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MINUTES - 05051998 - C61
I'll.,..................................................................................... ......... ............................................................................. Contra TO: BOARD OF SUPERVISORS Coufty FROM: PHIL BATCHELOR County Administrator DATE: May 5, 1998 SUBJECT: WEED ABATEMENT CONTRACTS FOR THE BETHEL ISLAND, CONTRA COSTA COUNTY, AND EAST DIABLO FIRE PROTECTION DISTRICTS Specific Request(s)or Recommendation(s)&Background &Justification REQQMMENDATIQNS: I As the Governing Board of the Contra Costa County Fire Protection District (CCCFPD), the Bethel Island Fire Protection District(BIFPD)and the East Diablo Fire Protection District(EDFPD), authorize CCCFPD to act on behalf of BIFPD and EDFPD in receiving bid proposals and contracting for the 1998-1999-2000 Exterior Fire Hazard Control (weed abatement) Program. 2. APPROVE 1998-1999-2000 Exterior Fire Hazard Control (weed abatement) contract documents (on file with the Clerk of the Board), fix June 3, 1998 at 11:00 am. as the time to receive bid proposals for the performance of the abatement work for CCCFPD, BIFPD and EDFPD, and direct the Clerk of the Board to publish Notice to Contractors as required by law. REASONS FOR RECOMMENDATION/BACKGROUND: CCCFPD has submitted contract documents (Notice to Contractors, Agreement, Abatement Specifications and Bid Proposals)for the abatement of weeds, rubbish and other fire hazard conditions within CCCFPD, BIFPD and EDFPD during the period of June 1, 1998 through December 31, 2000. BIFPD and EDFPD have requested that CCCFPD continue to provide for weed abatement services during the coming contract period. Continued on Attachment:— YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s): Action of Board on: 05/05/1998 Approved as Recommended X Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE X _ AND CORRECT COPY OF AN ACTION TAKEN Unanimous(Absent AND ENTERED ON 'THE MINUTES OF THE Ayes:— Nose: BOARD OF SUPERVISORS ON DATE SHOWN. Contact: Terry McGraw(925)335-1055 Attested: May 5, 1998 cc: County Administrator Phil Batchelor,I Clerk of Auditor-Controller the Board of Supervisors County Counsel and County Administrator Contra Costa County Fire 'DE Protection District By: PUTY ............... Interim Outreach Program B. Input will be obtained from other County advisory groups. C. The County and City of Richmond's Private Industry Council are available to assist MBEs, WBEs, SBEs, and LBEs develop their businesses. V. Outreach Program Areas A. Construction Outreach Program 1. Minority Business Enterprise A Minority Business Enterprise(MBE)is a business that is at least 51%owned by,and whose management and daily business operations are controlled by,one or more minority persons who are citizens or lawful permanent residents of the United States. The control must be substantial,real,and on-going on a regular basis. The applicable minority groups are defined as follows: a) Black: All persons having origins in any of the Black racial groups of Africa. b) Latino(a): All persons having origins in Mexico, Puerto Rico, Cuba,Central America,or South America,regardless of race. C) Asian/Pacific All persons having origins in any of the original peoples Islander: of Japan, China, the Indian Subcontinent, the Philippines,Vietnam,Cambodia,Laos,Korea, Samoa, Guam,the U.S.Trust Territories of the Pacific, Northern Marianas,Taiwan,Hawaii,or the Pacific Islands. d) American All persons having. origins in any of the original peoples Indian/ of North America(including Aleuts and Eskimos)who Alaskan maintain cultural identification through tribal affiliation or Native: community recognition. 2. Women Business Enterprise A Women Business Enterprise(WBE)is a business that is at least 51%owned by,and whose management and daily business operations are controlled by,one or more women who are citizens or lawful permanent residents of the United States. The control must be substantial,real, and on-going on a regular basis. 3. Small Business Enterprise A Small Business Enterprise(SBE) is a small business concern, as defined in c:outreach 4 Interim Outreach Program Section 3 of the Small Business Act and implementing regulations(Volume 13 of the Code of Federal Regulations, Chapter 1). 4. Local Business Enterprise A Local Business Enterprise(LBE) is a business entity whose principal place of business is located within the boundaries of Contra Costa County. 5. Bidder Outreach Efforts a. Bidders are encouraged to make the following outreach efforts: (1) Contact the following agencies for listings,of MBEs, WBEs, SBEs,and LBEs: (a) Contra Costa.County Affirmative Action Office 651 Pine Street, 10th Floor Martinez,CA 94553 (510)335-1045 (510)646-13531fax Ekuev@dp.co.contra-costa.ca.us (b) General Services Department Architectural Division 1220 Morello Avenue,Suite 100 Martinez,CA 94553 (510) 313-7200 (510) 313-7299ifax (c) Public Works Department 255 Glacier Drive Martinez, CA 94553 (510) 313-2040 (510) 313-2333ifax (d) City of Oakland Office of Public Works One City Hall Plaza Oakland, CA 94612 (5 10)238-39'70 (5 10)23 8-2233/fax (e) Regional Transit Coordinating Council Golden Gate Bridge, Highway and Transportation District,Chair c:outreach 5 Interim Outreach Program 1011 Andersen Drive#108 San Rafael,CA 94901-5381 (415)2574536 (415)257-4555/fax Cgonzale@ggbhtd.dst.ca.us Includes listings for the fallowing agencies: --Alameda Contra Costa Transit District (AC TRANSIT) (510) 577-8812 (510) 577-8839/fax Sandyp@acbell.net acbell.net --BART (510)464-6610 (510)464-7587/fax Jmackl@bart.dst.ca.us -CCCTA(Central Contra CostaTransit Authority) (510)676-1976x223 (510)686-2630/fax Commission --Metropolitan Transportation (510)464-7750 (510)464-7848/fax Jmiyaz@mte.dst.ca.us --San Mateo County Transit District (SAMTRANS) (415) 508-6417 (415) 508-15415/fax --San Francisco Public Transportation (415)92.3-6139 (415) 923-6137 (415)923-6180/fax Authority --Santa Clara Valley Transportation (408)321-5606 (408)355-0892/fax Andy.floresvta.org c:otmeach 6 Interim Outreach Program (f) San Francisco Human Rights Commission 25 Van Ness, Suite 800 San Francisco,CA 94102-6033 (415)252-2500 (415)431-5764/fax (g) State of California Department of Transportation Division of Civil Rights 1120 N Street, Room 2445 Sacramento,CA 95814 (916)654-7048 Http://www.dot.ca.gov/hq/bep/ (h) Port of Oakland 530 Water Street Oakland, CA 94607 (510)272-1390 (510)272-1172/fax (i) Los Angeles Transportation Commission Contract Compliance 818 West 7th Street,4th Floor Los Angeles,CA 90017 (j) U.S. Small Business Administration Regional Office 71 Stevenson St., 20th Floor San Francisco,CA 94105-2939 (415)744-6808 (2) Request assistance in identifying and notifying MBEs, WBEs, SBEs, and LBEs from community organizations; contractor groups;local,state or federal business assistance offices;and/or other agencies or organizations that provide assistance in the recruitment and placement of MBEs, WBEs, SBEs, and LBEs. (3) Conduct broad-based outreach to potential subcontractors, suppliers,manufacturers and truckers,including MMES,WBEs, SBEs, and LBEs, by notifying those firms of this project(via fax,newspaper advertisements,etc.),and by providing project information(bid opening date, location of plans,etc.),and by inviting bids or quotations from all interested firms. c:outreach 7 Interim Outreach Program 6. Verification of Performance Upon completion of work,the contractor shall submit a completed`Verification of Performance' form for each first tier subcontractor,supplier,manufacturer, or trucker utilized by the contractor in connection with the project. This form shall be signed by the subcontractor, supplier, manufacturer, or trucker and shall identify the item(s) of work performed and the actual dollar amount received. Final payment for work done will not be made to the Contractor until all Verification of Performance forms are received. 7. Departmental Outreach and Deporting The General Services and Public Works Department will: (l) continue to conduct an annual workshop for prime contractors, subcontractors, suppliers, manufacturers, and truckers with a special focus on MBEs, WBEs, SBEs, and LBEs, in order to inform bidders about the County's Outreach Program. (2) continue to conduct prebid meetings for projects. (3) advertise for projects in daily or weekly newspapers,trade association publications, trade journals, or other media, such as the Daily Construction Service, Daily Pacific Builder, or Small Business Exchange,including minority and women publications,trade journals or other media. The advertisement(s) should state the fallowing as a minimum: (a) Bid due date (b) Description of the entire project (c) Bidder's bond requirements (d) Identification of trades involved in the project (e) Engineer's or architect's estimated construction contract cost (f) Other pertinent information. (4) compile a list of certified MBEs, WBEs, and SBEs by using the CalTrans directory,the County directory,and other directories from the County's acceptable certifying agencies. The list should be tailored based on the items of work to be performed on the project. (S) add annually and upon request to the list of potential bidders maintained by the departments MBEs,MBEs, SBEs,and L,BEs from the CalTrans directory,County directory,and other directories from the County's acceptable certifying agencies. c:outreach 8 .............. Interim Outreach Program (6) continue to submit reports to the Affirmative Action Office on construction contracts less than $50,000 and projects of$50,000 or more,which will be formally bid. (7) In the department's annual performance report submitted to the County Administrator, include a contracting section. B. Purchasing Outreach Program to be developed. C. Professional/Personal Services Outreach Program to be developed. I Departments will review the feasibility of identifying contracts that would allow for the selection of a pool of professional/personal services consultants to receive contract awards on a rotational basis. The pool of consultants would include MBEs,WBEs, SBEs,and LBEs. VI. Program Evaluation The County's Outreach Program is evaluated as follows: A. The County Administrator receives reports of the County's Outreach Program. Each report should describe the overall status of the Outreach Program, results achieved through outreach efforts, identification of any particular