, EAST DIABLO, OAKLEY, AND RIVERVIEW FIRE PROTECTION DISTRICTS, ITS OFFICERS AND EMPLOYEES, AS NAMED INSUREDS AND PROVIDE FOR AT LEAST THIRTY (30) DAYS WRITTEN NOTICE OF POLICY LAPSE OR CANCELLATION To THE DISTRICT. Said public liability and property damage insurance shall be maintained by the contractor in full 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 ofmoneyfrom any sums due the contractor under the contract to cover any damages which the Fire District may be liable to pay as a result of any uninsured operations by the contractor thereunder. Nothing herein contained shall be construed as limiting in any way the extent to which the contractor may be held responsible for payment of damages to persons or property resulting from the contractor' s operations or the operations of any subcontractor under him/her. 2 . Contract Bonds . The contractor shall , at the time of signing the contract, furnish two good and sufficient surety bonds of a surety company or companies authorized to do business in the State of California and satisfactory to the Fire District, covering the entire 1-year term of the contract, as follows : a bond in an amount equal to fifty percent ( 50%) of the total bid for one year' s work for the payment of just claims for materials, labor and subcontractors employed by him/her thereon, and a bond in an amount equal to fifty percent (50% ) of the full amount of the total bid for one year' s work as surety for the faithful performance of the contract. 3 . The contractor shall comply with all local, State and Federal regulations applicable to labor, wage rates, hours of work, apprentices, aliens, subcontractors , and preference for materials . Wages paid shall not be less than the current prevailing wages obtained by the Board of Supervisors of Contra Costa County from the Director of Industrial Relations of the State of California in the locality in which the contract will be performed, which prevailing rate of per them wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. SECTION C - CONTRACTOR RESPONSIBILITIES 1 . The contractor shall furnish all equipment, material, supplies and labor when and where ordered, and pay all fees necessary to complete the work to the satisfaction of the Fire District. 2 . The contractor shall provide direct supervision of his/her employees and shall be responsible for correctly locating and abating all parcels designated for abatement. 3 . The contractor shall complete all work as described on work orders in a timely and professional manner to the satisfaction of the W.A.C. 94 - Spec. p2 of 8 SPECIFICATIONS FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL This Specifications document is intended to cooperate with the Notice to Contractors , Contract, Bid Proposal, and Orders as discussed herein, so that anything exhibited in the Notice to Contractors, Contract, Bid Proposal, and Orders not mentioned in the Abatement Specifications ..is .to be',- considered as if exhibited, mentioned and set forth herein. SECTION A - DESCRIPTION OF PROJECT 1 . The Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts of Contra Costa County, hereinafter referred to as the "Fire District" or "District" , 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 I . 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 Pro2erty 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 forth 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 By Order of the Board of Supervisors of contra Costa County as the Governing Body of the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts . By: 11 . Little, Fire Chief Publication Dates: (Pub. Contract Section 20812 ) Contra Costa Times : 04/20/94 & 04/25/94 Daily Ledger: 04/20/94 & 04/25/94 San Ramon Valley Times : 04/20/94 & 04/25/94 West County Times : 04/21/94 & 04/26/94 W.A.C. 94 NC P2 of 2 NOTICE TO CONTRACTORS Notice is hereby given by the Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts of Contra Costa County (hereinafter referred to as "Fire District" or "District" ) , that the Fire District will receive bids for the abating of exterior fire hazards by mowing, rubbish and tree removal within the above Fire Protection District boundaries for 1994 . Each bid is to be in accordance