problems encountered, and recommendations for corrective actions. B. The Affirmative Action Office submits to the Board of Supervisors progress reports on the County's Outreach Program. C. Department head evaluations are conducted by the County Administrator and include a section on the Outreach Programs effectiveness and success. D. Additional outreach efforts by departments and the County will be evaluated by the County Administrator. c:outreach 9 ................................................................... ..................... .......................................................... ABATEMENT SPECIFICATIONS 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 Contra Costa County Fire Protection District, East Division, hereinafter referred to as the "Fire District" or"District",notifies property owners within the Fire District of potential fire hazards related to dry grass,weeds, combustible rubbish and other fire hazards 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 ten(10)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 Workers' Compensation Insurance sufficient to meet contractor's obligation to provide benefits to its employees as required by the State of California. Such Workers' Compensation Insurance shall be extended to include Employers Liability coverage. Evidence of Contractor's Workers Compensation Insurance shall be furnished in the form of a Certificate of Insurance to the Fire District and underwritten by either the State Compensation Insurance Fund or an insurance company authorized to write Workers' Compensation Insurance in the State of California. All subcontractors engaged by contractor to furnish either labor or services under this contract shall be required by contractor to maintain adequate Workers' Compensation Insurance as required by the State of California and Employers Liability protection. b. Public Liability and Property Damage Insurance Including Automobile Liability Coverage. 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 i'ncluding automobile liability coverage 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. THE POLICY OR POLICIES,OR RIDER ATTACHED THERETO,SHALL NAME THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICTS,ITS OFFICERS AND EMPLOYEES,AS ADDITIONAL INSURED AND PROVIDE FOR AT LEAST THIRTY(30)DAYS WRITTEN NOTICE OF POLICY LAPSE OR CANCELLATION TO THE DISTRICT. TAMFB\WAC0NTEB,CNT1am MD - 3 Said public liability and property damage insurance including automobile liability 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$1 million bodily injury and property damage combined single limit per occurrence. See 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 may 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 and prior to January 1"of each subsequent year of the contract, furnish two good and sufficient surety bonds of a surety company or companies authorized to do business in the State of California and satisfactory to the Fire District, in an amount equal to fifty percent(50%)of the contract price(for subsequent years, contract price to be increased or decreased in accordance with Section 3-C of the contract agreement) for the payment of just claims for materials, labor, and subcontractors employed by him thereon, and a bond equal to fifty percent(50%)of the contract price (for subsequent years,contract price to be increased or decreased in accordance with Section 3-C of the contract agreement)as surety for the faithful performance of the contract. 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 and the prevention of damage to markers, utilities, planted vegetation or other property,public or private. 3. The contractor shall be solely responsible for satisfactorily repairing or replacing anything damaged, such as water pipes, fences, gates, landscaping, etc., by his employees and/or equipment. 4. The contractor shall complete all work as described on work orders in a timely and professional manner to the satisfaction of the Fire District. Abatement work orders issued to the contractor shall be completed within fourteen(14)calendar days from the date of issuance. The contractor shall return the work orders no later than fourteen(14) calendar days after the work is completed. TAMFB\WACONTEB.CNTIam MD - 4 ........................................................................................................... ..................................................................................... . . . ........ 5. 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. 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. The actual work to be done exceeds 150%of the abatement specified in the work order. d. If permission to enter upon any property is denied,or the workers are ordered off the property. In such cases, all workmen and equipment are to be removed and the Fire District notified immediately. 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 50 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(8arn 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 4 100 through 4113 of the Public Contract Code pertaining to subcontractors. 11. 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. 12. 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. 13. All equipment shall be in good and safe condition and shall be suitable for producing the required quality of work. All equipment used in crop land,range land, watershed or other open land shall have an approved spark arrestor affixed to the exhaust system. 14. 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 his vehicle or equipment. PHOTOGRAPHS 15. The contractor shall provide the number of instant color photographs necessary to do the following: a. Identify the parcel by landmarks. TAMFMWACONTERCNT1am MD - 5 ............................ ........I.......................................................................................................... ......................................................... b. Show the entire abatement problem before the abatement work begins. C. Show the entire condition of the parcel upon completion of the work, d. Before and after photos will be taken from the same location. e. Each said photograph shall be identified by parcel number,time, date, and specify whether before or after picture and bear the name of the photographer. The photograph will be given to the Fire District by the contractor at the time of invoicing for work completed. Invoices without good quality photographs will not be accepted for payment. The photographs will become the property of the Fire District. All costs for cameras and photographs shall be included in the bid price. 16. The contractor shall comply with the Interim Outreach Program adopted by the Contra Costa Board of Supervisors on December 9, 1997. The Interim Outreach Program is attached as Appendix A to the Notice to Contractors. 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. 4. The Fire District may amend the contract to add additional areas and properties for abatement, and the contractor has ten(10)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. 5. The Fire Chief may order the removal of any vehicle, equipment or operator l from the work if he determines that they do not meet the provisions and intent of this section. When so ordered, the contractor shall immediately replace said vehicle, equipment or operator with one approved by the Fire Chief or his authorized representative. TAMFBXWAC0NTEB.CNram MD - 6 ................... ........................................ .. ....... __.... ... ......... ......... ......... ......... .................................................................................................................... ._.. ........ .............. ........_.. ..._........ .._...... .._...._.................. ......... ..__....... ......... ..._..._. .._...... ....._... SECTION E TYPES OF ABATEMENT The method of correction and abatement shall be to the specifications and standards of the Fire District and may consist of one or more of the following: a. Hand Mowing b. Rubbish Removal (hand loaded and tractor) C. Tree Trimming d. Brush Removal C. Discing f. Rotovating g. Tractor Drawn Mowing h. Dozing i. Various other methods of correction and abatement as directed in the Orders issued. ABATEMENT STANDARDS 1. Complete Abatement- When complete abatement is ordered, as much of the entire parcel as possible shall be abated. 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 j to a height of not more than three(3)inches. 4. Tree Trimming- Trees may be required to be trimmed to allow for abatement underneath the tree or to prevent the accumulation of rubbish. 5. Rubbish andlor Other Combustible Debris - Shall be completely removed when so ordered and disposed of at a proper site. 6. Discing- Discing equipment shall be set at an angle sufficient to cut the growth loose from its existing position and when drawn at the proper speed,turn the weeds over and cover them with soil. 7. Rotovating- Shall destroy and bury the grass and/or weed growth existing at the time of abatement. 8. Dozing- May be used to level mounds of dirt prior to discing or rotovating or to clear large areas of debris. 9. Rubbish andlor other Combustible Debris- Shall be completely removed when so ordered and disposed of at a proper site. 10. Various Other Methods -Various other methods of correction and abatement as directed in the Orders issued. TAMFBtWACONTEB,CNTtam MD - 7 ............................................................................................................................................................................. . .. ................................................ SECTION F EQUIPMENT REQUIREMENTS The equipment required by this abatement specifications document must be owned, or under an annual lease to the contractor for each year of the contract. a. Hand Mowing-Due to the amount of rocks and other obstacles hidden in the grass on many parcels,the mowers used must be heavy-duty and made for rough ground and of the belt driven blade type. Contractor shall provide enough mowers and/or gas powered heavy-duty weed caters to supply at least two(2) work crews of a least three (3)persons, trucks to haul equipment and debris plus sufficient back-up equipment to complete the work orders in the allotted time. b. Removal of Rubbish (hand loaded) -The minimum crew for the removal of rubbish shall consist of three(3)people and one(1)truck. C. Tree Trimming- Two(2)chain saws having a minimum 24 inch bar, d. Discing- The contractor shall provide a minimum of one(1)wheel tractor and two (2) track layer type tractors with discs at all times. Discing equipment shall be set at an angle sufficient to cut the growth loose from its existing position and when drawn at the proper speed,turn the weeds over and cover them with soil, The contractor shall provide at least one (1)reserve tractor and disc to be used as replacements for breakdowns of the three (3)required units. Enough tractor transportation equipment and qualified drivers to move tractors from parcel to parcel as necessary to complete all required abatement within the required time limits. e. 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. f. Tractor Drawn Mowing- The contractor shall provide a minimum of one(1)48" rotary mower to be utilized in areas where mowing by motorized equipment is possible. 9. Dozing-The contractor shall provide a minimum of one (1) JD 350 track layer or equivalent with a hydraulic operated angle dozer blade. May be used to level mounds of dirt prior to discing or rotovating or to clear large areas of debris. h. Rubbish Removal(mechanical) - Excessive accumulations of rubbish and debris may be ordered removed when such accumulation has been determined to be a fire hazard. The minimum crew of rubbish removal will consist of one dump truck with driver/laborer and one tractor operator with a four-in-one bucket or a loader bucket of not less than 3/4 yard. Compensation will be made for on site work only(not for travel and dump time). Disposal charges - actual disposal charges for rubbish removal will be in addition to bid prices and included on completed work orders. Receipt with parcel number must accompany work orders. Rubbish from more than one parcel can be on one receipt, but amount charged to each parcel must be indicated. SECTION G 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. T:\MFB\WACONTEB.CNrAam MD - 8 ................. ............... ............... ....................... .................... ._....... ......... ......... ......... ......... ......... ......... ......... ......... ......... .._...... ... ........ ......._...... ........... ......... ......... ......... ...__.... ......... ......... ......... ......... ......... ......... 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 actual time work completed may be billed. 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. 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 competed 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 31"if no assessment or damage complaints are pending. The contractor may elect to receive 100%of payment 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: (1) Date or dates work done. (2) For orders issued by area, the unit price shall be listed. (3) 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. (4) Total contractor charge for each work order. T:1MFBIWACONTEB.CNnam MD - 9 (5) A copy of the receipt for dump charges shall be attached to all work ordersfor rubbish removal. (6) 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. T:\MFB1wACONTEB.CNT1am MD -10 Contra Costa County Fire Protection District East Division BID PROPOSAL SAL FOR EXTERIOR FIRE HAZARD CONTROL 1998/99/2000 ABATEMENT CONTRACT For the performance of exterior fire hazard abatement work in the Contra Costa County Fire Protection District,East Division, hereinafter referred to as the "Fire District"or"District". NAME OF BIDDER.: BUSINESS ADDRESS: PLACE OF RESIDENCE: The undersigned hereby offers to furnish all equipment, materials and labor where ordered, and to do the work necessary to complete the project as described in the Notice to Contractors in accordance with the Abatement Contract and Abatement Specifications relating thereto which are on file at the Fire District office at the unit prices set forth on Page_of this proposal at a total bid amount of: (TOTAL AMOUNT OF COMPOSITE BID FROM THE BID PROPOSAL) Dollars $ The work will be done pursuant to the said Abatement Specifications and the Orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed,analyzed, and evaluated by the Fire District after the public opening of the bids by the Contra Costa County 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. By signing below,the undersigned verifies that he or she qualifies as the type of enterprise described in the County's Interim Outreach Programm adopted on December 9, 1997 (specifically,'Construction Outreach Program, Section V.A., #1-6)or has otherwise complied with this program by snaking good faith outreach efforts pursuant to the program and as outlined in the documentation attached to this proposal. CONTRACTOR.(General): AUTHORIZED SIGNATURE: DATE: NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 12 - 15 OF THE BID PROPOSAL. TAMFB\WAC0NTEB.CNTiam MD -11 ,'''',''..,...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 to attend one of the meetings that will be held at the Contra Costa County Fire Protection District office at 2010 Geary Road, Pleasant Hill,on MU 13, 1998, at 3:00 p.m. and MU 20 1998, at 2:30 a.m. BID PROPOSAL HAND MOWING BID PRICE TO INCLUDE REMOVAL 8c DISPOSAL OF ALL WEEDS AFTER MOWING .. ........... 1A -,P , X0 WXKG T ......................... 0- 2,500 Sq. Ft. 15 Parcels Ea. 2,501 - 5,000 Sq. Ft. 12 Parcels Ea. 5,001 - 7,500 Sq. Ft 12 Parcels Ea. 7,501 - 10,000 Sq. Ft. 12 Parcels Ea. 10,001 - 15,000 Sq. Ft. 5 Parcels Ea. 15,001 - 20,000 Sq. Ft. 5 Parcels Ea. 20,001 - 25,000 Sq. Ft. 5 Parcels Ea. 25,001 - 30,000 Sq. Ft. 5 Parcels Ea. 30,001 - 35,000 Sq. Ft. 4 Parcels E& 35,001 - 40,000 Sq. Ft. 4 Parcels Ea. 40,001 -43,000 Sq. Ft. 4 Parcels Ea. More than I Acre thru.5 Acres Acres Per Acre Hourly Mowing& Misc. Per Hand Work 1000 Hours Man Hour RUBBISH REMOVAL-HAND LOADED Per Cubic Yard 98 Cu. Yd, Ea. Cu. Yd. Hourly 225.5 Hours Per Man Hour TAMFBWACONTEB.CNMam MD -12 ....................................................................... ............ .... . .........._.. .......... ._._..... ......... ..._..._. ........._. ......... ......... ......... ......... ...._... ......... TRACTOR DRAWN MOWING ' RAC'Tf1R MOt�I1G ARBA ES 'TD STT FNTT PRI+ E TOTAL,PR 0 - 11,000 Sq. Ft. 2 Parcels Ea. 11,001 - 22,000 Sq. Ft. 2 Parcels Ea. 22,001 - 33,000 Sq. Ft 2 Parcels Ea. 33,001 -43,560 Sq. Ft. 2 Parcels Ea. More Than I Acre 4 Acres Per Acre Hourly 16 Hours Per Hour RUBBISH REMOVAL BY TRACTOR RBIH RI% O SEAL TSTI 'I' SIT; SIT PUCE TOTAL PRIG BY TRAR t�UTTT!' Loader, Dump Truck & Operator Hours Per Hour Per Cubic Yard Cu. Yd. Ea. Cu. Yd. COMPENSATION SHALL BE MADE FOR ON SITE'WORK ONLY,NOT FOR TRAVEL& DUMP TIME DOZING DOZING ASA 'ESTI ATED . . . �T I IT C TOTAL PRICK Angle Dozer& Operator Hours Per Hour DISCING D1SCIN4:uA IT TIT `�l;E I"f 'IIa "RICI�� 0 - 11,000 Sq. Ft. 4 Parcels Ea. 11,001 -22,000 Sq. Ft. 4 Parcels Ea. 22,001 -33,000 Sq. Ft. 4 Parcels Ea. 33,001 - 43,560 Sq. Ft. 4 Parcels Ea. More than 1 Acre thru 10 Acres 30 Acres Per Acre More than 10 Acres Acres Per Acre Hourly 79 Hours Per Hour TOTAL COMPOSITE BID S 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, dependabilityand responsibility,regardless of the individual unit prices listed for application. TAfFBtWAC0NTEB.CNT1am MD -13 _ _ 1. CONTRACTOR EXPERIENCE a. Number of years in professional weed abatement business: years. b. List all weed abatement contracts you have had in the last five (5)years. Use additional page if necessary. �A1 SI3 R Ss Ol�TRAC`1 A1V U�[TNT 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. AM:UNT TYPE SME 3. CONTRACTOR'S BUSINESS OFFICE Address: Telephone: 4. SUBCONTRACTORS a. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent(5%)of the contractor's total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. b. If it should become necessary to add or change subcontractors during the term of this contract,the Chief shall be informed immediately. C. Provide the following information about subcontractors: T:tMFMACONTEB.MN am MD -94 Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone,4: Amount& Type of Equipment.Provided: Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: TAMFMWACONTERCNTtiam MD -15 ''I'll,...I................................................................................................................................................................... ........... ..................................................... ..................... ..... ..... 1998/99/2000 ABATEMENT CONTP.ACT FOR EXTERIOR FIRE HAZARD CONTROL 1. SPECIAL TERMS: These special terms are incorporated below by reference. A. PARTIES: Contra Costa County Fire Protection District, East Division, 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 Fire 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 District, Administrator of the Exterior Fire Hazard Control Program. F. CONTRACT PRICE. $ (for unit price contracts, more or less, in accordance with finished quantities at unit bid prices). 2. SIGNATURES AND ACKNOWLEDGMENT: FIRE DISTRICT: by: (Fire Chief or Designated Representative) (Secretary) CONTRACTOR: Hereby also acknowledging awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Worker's Compensation Law. by: (Designate official capacity in the business) by: (Designate official capacity in the business) Taxpayer Identification Number: NOTE TO CONTRACTOR: (1) Execute acknowledgment form below, and (2)if a corporation, signatures must conform to designated representative groups pursuant to Corporations Code Section 313. T:WFB\WAC0NTEB.CNTWm MD -16 ... ..........................................................................................................I........ -...I............I............................................................................................................................................................................ ...................................................................................................... ...... .... (State tate of California ACKNOWLEDGMENT (By Corporation, Partnership, County of or Individual) The person(s)signing above for Contractor,known to me in individual and business capacity(ies)as stated, personally appeared before me today and acknowledged that he/she/they executed it,and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. DATED: (NOTARIAL SEAL) NOTARY PUBLIC Form approved: VICTOR J. WESTMAN COUNTY COUNSEL BY: Z42k,5,� A Diane J. Silver Deputy County Counsel 3. CONTRACT TERM: a. 