with the Abatement Specifications relating thereto which are on file at the Contra Costa County Fire Protection District office, 2010 Geary Road, Pleasant Hill, California 94523-4694 . The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above- mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office. Bid Proposals shall be sealed and filed with the Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill , CA, 94523, on or before May 2 , 1994 , at 11 :00 a.m. , and will be opened at Contra Costa County Fire Protection District, 2010 Geary Road, Pleasant Hill, at the time due and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one ( 1) bid for this contract will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control Program for review. The Administrator of the Exterior Hazard Control Program is the Fire Chief of the Riverview Fire Protection District, hereinafter referred to as the Fire Chief . The Fire Chief will recommend to the Board of Supervisors of Contra Costa County, as the governing board of the Fire District, the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form of contract. The right is reserved to reject any and all proposals . The successful bidder will be required to furnish a payment bond in an amount equal to fifty percent (50%) of the contract price and a faithful performance bond in an amount equal to fifty percent (50%) of the contract price, said bonds to be secured from a surety company authorized to do business in the State of California . Bidders are hereby notified that pursuant to Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained from the Director of the Department of Industrial Relations of the State of California the general prevailing rate of per them 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 them wages is on file with the Clerk of the Board of Supervisors, and incorporated herein by reference thereto, the same as if set forth in full herein. For any classification not included in the list, the minimum wage shall be the general prevailing rate for Contra Costa County. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. W.A.C. 94 - NC pl of 2 BETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABIA) FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RIVERVIEW FIRE PROTECTION DISTRICT 1994 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL 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 : PERFORMANCE BOND APPENDIX 3 : PAYMENT BOND BID PROPOSAL CONTINUED RUBBISH REMOVAL - HAND LOADED Per Cubic.,Yard 100 cu.yd. ea.cu.yd. 55.00 5,500 .00 Hourly 250 Hours Per Man Hour 30 . 00 7,500. 00 TOTAL COMPOSITE BID $ 50,295 -00 COMPENSATION SHALL BE MADE FOR THE TYPE OF WORK COMPLETED AT THE UNIT PRICE LISTED PER METHOD OF ABATEMENT WORK. The contract will be awarded on the basis of the lowest composite bid and proven ability, dependability and responsibility, regardless of the individual unit prices listed for application. W.A.C. 94 - BP p4 of 6 1 . CONTRACTOR EXPERIENCE A. Number of years in professional weed abatement business : 17 years . B. List all weed abatement contracts you have had in the last five ( 5) years . Use additional page if necessary. YEARS NAME & ADDRESS OF CONTRACTING PARTY AMOUNT 1993 West County Mowing Contract 90-92 San Ramon Valley Fire 1993 City of Livermore 1993 City of Pleasanton Private Treaty 2 . EQUIPMENT List all equipment you have available for use in performance of this contract. Indicate the equipment required by this contract in Section E, Specifications for Exterior Fire Hazard Control , with an asterisk ( * ) . Use additional page if necessary. AMOUNT TYPE SIZE 3 . CONTRACTOR' S BUSINESS OFFICE: ADDRESS 6582 Tassaiara Road Pleasanton, CA 94566 TELEPHONE ( 510 ) 828-9163 4 . SUBCONTRACTORS A. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent ( 5%) of the contractor' s total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. B. If it should become necessary to add or change subcontractors during the term of this contract, the Chief shall be informed immediately. C. Provide the following information about subcontractors : Name: NONE Years of Experience: Address : Phone # : Amount & Type of Equipment Provided: W.A.C. 94 - BP p5 of 6 Name• Years of Experience: Address : Phone # : Amount & Type of Equipment Provided: Name• Years of Experience: Address : Phone Amount & Type of Equipment Provided: W.A.C. 94 BP p6 of 6 1994 ABATEMENT CONTRACT FOR EXTERIOR FIRE HAZARD CONTROL BY MOWING, RUBBISH AND TREE REMOVAL 1 . SPECIAL TERMS : These special terms are incorporated below by reference. A. Parties : Bethel Island, East Diablo, Oakley, and Riverview Fire Protection Districts, hereinafter referred to as "Fire District" or "District" , (Contractor) ( far -PASS 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: Ste. 4cr5'.C�o ( for unit price contracts , more or less,Iin accordance with finished qualities at unit bid prices ) . W.A.C. 94 - AC pl of 6 2 . SIGNATURES AND ACKNOWLEDGEMENT: FIRE DISTRICT: by: Cha(r=ntt oard.•of Sv ,. p rvisors,, Phil Batchelor,:Clerk df the'86iff of -Supervis9's"ah-d'County:Administrator CONTRACTOR• herebyalso acknowledging �."` �"``'` ging awareness of and compliance.with Labor Code Sections 1861 and 3700 concerning Worker' s Compensation Law by: G� (Designate official capacity in the business) by: (Designate official capacity in the business) Taxpayer Identification Number: 1Z -2 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 ori_ jet Cp$TA ) or Individual ) roved fo me dy 1+6 hosis of h on s ' ning above for Contractor, one ; ** ad v+du-al a,—ete-ted, personally appeared before me today and acknowledged that '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: .2 - aaaaaaaeoaeaabaoaaaroaaoaoaa�aaaaa (NO' , SGERS Z $ C.M.O�f #950084 5 NOTARY P COSTA CDFORNIA P NOTAR PUBLI a My Comm.Exp.Dec.25,1995 C •aeaao�saoaaaaeaaaaaaaaaaaaeaaasa Form approved: VICTOR J. WESTMAN COUNTY COUNSEL BY: Diana J.CSilver 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, these parties promise and agree as set forth in this contract, incorporating by these references the material ( "special terms" ) in Section 1 . B. Contractor shall, at his/her own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Fire District ' s Notice to Contractors , Proposal, Orders and Abatement Specifications . C. The work can be changed only with the Fire District ' s prior written order specifying such change and its cost agreed to by the parties ; and the Fire District shall never have to pay more than specified in Section 7 without such an order. 5 . TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the Orders and complete it as specified in Section 1 . 6 . INTEGRATED DOCUMENTS . The Notice to Contractors , Bid Proposal , Orders and Abatement Specifications or special provisions of the Fire District ' s call for bids, and contractor' s .accepted bid for this work are hereby incorporated into this contract, and they are intended to cooperate, so that anything exhibited in the Notice to Contractors , Bid Proposal, and Orders not mentioned in the Abatement Specifications or special provisions , or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by the Fire District' s agent specified in Section 1 . 7 . PAYMENT. For the strict and literal fulfillment bf these promises and conditions , and as full compensation for alai this: work, the Fire District shall pay the contractor the sum specified in Section l, . except that in this unit price contract, the payment shall be for finished quantities by hours or at unit bid prices in accordance with the Abatement Specifications . 8 . PAYMENTS WITHHELD. A. The Fire District or its agent may withhold any payment, or because of later discovered evidence, nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Fire District from loss because of : 1 . defective work not remedied, or uncompleted work, or 2 . claims filed or reasonable evidence indicating probable filing, or 3 . failure to properly pay subcontractors or for material or labor, or 4 . reasonable doubt that the work can be completed for the balance then unpaid, or 5 . damage to another contractor, or 6 . damage to the Fire District, other than damage due to delay. W.A.C . 