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, 2000. b. This contract may be terminated by the Fire District, at its own discretion,by said Fire District giving written notice of said termination to contractor, at the address set forth by contractor in his bid proposal,no less than 30 days before October 1, 1998 or October 1, 1999. If notice of termination is given,the contract shall be terminated on the December 31 following the notice of termination. In the event of termination, contractor shall be entitled to payments due through the date of termination, but Fire District shall assume no other duty or liability to contractor on account of its termination of the contract. C. Unless the contract is terminated in the manner set forth in paragraph(b)above,the contractor shall be entitled during the term of this contract to annual adjustments in the contract price,upward or downward,to reflect changes in the"Consumer Price Index for Urban Wage Earners and Clerical Workers, San Francisco-Oakland, Al items--- Series A(1982/84-100)",published by the Bureau of Labor Statistics of the United States as follows: The Cost of Living Index published for the year ending December 3I, 1997, shall be taken as the"Base Index"for the purpose of computation. On January 1, 1998 and again on January 1, 1999,the rates set forth in this contract shall be increased or decreased by not more than a percentage amount equal to the new percentage change between the Base Index and the Cost of Living Index for the calendar year ending December 31 of the previous year. The adjusted rate shall be deemed thereafter to be the Base Index for the purposes of the next rate computation. Such percentage of change shall be calculated to the nearest one-tenth of 1%, and said rates shall be rounded off to the nearest one cent of increases or decreases. 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. TAMFMACONTEB.CNT1am MD -17 ................11.1............. . .......................................................................................................................... 11.1...I...-............................................................................................................................................................................................................... ........................................................................................... b. Contractor shall,at his/her own cost and expense, and in a workmanlike manner,fully and faithfully perform and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Fire District's Notice to Contractors, Proposal, Orders and Abatement Specifications. C. The work can be changed only with the Fire District's prior written order specifying such change and its cost agreed to by the parties; and the Fire District shall never have to pay more than specified in Section 7 without such an order. 5. TIME, NOTICE TO PROCEED: Contractor shall start this work as directed in the Orders and complete it as specified in Section 1. 6. INTEGRATED DOCUMENTS: The Notice to Contractors, Bid Proposal, Orders and Abatement Specifications or special provisions of the Fire District's call for bids, and contractor's accepted bid for this work are hereby incorporated into this contract, and they are intended to cooperate, so that anything exhibited in the Notice to Contractors, Bid Proposal,and Orders not mentioned in the Abatement Specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set forth in both,to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by the Fire District's agent specified in Section 1. 7. PAYMENT: For the strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Fire District shall pay the contractor the sum specified in Section 1, except that in this unit price contract,the payment shall be for finished quantities by hours or at unit bid prices in accordance with the Abatement Specifications. S. 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. 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. TAMFBNWAC0NTE8.CNT\am MD -18 ........................................................................... ........... ............................................................... ''I'll'',................................................................................................................................................................................................ ................................................................. C. I 01/10 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 over payment 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 or 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 thereunder 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. TAMFMWAC0NTEB.CNT1am MD -19 .......... ....... .. .................................................................................................. ............................................................................................................................................................................................ 12. LAWS AB PLY (GENERAL): Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter I 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 1913, concerning prevailing wages and hours, shall apply to this contract as though fully stipulated herein. 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 ot'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. TAMF8\WAC0NTEB.CNT\am MD -20 ............11.1.1....... .......................................................I................... .......... 16. APPRENTICES: Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6 (discrimination prohibited). 17. PREFERENCE FOR MATERIALS: The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products, workers, laborers and mechanics of this County in every case where the price, fitness and quality are equ4l. 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 moneys 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 mid 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 perforin including, but not limited to claims, costs or liability resulting from.: a. 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; b. 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 C. the sole or concurrent conduct of any ether person or entity. The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnity 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 Indemnity. TAMF8\WAC0NTEB.CNTIam MD -21 _.. r�l�r IIIIMUPPPPIri APPENDIX I CONTRACT: CONTRACTOR: CERTIFICATION BY CONTRACTOR(LABOR CODE,SECTION 1561)TO CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,EAST DIVISION. I am aware of the previsions of Section 3740 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 truce and correct. DATE: at: , CA CONTRACTOR BY: (Designate official capacity in business) BY: (Designate official capacity in business) 7:WFB1wAC©NTEB.GNT1am MD -22 APPENDIX 2 PERFORMANCE BOND Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL MEN BY THE PRESENTS: That we, as Principal,and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto as Obligee, in the sum of Dollars(S) lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated ,with the Obligee to do and perform the following work, to-wit: as is more specifically set forth in the contract documents, reference to which is hereby made. NOW,THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void,otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished,or changes in the time of completion, which may be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder,nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety,and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum specified above, the Principal and the Surety,their heirs, executors, administrators, successors and assigns,jointly and severally, shall be obligated to pay to the Obligee all costs, attorney's fees and other litigation expenses incurred by the Obligee in collecting moneys due under the terms of this bond. SIGNED AND SEALED,this day of , 19 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TWFMACONTEB.CNTkam MD -23 __ _. .._.._. I I ___ _ _. _ _... ._....._. ......... ......... ..._..... ......... . _........ ......... ......... ......... .. ........ ........ ......... ......... ......... ......... ......... _.._... ......... ......... ......... ......... . ........ ......... .................................................. APPENDIX 3 PAYMENTBOND Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL MEN BY THE PRESENTS: That we, as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the sum of Dollars ($) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that,whereas the Principal has entered into a contract dated ,with the Obligee to do and perform the following work,to-wit: as is more specifically set forth in the contract documents,reference to which is hereby made. NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13024 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee,to be fixed by the court. This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNF.n AND SEALED. this day of 1 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TAMFBIWACONTEB,CNT\am MD -24 Contra Costa County CON 'QCT COMPLIANCE OUTREACH PROGR. Affirmative Action Office 651 Pine Street,Martinez,CA 94553 (510)335-1045;FAX(510)646.1353 VERIFICATION OF PERFORMANCE AS A MBE WBE SBE LBE PRIME/SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER 1. Name of Prime Contractor 2. Name of Project 3. Project Number 4. The undersigned performed work in connection with the above project as(check one): Sole proprietorship Corporation Partnership Joint Venture 5. Check the following which may apply: 1f non apply check"none" None _ MBE WBE SBE LBE Subcontractor __ Subcontractor Subcontractor __ Subcontractor _ Supplier _._ Supplier Supplier Supplier Manufacturer _ Manufacturer Manufacturer Manufacturer Trucker Trucker Trucker Trucker Other Other _ Other __ Other Describe Describe Describe Describe 6. The undersigned has performed the following described work in connection with the above project (specify in detail the particular work items or parts that were performed): 7. Total Bid to Prime Contractor: $ 8. Total Amount Received: $ 9. Explain any difference between lines#7 and#8 by attaching a written explanation. 