94 - AC p3 of 6 B. The Fire District shall use reasonable diligence to discover and report to the contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the contractor in making good any defective work or parts . C. 10% of each progress payment paid the contractor for work completed will be withheld until on or about December 31. This money will be released after deducting for all overpayments or payments in error that may have been made during the year, and provided there are no damage claims remaining against the contractor, all claims for labor and materials have been resolved, no claims have been presented to the Fire District based on acts or omissions of the contractor, no unresolved liens or withhold notices have been filed against the work or the site, and there are no reasonable indications of defective or missing work or of late recorded liens or claims against contractor. The contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the Fire District, by depositing securities of equivalent value with the Fire District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the contractor, shall be valued by the Fire District, whose decision on valuation of the securities shall be final . D. Following completion of the work, Fire District will file a Notice of Completion and Resolution of Acceptance with the Contra Costa County Board of Supervisors, and thereafter cause the same to be recorded at the Contra Costa County Recorder' s office. Recording of the Notice of Completion and Resolution of Acceptance shall not affect the Fire District ' s right to withhold 10% of the progress payments under Subsection 8, c, above. 9 . INSURANCE (Labor Code Sections 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 2 and 3 . 11 . FAILURE TO PERFORM. If the contractor at any time refuses or neglects, without fault of the Fire District or its agent( s ) , to supply sufficient materials or workers to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Fire District, the Fire District may furnish same and deduct the reasonable expenses thereof from the contract price. The Fire District may terminate this contract by registered mail where the contractor fails to provide sufficient workers and equipment as previously ordered. The Fire District' s determination shall be final and conclusive as to sufficiency of workers and equipment. W.A.C. 94 - AC p4 of 6 12 . LAWS APPLY (GENERAL) . Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter 1 of Part 7 of the California Labor Code, Section 1720 et seq, and including Sections 1735, 1777 .5 and 1777 . 6 , and intend that this contract complies therewith. The parties stipulate that the relevant penalties and forfeitures provided in the Labor Code, including those contained in Sections 1775 and 1813 , concerning prevailing wages and hours, shall apply to this contract. 13 . SUBCONTRACTORS . A. Public Contract Code Sections 4100-4113 are incorporated herein. B. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent ( 5% ) of the contractor' s total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract . C. If it should become necessary to add or change subcontractors during the term of the contract, the Chief shall be informed immediately. 14 . WAGE RATES . A. Pursuant to Labor Code Section 1773 , the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages per diem, and for holiday and overtime work in the locality in which this work is to be performed for each craft, classification, or type of worker needed to execute this contract, and said rate is on file with the Clerk of the Board of Supervisors, and is incorporated by reference thereto, the same as if set forth in full herein. B. This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours is worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. C . The contractor and all subcontractors must pay at least these rates to all persons on this work, including all travel , subsistence and fringe benefit payments provided for by applicable collective bargaining agreements . All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is specified, the contractor shall immediately notify the Fire District, which shall promptly determine the prevailing wage rate therefore and furnish the contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15 . HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day' s work, and no worker employed at any time on this work by the contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815 . 16 . APPRENTICES . Properly indentured apprentices may be employed on this work in accordance with Labor Code. Sections 1777 . 5 and 1777 . 6 (discrimination prohibited) . W.A.C. 94 - AC p5 of 6 17 . PREFERENCE FOR MATERIALS. The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products, workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal . 18 . ASSIGNMENT. This agreement binds the heirs, successors, assigns and representatives of the contractor; but he/she cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Fire District and the contractor' s surety or sureties , unless they have waived notice of assignment. 19 . 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: IgVOIAG 0(3815* AAb �ieEE.. &Pi.0U.. CONTRACTOR: ►-E tiI �,1 it�ELl5�5 CERTIFICATION BY CONTRACTOR (LABOR CODE SECTION 1861) TO BETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DISTRICT RIVERVIEW FIRE PROTECTION DISTRICT I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that 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 CONTRA BY: (Designate official capacity in business ) BY: (Designate official capacity in business ) APPENDIX 1 APPENDIX 1. CONTRACT: (101J)A6- 1 �a Q B I Si( A aJ_0 6r-10(IA& CONTRACTOR: 14-�Aj CERTIFICATION BY CONTRACTOR (LABOR CODE SECTION 1861 ) TO BETHEL ISLAND FIRE PROTECTION DISTRICT EAST DIABLO FIRE PROTECTION DISTRICT OAKLEY FIRE PROTECTION DIS'.PRICT RIVERVIEW FIRE PROTECTION DISTRICT •I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that 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 CONrA 'BY : (Deofficial capacity in business) BY: (Designate official capacity in business ) APPENDIX 1 STATE OF CALIFORNIA SS. COUNTY OF Alameda } On June 1 , 1994 ,Before me, Patricia I Konrath,Notary Public PERSONALLY APPEARED Paul J.Konrath personally known to me(or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. aW, PA I'IU(.!A J KONI(ATH 4 N a� COMM #1009223 m NOTAV I'llBIJC CA11FORNIA N AIAMI:DA COUNTY ro WITNESS my hand and official seal. My comm Expires reb 19,1998 Signature This area for Official Notarial Seal APPENDIX 2 PERFORMANCE BOND Bond No. 139796P Premium $1,257.00 Any claim under this Bond should be sent to the following address : 17780 Fitch Irvine, CA 92714 (714) 263-3300 KNOW ALL MEN BY THE PRESENTS: That we, H & N Enterprises as Principal, and _ Indemnity Company of California —, a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto BETHEL ISLAND, EAST DIABLO, OAKLEY, AND RIVERVIEW FIRE PROTECTION DISTRICTS, as Obligee, in the sum of $25-. 147.50 lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents . THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated May 24, 1994 , with the Obligee to do and perform the following work, to-wit : 1994 Abatement Contract for. Exterio'r' Fire Hazard Control by Mowing, Rubbish and Tree Removal as is more specifically set forth in the contract documents, reference to which is hereby made. NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents , shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum specified above, the Principal and the Surety, their heirs , executors , administrators , successors and assigns, jointly and severally, shall be obligated to pay to the Obligee all 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 1st day of June 19 94 ( SEAL) (SEAL) H & N Enterprises Indemnity Company of California al (Surety) By: C— �iq�natu�re) ( Signature) Paul J. Konrath, Attorney-i n-Fact (SEAL AND ACKNOWLEDGEMENT OF' NOTARY) 17 . PREFERENCE FOR M4TERIALS. The Fire Dis ict desires to promote the industriesContra C ta County and the :n economy of contractor t r f o e promises to use e products, workers, laborers and mechan cs of this Count in every case where the price, fitness and q ality are equa . 18 . ASSIGNMENT. This agre ent binds he heirs , successors, assigns and representatives of e contr tor; but he/she cannot assign it in whole or in part, nor any mo es due or to become due under it, without the prior written cons t of the Fire District and the contractor ' s surety orr sur tie , unless they have waived notice of assignment . 