10. Signature Position/Title Date 11. Name of Person Completing this Form 12. Company Name Phone Number 1' ) FAX Number c:\fortes\vop.wpd REVISED 11/97 .......................................................................................................................................................... .................................................................................... 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 to attend one of the meetings that will be held at the Contra Costa County Fire Protection District office at 2010 Geary Road, Pleasant Hill, on MU 13. 1998, at 3:00 12.m. and May 20, 1928,at..9-:30 a.m. BID PROPOSAL TRACTOR DRAWN MOWING A T bl QDAY -4- X: 0 - 11,000 Sq. Ft. 2 Parcels Ea. 11,001 - 22,000 Sq. Ft. 2 Parcels Ea. 22,001 - 33,000 Sq. Ft 2 Parcels Ea. 33,001 - 43,560 Sq. Ft. 2 Parcels Ea. More Than I Acre 4 Acres Per Acre Hourly 16 Hours Per Hour RUBBISH REMOVAL BY TRACTOR RUBBI , :::REMO.VAL . ..... :Xxx XX a 0.0 Loader, Dump Tru& &Operator Hours Per Hour Per Cubic Ya—rd Cu. Yd. Ea. Cu. Yd. COMPENSATION SHALL BE MADE FOR ON SITE WORK ONLY,NOT FOR TRAVEL&DUMP TIME DOZING . ............. L PRIM .......... Z :.: :;: .,0TA_J 'ING X DO tRA::, ... two Angle Dozer& Operator Hours Per Hour TAMFB\WAC0NTCD.CNTkam D - 11 ........... ........................... --l-,...I.......................................................................................... ..................................................... Contra Costa County Fire Protection District Central Division BID PROPOSAL FOR EXTERIOR FIRE HAZARD CONTROL 1998/99/2000 ABATEMENT CONTRACT For the perforniance of exterior fire hazard abatement work in the Contra Costa County Fire Protection District, Central Division, hereinafter referred to as the"Fire District"or"District". NAME OF BIDDER: BUSINESS ADDRESS: PLACE OF RESIDENCE: The undersigned hereby offers to furnish all equipment, materials and labor where ordered, and to do the work necessary to complete the project as described in the Notice to Contractors in accordance with the Abatement Contract and Abatement Specifications relating thereto which are on file at the Fire District office at the unit prices set forth on Page_of this proposal at a total bid amount of: (TOTAL AMOUNT OF COMPOSITE BID FROM THE BID PROPOSAL) Dollars $ The work will be done pursuant to the said Abatement Specifications and the Orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed, analyzed,and evaluated by the Fire District after the public opening of the bids by the Contra Costa County 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. By signing below, the undersigned verifies that he or she qualifies as the type of enterprise described in the County's Interim Outreach Program adopted on December 9, 1997 (specifically,Construction Outreach Program, Section V.A., #1-6)or has otherwise complied with this program by making good faith outreach efforts pursuant to the program and as outlined in the documentation attached to this proposal. CONTRACTOR(General): AUTHORIZED SIGNATURE: DATE: NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 12 - 14 OF THE BID PROPOSAL. TAMFBNWAC0NTCD.CNT\am D - 10 DISCING EU €IT SNITRTCE T£)TAL FIDE" 0 - 11,000 Sq. Ft. 4 Parcels Ea. 11,001 -22,000 Sq. Ft. 4 Parcels Ea. 22,041 - 33,000 Sq. Ft. 4 Parcels Ea. 33,401 - 43,560 Sq. Ft. 4 Parcels Ea. More than 1 Acre thru 10 35 Acres Per Acre Acres More than 10 Acres Acres Per Acre [Hourly 79 Hours Per Hour 1. CONTRACTOR EXPERIENCE a. Number of years in professional weed abatement business: years. b. List all weed abatement contracts you have had in the last five (5)years. Use additional page if necessary. YEARS . . ' tA1L&A ►D► SC1 'I'RA '�C'pT"!z AIVIUUIT 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. All#"ItN SCBE TAMP 8\WACONTCD.CNT\am D - 12 3. CONTRACTOR'S BUSINESS OFFICE Address: Telephone: 4. SUBCONTRACTORS a. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent(5%) of the contractor's total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. b. If it should become necessary to add or change subcontractors during the term of this contract, the Chief shall be informed immediately. C. Provide the following information about subcontractors: Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: TAMFB\WACDNTCD.CNTIam ® - 13 G Name: Years of Experience: Address: Phone #: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: T.\MFe\wACONTca.CN*Ram D - 14 1998/9912000 ABATEMENT CONTRACT FOR EXTERIOR FIRE HAZARD CONTROL 1. SPECIAL TERMS: These special terms are incorporated below by reference. A. PARTIES: Contra Costa County Fire Protection District,Central Division, 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 Fire 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 oforders or as set 11orth by the 1,irr. District in Orders to be issued. E. FIRE DISTRICT'S AGENT. Fire Chief of the District,Administrator of the Exterior Fire Hazard Control Program. F. CONTRACT PRICE: $ (for unit price contracts, more or less,in accordance with finished quantities at unit bid prices). 2. SIGNATURES AND ACKNOWLEDGMENT: FIRE DISTRICT: by: (Fire Chief or Designated Representative) (Secretary) CONTRACTOR: Hereby also acknowledging awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Worker's Compensation Law. by: (Designate official capacity in the business) by: (Designate official capacity in the business) Taxpayer Identification Number: NOTE TO CONTRACTOR: (1) Execute acknowledgment form below, and(2)if a corporation, signatures must conform to designated representative groups pursuant to Corporations Code Section 313. TAMFB\WAC0NTCb.CNTlam D - 15 ...................................... .. ... . c D (State of California ) ACKNOWLEDGMENT (By Corporation,Partnership, County of ) or Individual) The person(s)'signing above for Contractor,known to me in individual and business capacity(ies)as stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. DATED: (NOTARIAL SEAL) NOTARY PUBLIC Form approved: VICTOR J. WESTMAN h4ov,_0 COUNTY COUNSEL BY: lane J. Silver Deputy County Counsel 3. CONTRACT TERM: a. 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, 2000. b. This contract may be terminated by the Fire District, at its own discretion,by said Fire District giving written notice of said termination to contractor, at the address set forth by contractor in his bid proposal,no less than 30 days before October 1, 1998 or October 1, 1999. If notice of termination is given,the contract shall be terminated on the December 31 following the notice of termination. In the event of termination, contractor shall be entitled to payments due through the date of termination, but Fire District shall assume no other duty or liability to contractor on account of its termination of the contract. C. Unless the contract is terminated in the manner set forth in paragraph(b)above,the contractor shall be entitled during the term of this contract to annual adjustments in the contract price,upward or downward,to reflect changes in the"Consumer Price Index for Urban Wage Earners and Clerical Workers, San Francisco-Oakland,All items--- Series A(1982/84-100)",published by the Bureau of Labor Statistics of the United States as follows: The Cost of Living Index published for the year ending December 31, 1997, shall be taken as the"Base Index" for the purpose of computation. On January 1, 1998 and again on January 1, 1999,the rates set forth in this contract shall be increased or decreased by not more than a percentage amount equal to the new percentage change between the Base Index and the Cost of Living Index for the calendar year ending December 31 of the previous year. The adjusted rate shall be deemed thereafter to be the Base Index for the purposes of the next rate computation. Such percentage of change shall be calculated to the nearest one-tenth of 1%, and said rates shall be rounded off to the nearest one cent of increases or decreases. 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. TAMFMWACONTco.eNT am D - 16 b. Contractor shall,at his/her oven 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. G. 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 (S) damage to another contractor, or (6) damage to the Fire District, other than damage due to delay. b. The Fire District shall use reasonable diligence to discover and report to the contractor, as the work progresses,the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the contractor in making good any defective work or parts. T;iMFB\WAC4NTCO.GNT1am D - 17 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 over payment 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 or 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 roust 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 thereunder 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. 7:WFB\WACON`CCD.CN71am D - 18 j'2. 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 as though fully stipulated herein. 1.3. 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 clay. 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 Ru`nish 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. FOURS 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. T:WFBkWAcoNTCD,CNT\SM D - 19 APPRENTICES: Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6(discrimination prohibited). 17. PREFERENCE FOR MATERIALS: The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products,workers, laborers and mechanics of this County in every case where the price,fitness and quality are equal. 18. ASSIGNMENT: This agreement binds the heirs, successors,assigns and representatives of the contractor; but he/she cannot assign it in whole or in part,nor any moneys 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 Jur daannuges or enfurcenmit arising from the failure to comply with any of the terms and conditions hereof. 20. BOLD 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: a. 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; b. 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 C. 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 Indemnity 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 Indemnity. T:WF8\WAC0NTCD.CNT1am D -20 ........I........................................................... ..................... ................................................................ APPENDIX 1 CONTRACT: CONTRACTOR: CERTIFICATION BY CONTRACTOR(LABOR CODE,SECTION 1861)TO CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,CENTRAL DIVISION. 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: XA CONTRACTOR BY: (Designate official capacity in business) BY: (Designate official capacity in business) TAMFMACONTMCKnam D -21 ................. ...... APPENDIX 2 PERFORMANCE BOND Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL MEN BY THE PRESENTS: That we, s as Principal, and - a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the sum of Dollars($)lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that,whereas the Principal has entered into a contract dated , with the Obligee to do and perform the following work,to-wit: as is more specifically set forth in the contract documents, reference to which is hereby made. NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein,then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished,or changes in the time of completion,which may be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety,and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum specified above,the Principal,and the Surety,their heirs, executors, administrators, successors and assigns,jointly and severally, shall be obligated to pay to the Obligee all costs,attorney's fees and other litigation expenses incurred by the Obligee in collecting moneys due under the terms of this bond. SIGNED AND SEALED,this day of , 19—. (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TAMFe\wa,corn co.cNT\am D -22 __ __ _ _ _ _ APPENDIX PAYMENT BOND Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL MEAT BY THE PRESENTS. That we, as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety,are held and firmly bound unto , as Obligee, in the sum of Dollars(S)lawful money of the United. States of America, for the payment of which sura well and truly to be made, we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally,;firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated ,with the Obligee to do and perform the following work,to-wit. as is more specifically set forth in the contract documents,reference to which is hereby made. NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED,this day of , 19 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TAMFMWAC0NTco.CNTtam D - 23 Contra Costa County CONTRACT COMPLIANCE OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez,CA 94553 v ' (510)335-10145,FAX(510)646-1353 VERIFICATION OF PERFORMANCE AS A MBE WBE SBE LBE PRIME/SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER 1. Name of Prime Contractor 2. Name of Project 3. Project Number 4. The undersigned performed work in connection with the above project as(check one): Sole proprietorship Corporation Partnership Joint Venture 5. Check the following which may apply: If non apply check"name" None MBE WBE SBE LBE Subcontractor __ Subcontractor __.. Subcontractor ,_.,_, 'Subcontractor Supplier _ Supplier — Supplier ,_._, 'Supplier Manufacturer _ Manufacturer ._,._ Manufacturer — Manufacturer Trucker _ Trucker — Trucker — Trucker Other Other— ____ Other Y.. tither Describe Describe Describe Describe 6. The undersigned has performed the following described work in connection with the above project (specify in detail the particular work items or parts that were performed): 7. Total Bid to Prime Contractor: $ & Total Amount Received: $ 9. Explain any difference between lines#7 and#8 by attaching a written explanation. 103. Signature Position/Title Date 11. Name of Person Completing this Form 12. Company Name Phone Number FAX Number cAfarms\vop.wpd REVISED 11/97 1 , 1 7 NOTICE To CONTRACTORS f Contra Costa County Fire Protection District Central Division 199819912000 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL by MOWING, RUBBISH AND HAZARDOUS WEED REMOVAL Notice is hereby given by order of the Board of Supervisors of Contra Costa County,as the governing board of the Contra Costa County Fire Protection District, Central Division(hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds,rubbish and other fire hazard conditions within the Contra Costa County Fire Protection District, Central Division,boundaries and under its jurisdiction for the period of June 1, 1998 through December 31,2000. The Contra Costa County Fire Protection District,Central Division,consist of Concord, Martinez, Pleasant Hill, Walnut Creek,Lafayette,Pacheco,Clayton,and county lands in and around the communities. 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 matte on a Bid Proposal form to be obtained at the District office and must be accompanied by a certified or cashier's check or checks,or bid bond in the amount of ten percent (10°10)of the base bid amount,made payable to the order of"Contra Costa County Fire Protection District". The above mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work,and will be forfeited by the bidder and retained by the District if the successful bidder refuses,Neglects,or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County,as governing Board of the District. In lieu of the foregoing,the bidder may elect to deposit securities of equivalent value with the District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities,if deposited by the bidder, shall be valued by the District,whose decision on valuation of the securities shall be final. Bid Proposals shall be sealed and filed with the Clerk of the Board of Supervisors,Room 106,County Administration Building,651 Pine Street,Martinez,California,94553-1297,on or before. tune 3. IM,at 11-DO am. and will be opened in public and at the time due in the Board of Supervisors' Chambers,Room 107,Administration Building,Martinez,Contra Costa County,California, and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one(1)bid will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control program. The Administrator of the Exterior Hazard Control program is the Fire Chief of the Contra Costa County Fire Protection District,hereinafter referred to as the Fire Chief. The Fire Chief will recommend to the Board of Supervisors the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form ofcontract. 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(500/0) 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 Dk*Mr 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 some 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. Bidders are hereby notified that on December 9, 1997,the Contra Costa County Board of Supervisors adopted an Luerim Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program(Section V.A.,paragraphs 1-5). A copy of the Interim Outreach Program is attached as Appendix A to this Notice. Bidders will be expected to attach to their bid proposals all relevant documentation indicating that they have complied with the Construction Outrtac:h Program and verity compliance on their bid proposals. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County dire Protection District,Central Division. Deputy Cleric By: c 1 May 5 1998 Phil Batchelir, Clerk of the Board of Supervisors and County Administrator Publication Dates: Bay 159 1998 and May 229 1998. (Pub. Contract Section 20812) Centra Costa Times: Daily, Ledgri: San Ramon Valle„,Times: 3yest Crnmn'i Times: Contra Costa County Fire Protection District Central Division 1998/99/2000 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL by MOWING, RUBBISH AND HAZARDOUS WEED REMOVAL CONTRACT DOCUMENTS 1 . NOTICE TO CONTRACTOR APPENDIX A: INTERIM OUTREACH PROGRAM 2. ABATEMENT SPECIFICATIONS 3. BID PROPOSAL, 4. ABATEMENT CONTRACT APPENDIX 1: WORKERS COMPENSATION LIABILITY APPENDIX 2: PERFORMANCE BOND APPENDIX 3: PAYMENT BOND VERIFICATION OF PERFORMANCE T MIfFB\WACCN TCM.CN71am M _ 1/IIIMWIr�Ir�� rPI111rrrrrY� trot NOTICE TO CONTRACTORS Notice is hereby given by order of the Board of Supervisors of Contra Costa County,as the governing board of the Contra Costa County Fire Protection District, Central Division(hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds, rubbish and other fire hazard conditions within the Contra Costa County Fire Protection District, Central Division,boundaries and under its jurisdiction for the period of lune 1, 1998 through December 31, 2000. The Contra Costa County Fire Protection District, Central Division, consist of Concord, Martinez, Pleasant Hill, Walnut Creek, Lafayette, Pacheco, Clayton, and county lands in and around the communities. 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, 20110 Geary Road, Pleasant Hill, California 94523-4694. The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office and must be accompanied by a certified or cashier's check or checks,or bid bond in the amount of ten percent (10%)of the base bid amount, made payable to the order of"Contra Costa County Fire Protection District". The above mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the District if the successfulbidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County,as governing Board of the District. In lieu of the foregoing,the bidder may elect to deposit securities of equivalent value with the District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the bidder, shall be valued by the District, whose decision on valuation of the securities shall be final. Bid Proposals shall be sealed and filed with the Clerk of the Board of Supervisors, Room 106, County Administration Building, 651 Pine Street, Martinez,California, 94553-1297,on or before. June 3. JM,at 11 00 a.m., and will be opened in public and at the time due in the Board of Supervisors' Chambers, Roam 107,Administration Building, Martinez, Contra Costa County, California, and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one (1)bid will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control program. The Administrator of the Exterior Hazard Control program is the Fire Chief of the Contra Costa County Fire Protection District,hereinafter referred to as the Fire Chief. The Fire Chief will recommend to the Board of Supervisors the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form of contract. The right is reserved to reject any and all proposals. The successful'bidder will be required to furnish a payment bond in an amount equal to 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 bands to be secured from a surety company authorized to do business in the State of California. TAMFMACONTMCNT1am D - 2 Bidders are hereby notified that pursuant to Section 1773 of the Labor Code of the Mate 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. Bidders are hereby notified that on December 9, 1997,the Contra Costa County Board of Supervisors adopted an Interim Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program(Section V.A.,paragraphs 1-6). A Gopy of the Interim Outreach Program is attached as Appendix A to this Notice. Bidders will be expected to attach to their bid proposals all relevant documentation indicating that they have complied with the Construction Outreach Program and verify compliance on their bid proposals. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. By Order of the Board of Supervisors of Contra Costa County as the Governing Brady of the Contra Costa County Fire Protection District,Central Division. Deputy Clerk By: '' r r tlay 5 1998 Phil Batche " ,Clerk of the Board of Supervisors and County Administrator Publication Dates: May 15, 1998 ,and May 22, 1998, (Pub. Contract Section 20812) C!D=a Costa Time Daily UdQerr: San Ramon Valley Times: West Co+ ly Time TAMFB\WACONTCD.CNT1am D - 2 x ' irlr rriri-■irn�rr — NOTICE TO CONTRACTORS Notice is hereby given by order of the Board of Supervisors of Contra Costa County, as the governing board of the Contra Crista County Fire Protection District,Central Division(hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds,rubbish and other fire hazard conditions within the Contra Costa County Fire Protection District, Central Division, boundaries and under its jurisdiction for the period of June 1, 1998 through December 31,2000. The Contra Costa County Fire Protection District, Central Division,consist of Concord, Martinez, Pleasant Hill, Walnut Creek, Lafayette,Pacheco,Clayton,and county lands in and around the communities. Each bid is to be in accordance with the Abatement Specifications relating thereto which are on file at the Contra Costa County Fire Protection.District office, 2010 Geary Road, Pleasant Hill, California 94523-4694. The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office and must be accompanied by a certified or cashier's check or checks, or bid bond in the amount of ten percent (10%) of the base bid amount,made payable to the order of"Contra Costa County Fire Protection District". The above mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the District if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County, as governing Board of the District. In lieu of the foregoing,the bidder may elect to deposit securities of equivalent value with the District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the bidder, shall be valued by the District, whose decision on valuation of the securities shall be final. Bid Proposals shall be sealed and filed with the Clerk of the Board of Supervisors, Room 106, County Administration Building, 651 Pine Street, Martinez, California, 94553-1297, on or before June 3, 1998, at 1 x,:00 a.m.,and will be opened in public and at the time due in the Board of Supervisors' Chambers, Room 107, Administration Building,Martinez, Contra Costa County, California, and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one(1)bid will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control program. The Administrator'of the Exterior Hazard Control program is the Fire Chief ofthe Contra Costa County Fire Protection:District,hereinafter referred to as the Fire Chief. The Fire Chief will recommend to the Board of Supervisors the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form of contract. The right is reserved to reject any and all proposals. The successful bidder will be required to furnish a payment bond in an amount equal to fifty percent (501/0 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. TAMFMACaaTMCNTr am M - 2 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. Bidders are hereby notified that on December 9, 1997,the Contra Costa County Beard of Supervisors adopted an Interim Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program(Section V.A., paragraphs 1-6). A copy of the Interim Outreach Program is attached as Appendix A to this Notice. Bidders will be expected to attach to their bid proposals all relevant documentation indicating that they have complied with the Construction Outreach Program and verify compliance on their bid proposals. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Fire Protection District, Central Division. Shirley Casillas, Deputy Clerk By: c Phi BBatche , ;Clerk of the Board of Supervisors and County Administrator Publication Dates: May 15, 1998 and May 22, 1998, (Pub. Contract Section 24812) CQ ra a limes: QailYLed : San I2aQn'galley Times: West Coun : T:W FBIWAC0NTCM.CNT\am lel - 2 APPENDIX A INTERIM OUTREACH PROGRAM T:IMFBIWACONTCM.CNT\am M -23 ..........I...I...-....................................................................................................................................................... ............................................................................................ ... Contra Costa County Interim Outreach Program I. Policy Statement The Contra Costa County Board of Supervisors encourages opportunities to develop, support, and utilize firms, including Minority-owned Business Enterprises (MBEs), Women-owned Business Enterprises (WBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs), by providing opportunities for participation in the performance of construction,purchasing,and professional/personal services contracts financed in whole or in part with County funds. 11. Introduction The Outreach Program is presented in four broad sections: A. Program Responsibility B. Input from County Advisory Groups C. Outreach Program Areas I. Construction 2. Purchasing 3. Professional/Personal Services D. Program Evaluation The first section identifies specific areas of responsibility for the Board of Supervisors, the County Administrator, Affirmative Action Officer, Department Head, and Program Administrator. Their roles and responsibilities are discussed. The second section describes the County's Outreach Program,identifying areas coordinated and implemented by the Affirmative Action Office. The third section addresses input from County advisory groups. The fourth section reviews how the Outreach Program is evaluated. The Appendix is provided to present examples of some of the documents used in the implementation of the Outreach Program. 111. Program Responsibility A. Board of Supervisors I. The Board of Supervisors has policy responsibility for the County's Outreach Program. 2. The Board of Supervisors acknowledges achievement in the area of the c:outreach ............. .................... Interim Outreach Program Outreach Program and recognizes outstanding performance by departments. B. County Administrator 1. It is the responsibility of the County Administrator's Office to administer and implement the Outreach Program. 2. The County Administrator will include a section in department head evaluations each year for rating the department's efforts in connection with the Outreach Program. C. Affirmative Action Office Direct responsibility for development,coordination,implementation,and evaluation of the Outreach Program is with the County's Contract Compliance Officer. Some of the Officer's duties and responsibilities in the Outreach Program area are the following: I. Assists departments and special districts in administering the Outreach Program consistent with the overall program for the County. 2. Plans, coordinates, and directs the day-to-day activities of the Outreach Program. 3. Develops and recommends the implementation of policies and procedures needed to attain the purposes of the Outreach Program. 4. Disseminates information on the Outreach Program, legal developments,and articles concerning the Outreach Program to County departments and special districts. 5. Stays informed of developments in the Outreach Program area. 6. Reviews departmental Outreach Plans and advises the department head and the designated staff person(s) of suggested revisions. Assists departmental personnel in developing effective methods of achieving outreach efforts by: a. Reviewing department procedures for monitoring achievement of outreach efforts. b. Evaluates departments' outreach efforts. 7. Evaluates and prepares reports on the progress of the County and individual departments in the Outreach Program. 8. Makes recommendations to further the achievements of the Outreach Program. c.outreach 2 Interim Outreach Program 9. Acts as liaison with community and professional groups concerned with outreach programs. 10. Prepares, analyzes and provides statistical surveys to department heads annually. Reports on data pertinent to outreach programs. 1 t. Ascertains requirements of federal and state agencies that may impact outreach programs. 12. Reviews the need for formalized training for department heads and recommends training classes that department heads or their designated staff person(s)should attend. 13. Requests regularly scheduled meetings with trade union representatives to present changes in the County's Outreach Program. D. Department Heads Department Heads are responsible for implementing the Outreach Program within their department or agency. Their areas of responsibility include: I. Appoint one or more staff person(s) to assist and advise the department head in carrying out the Outreach Program. The staff person(s) implement(s) the requirements ofthe County Outreach Program,including departmental outreach and reporting. 2. Assess compliance in carrying out the purposes of the Outreach Program. 1 Make available copies of the County Outreach Program to employees and the public,especially contractors,consultants,and vendors. 4. Direct annual review of departments'performance and prepare progress reports with copies sent to the Affirmative Action Office. �. Direct annual review and update of departmental outreach and reporting. E. County Counsel Provides advice and counsel to department heads,Contract Compliance Officer,County Administrator,and the Board of Supervisors. IV. Input from County Advisory Groups A. The Advisory Council on Equal Employment Opportunity will continue to serve in an advisory role. c:outreach 3 Interim Outreach Program B. Input will be obtained from other County advisory groups. C. The County and City of Richmond's Private Industry Council are available to assist MBEs, WBEs, SBEs,and LBEs develop their businesses. V. Outreach Program Areas A. Construction Outreach Program 1. Minority Business Enterprise A Minority Business Enterprise(MBE)is a business that is at least 51%owned by,and whose management and daily business operations are controlled by,one or more minority persons who are citizens or lawful permanent residents of the United States. The control must be substantial,real,and on-agoing on a regular basis. The applicable minority groups are defined as follows: a) Black: All persons having origins in any of the Black racial groups of Africa. b) Latino(a): All persons having origins in Mexico, Puerto Rico, Cuba,Central America,or South America,regardless of race. C) Asian/Pacific All persons having origins in any of the original peoples Islander: of Japan, China, the Indian Subcontinent, the Philippines,Vietnam,Cambodia,Laos,Korea, Samoa, Guam,the U.S.Trust Territories of the Pacific, Northern Marianas,Taiwan,Hawaii,or the Pacific Islands. d) American All persons having. origins in any of the original peoples Indian/ of North America(including Aleuts and Eskimos)who Alaskan maintain cultural identification through tribal affiliation or Native: community recognition. 