19 . NO WAIVER BY FIRE DISTRICT. nspection of the work and/or materials, or approval of or and/or materials inspected, or statement by any officer, agenor employee of the Fire District indicating the work or a part thereof complies with the requirements of this co ract, r acceptance of the whole or any part of said work and/o materia s , or payments therefore, or any combination of these a ts , shall of relieve the contractor of -.his/her obligation to fulfill thi contract as prescribed; nor shall the Public Age cy be thereby stopped from bringing any action for damages r enforcement a ising from the failure to comply with any of the terms and co ditions hereof. 20 . HOLD HARMLESS A INDEMNITY. Contrac r shall defend, indemnify, save and hold rmless the Fire Distri t, its elective and appointive bo ds , commissions, officers, agents and employees, from any and . 1 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: STATE OF CALIFORNIA COUNTY OF Alameda SS. r On June 1, 1994 ,Before me, Patricia J•Konrath,Notary Public . PERSONALLY APPEARED Paul J.Konrath personally known to me(or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument a ,� 4•.(, ti ^PA'I'i OMIM ) `i'Fi a = C:OMM 01009223 M m NOI ARY 1111MIC GUFORNIA to AIAMI:UA COUNSY N WITNESS my hand and official seal. ( My Comm.Vxpi s Feb 19,1998 Signaturey This area for Official Notarial Seal APPENDIX 3 PAYMENT BOND Bond No. 139796P Premium included in Performance Bond Any claim under this Bond should be sent to the following address : 17780 Fitch Irvine, CA 92714 (714) 263-3300 KNOW ALL MEN BY THE PRESENTS : That we, H & N Enterprises as Principal , and Indemnity Company of California , a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto BETHEL ISLAND, EAST DIABLO, OAKLEY, AND RIVERVIEW FIRE PROTECTION DISTRICTS, as Obligee, in the sum of - $25, 147.50. .-'I' lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally, firmly by these presents . THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated May 24, 1994 , with the Obligee to do and. perform the following work, to-wit: 1994 Abatement Contract for Exterior Fire Control by Mowing, Rubbish and Tree Removal as is more specifically set forth in the contract documents , reference to which is hereby made. NOW'J, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under -the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney' s fee, to be fixed by the court. This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED, this 1st day of June 19 94 ( SEAL) ( SEAL) H & N, erprises .--I-ndem By: V ( Signature) (tlignature) (SEAL AND ACKNOWLEDGEMENT OF NOTARY) Paul J. 1K6nrath, Attorney-in-Fact POWER OF ATTORNEY OF ^• INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 195028 P.O.BOX 19725, IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***PAUL J. KONRATH*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By ` By Da F.Vincenti,Jr. Dan F.Vincenti,Jr. President GO�PPCRY O President P5\NSUggh it0 4ff ATTEST OCT.S. �,� ATTEST ?MAR 2T, o W n 1361 a IBTB 0 By By- 61A Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ------------- ♦ OFFICIAL SEAL � - TIRESA TAAFUA Signature NOTARY PUBLIC-CALIFORNIA ♦ PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Aug.4,1995 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this—1_S-t—day of J np '199A-- INDEMNITY 199 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY PA My°F P5\NSUgq� `40 POR4.- C, `a0.POR4 � B i OCT.a `!�� o? fa By '9l / MAR.2T, o By L.C.Fiebiger yn♦/I9sT♦\'? B L.C.Fiebiger W leTe Senior Vice President rFOR �� Senior Vice President ID-310 REV.4/93 FILE No. 210 06/10 '94 10:63 ID:DIBUDUO & DEFENDI8 209 678 1841 PAGE 1 ���Mr��i���w ` .�. M ,�,:•�.� :r���,� I:. .�/. .. r1 ,,..T:�c�`„�r'7t�V"�:',". ':y'�` DATE(Mµ`UUrYVJ 06/09194 pAatiuc R LTHIS CERTIFICATE-IS-ISSUED AS A MATTER Of INFORMATION DiBuduo & doFendis Insurance of Modesto ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 3242 ALTER lHE COVERAGE AFFORDED BY THE POLICIES BELOW. 'Modesto, CA 95353 COMPANIES AFFORDING COVERAGE COMPANY A Golden Ea -le Insurance Company `INSURED COMPANY H & N Enterprises _ IR Robert Nielson COMPANY 6502 Tassajara Road C ..,_ Pleasanton, CA 94560 COMPANY COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED 14EAEIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CON131TIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE P0I.ICY FYPiRAT%OH CoT '^ TYPE Of IN5URANCE POUCY NU/dD[R DATE(MWDDIYY) DATE(MWDD/YY) LIMITS GENERAL UARIL(TY �—� GENERAL AGG ELATE L�i MM[ACIAL GENERAL LIABILITY PPiODUGTS•GQMPrUA A6G -# 2,000,000 A CLAIMS MADE �� QC•WR FRP276436 06/07/94 Qui/07!95 PERSONALdADVINJURY $ 1 ,000,000 OWNER'S a CONT PROT EACH OCCURFIENCE $ 1 .0 FIDE DAMAGE(Any arw tiro) g 50,000 MED EXP MAY we Parson) 5 5 s 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMB I: ANY AUTO1 000,000 A ALL OWNED AUTOS BODILY INJURY X SCHEOULL-D AUTOS (Per Per ) X HInED AUTOS FRP276436 06!07/94 06/07/45 BODILY INJURY # X NON-OWNED AUTOS (Par dent) PROPERTY DAMAGE # GARAGE LIABILITY AUTO ONLY-EA ACCIDENT # ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT # �. AGGREGATE : EXCESS(JABILITY EACH OCCURRENCE f UMBRELLA FORM 1 AGGRF(%ATE $ OTHER THAN UMBRELLA FORM 11 WORKERS COMPENSATION AND STATUTORY LIMITS FMPLOYERS•LUBIUTY EACH ACCIDENT THE PROPRIETOFU INOL DISEASE-POLICY UMIT # - _.._ PARTNERS/ExfOUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE # OTHER DESCRIPTION OF OPPERATIONSILOCATIONGMEHICLES/sPEC.(AL ITEMS Certificate holder is named as additional insured as respects work perforated by the named insured. RE: Bethel Island , East Diable, Oakley & Riverview Fare Protectiu)1 District CE0IFI0ATE HOLDER CANCELLATI Bethel Island, East Diable WK)ULD ANY OF THE ABOVE V=RWED POLIC BE CANCEttE6 "tLrumv THE Oakley & Riverview Fire EXPIRATION DATE THEREOF. THE OW411ING GLNIPANY VnL1- ENDEAVOR To MAIL P r o t e 4 t i o(I District .30 DAYS WRITTEN NOTICE TO THE CERM LATE HOLDER NAMED TO THE LEFT, 2010 Geary Rd BUT FAILURE TO MAIL WCH MOTILE$HALL AWCOE ND ONUQATWH OR UAaILW Pleasant hill , CA 94523 QF X W UPM 111E COWAP, IN ACOR aN AEPA ENTATIVU. A7 , E6ENTA i .. ACORD 25-S(3193);.... - •,i3 AtX}RDOIDF#AT1t3N 19 STATE P.O.BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION IN S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 191 1994 POLICY NUMBER: 005-94 UNIT 0076471 CERTIFICATE EXPIRES: 1-1-95 r RIVERVIEW FIRE PROTECTION DISTRICT C/O CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 2010 GEARY RD. PLEASANT HILL CA 94525 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. X PRESIDENT ENDORSEMENT x#0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/18/94 I5 ATTACHED TO AND FORMS A PART OF THI5 POLICY. NAME OF ADDITIONAL INSURED: RIVERVIEW FIRE PROTECTION DISTRICT EMPLOYER r ROBERT J. NIELSEN, JR. 8582 TA55AJAPA PLEASANTON CA 94555 L STATE P.O.BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 19 , 1994 POLICY NUMBER: 005-94 UNIT 0075471 CERTIFICATE EXPIRES: 1-1-.95 OAKLEY FIRE PROTECTION DISTRICT C/O CONTRA C05TA COUNTY FIRE PROTECTION DISTRICT 2010 GEARY RD. PLEASANT HILL CA 94523 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with. respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT ENDORSEMENT 40015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/18/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED; OAKLEY FIRE PROTECTION DISTRICT EMPLOYER F- ROBERT J. NIEL5EN, JR. 5582 TA55AJARA PLEASANTON CA 94566 L STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 19, 1994 POLICY NUMBER: 005-94 UNIT 0075471 CERTIFICATE EXPIRES: 1-1'95 EAST DIABLO FIRE PROTECTION DISTRICT C/O CONTRA C05TA COUNTY FIRE PROTECTION DISTRICT 2010 GEAR`! RD. PLEASANT HILL CA 74523 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT ENDORSEMENT 40015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/181/94 I5 ATTACHED TO AND FORMS A PART OF THIS POLICY . NAME OF ADDITIONAL INSURED: EAST DIABLO FIRE PROTECTION DISTRICT EMPLOYER F— ROBERT J. NIELSEN , JR. 6582 TA55AJARA PLEASANTON CA 94566 L STATE P.O.BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND . CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 19 , 1994 POLICY NUMBER: 005-94 UNIT 0075471 CERTIFICATE EXPIRES: 1-1-95 r BETHEL ISLAND FIRE PROTECTION DISTRICT C/O CONTRA C05TA COUNTY FIRE PROTECTION DISTRICT 2010 GEARY RD. PLEASANT HILL CA 94523 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. X. VA" PRESIDENT ENDORSEMENT 40015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/18/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED : BETHEL ISLAND EMPLOYER r ROBERT J. NIELSEN, JR. . 6582 TA55AJAPA PLEASANTON CA 94556 L