2. Women Business Enterprise A 'Women Business Enterprise(WBE)is a business that is at least 51%owned by,and whose management and daily business operations are controlled by,one or more women who are citizens or lawful permanent residents of the United States. The control must be substantial,real,and on-going on a regular basis. 3. Small Business Enterprise A Small Business Enterprise(SBE) is a small business concern,as defined in c:outreach 4 Interim Outreach Program Section 3 of the Small Business Act and implementing regulations(Volume 13 of the Code of Federal Regulations,Chapter 1). 4. Local Business Enterprise A Local Business Enterprise(LBE) is a business entity whose principal place of business is located within the boundaries of Contra Costa County. 5. Bidder Outreach Efforts a. Bidders are encouraged to make the following outreach efforts: (1) Contact the following agencies for listings of MBEs, WBEs, SBEs, and LBEs: (a) Contra Costa County Affirmative Action Office 651 Pine Street, 10th Floor Martinez, CA 94553 (510) 335-1045 (510)646-1353/fax Ekuev@dp.co.contra-costa.mus (b) General Services Department Architectural Division 1220 Morello Avenue, Suite 100 Martinez,CA 94553 (510) 313-7200 (510) 313-7299/fax (c) Public Works Department 255 Glacier Drive Martinez,CA 94553 (510) 313-2000 (510) 313-2333/fax (d) City of Oakland Office of Public Works One City Hall Plaza Oakland, CA 94612 (510)238-3970 (510)238-2233/fax (e) Regional Transit Coordinating Council Golden Gate Bridge, Highway and Transportation District,Chair c:outreaeh 5 Interim Outreach Program 1011 Andersen Drive#108 San Rafael,CA 94901-5381 (415)257-4536 (415)257-4555/fax Cgonzaleggbhtd.dst.ca.us Includes listings for the fallowing agencies: --Alameda Contra Costa Transit District (AC TRANSIT) (510) 577-8812 (510) 577-8839/fax Sandyp@acbell.net --BART (510)464-6610 (510)464-7587/fax Jmackl@bart.dst.ca.us --CCCTA(Central Contra CostaTransit Authority) (510)676-1976x223 (510)686-2630/fax Commission --Metropolitan Transportation (510)464-7750 (510)464-7848/fax' Jmiyaz@mte.dst.ca.us --San Mateo County Transit .District (SAMTRANS) (415) 508-6417 (415) 508-6415/fax' --San Francisco Public Transportation (415) 923-6139 (415) 923-6137 (415)923-6180/fax' Authority --Santa Clara Valley Transportation (408)321-5606 (408) 955-0892/fax Andy.flores@vta.org c:outreach 6 Interim Outreach Program (f) San Francisco Human Rights Commission 25 Van Ness, Suite 800 San Francisco,CA 94102-6033 (415)252-2500 (415)431-5764/fax (g) State of California Department of Transportation Division of Civil Rights 1120 N Street, Room 2445 Sacramento,CA 95814 (916)654-7048 Http://www.dot.ca.gov/hq/bep/ (h) Port of Oakland 530 Water Street Oakland,CA 94607 (510)272-1390 (510)272-1172/fax (i) Los Angeles Transportation Commission Contract Compliance 818 West 7th Street,4th Floor Los Angeles,CA 90017 U.S. Small Business Administration Regional Office 71 Stevenson St, 20th Floor San Francisco, CA 94105-2939 (415)744-6808 (2) Request assistance in identifying and notifying MBEs, WBEs, SBEs, and LBEs from community organizations; contractor groups;local,state or federal business assistance offices;and/or other agencies or organizations that provide assistance in the recruitment and placement of MBEs, WBEs, SBEs,and LBEs. (3) Conduct broad-based outreach to potential subcontractors, suppliers,manufacturers and truckers,including MBES,WBEs, SBEs, and LBEs, by notifying those firms of this project(via fax,newspaper advertisements,etc.),and by providing project information(bid opening date, location of plans,etc.), and by inviting bids or quotations from all interested firms. c:outreach 7 Interim Outreach Program 6. Verification of Performance Upon completion of work,the contractor shall submit a completed'Verification of Performance' form for each first tier subcontractor, supplier,manufacturer, or trucker utilized by the contractor in connection with the project. This form shall be signed by the subcontractor, supplier, manufacturer, or trucker and shall identify the item(s) of work performed and the actual dollar amount received. Final payment for work done will not be made to the Contractor until all Verification of Performance forms are received. 7. Departmental Outreach and Reporting The General Services and Public Works Department will: (1) continue to conduct an annual workshop for prime contractors, subcontractors, suppliers, manufacturers, and truckers with a special focus on MBEs, WBEs, SBEs, and LBEs, in order to inform bidders about the County's Outreach Program. (2) continue to conduct prebid meetings for projects. (3) advertise for projects in daily or weekly newspapers,trade association publications, trade journals, or other media, such as the Daily Construction Service, Daily Pacific Builder, or Small Business Exchange, including minority and women publications,trade journals or other media. The advertisement(s) should state the following as a minimum: (a) Bid due date (b) Description of the entire project (c) Bidder's bond requirements (d) Identification of trades involved in the project (e) Engineer's or architect's estimated construction contract cost (f) Other pertinent information. (4) compile a list of certified MBEs, WBEs, and SBEs by using the CalTrans directory,the County directory,and other directories from the County's acceptable certifying agencies. The list should be tailored based on the items of work to be performed on the project. (5) add annually and upon request to the list of potential bidders maintained by the departments MBEs, WBEs, SBEs,and LBEs from the CalTrans directory,County directory,and other directories from the County's acceptable certifying agencies. c:outreach 8 Interim Outreach Program (6) continue to submit reports to the Affirmative Action Office on construction contracts less than $50,000 and projects of$50,000 or more,which will be formally bid. (7) In the department's annual performance report submitted to the County Administrator, include a contracting section. B. Purchasing Outreach Program to be developed. C. Professional/Personal Services Outreach Program to be developed. I. Departments will review the feasibility of identifying contracts that would allow for the selection of a pool of professionaUpersonal services consultants to receive contract awards on a rotational basis. The pool of consultants would include MBEs,WBEs, SBEs,and I.BEs. VI. Program Evaluation The County's Outreach Program is evaluated as follows: A. The County Administrator receives reports of the County's Outreach Program. Each report should describe the overall status of the Outreach Program, results achieved through outreach efforts, identification of any particular problems encountered, and recommendations for corrective actions. B. The Affirmative Action Office submits to the Board of Supervisors progress reports on the County's Outreach Program. C. Department head evaluations are conducted by the County Administrator and include a section on the Outreach Programs effectiveness and success. D. Additionaloutreach efforts by departments and the County will be evaluated by the County Administrator. c:outreach 9 __ _._.._... _...... ......... ......... ._....... ......... ......... ......... ......... ._.._._.. . .. ...__._.._ ......... ......... _........ ......... ......_.... ......... ......_.. ._....... ......... ......... ......... ABATEMENT SPECIFICATIONS 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 PROTECT 1. The Contra Costa County Fire Protection District, Central Division,hereinafter referred to as the"Fire District" or"District", notifies property owners within the Fire District of potential fire hazards related to dry grass, weeds, combustible rubbish and other fire hazards 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 ten(10) 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 Workers' Compensation Insurance sufficient to meet contractor's obligation to provide benefits to its employees as required by the State of California. Such Workers Compensation Insurance shall be extended to include Employers Liability coverage. Evidence of Contractor's Workers Compensation Insurance shall be furnished in the form of a Certificate of Insurance to the Fire District and underwritten by either the State Compensation Insurance Fund or an insurance company authorized to write Workers' Compensation Insurance in the State of California. All subcontractors engaged by contractor to furnish either labor or services under this contract shall be required by contractor to maintain adequate Workers' Compensation Insurance as required by the State of California and Employers Liability protection. b. Public Liability and Property Damage Insurance Including automobile Liability Coverage. 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 including automobile liability coverage 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. THE POLICY OR POLICIES,OR RIDER ATTACHED THERETO,SHALL NAME THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICTS,ITS OFFICERS AND EMPLOYEES,AS ADDITIONAL INSURED AND PROVIDE FOR AT LEAST THIRTY(30)DAYS WRITTEN NOTICE OF POLICY LAPSE OR CANCELLATION TO THE DISTRICT. TAMFB1WACONTCM.CNT1am M - 3 Said public liability and property damage insurance including automobile liability 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$1 million bodily injury and property damage combined single limit per occurrence. See the following: (1) Limit of liability for injury or accidental death: one person...............$1,0{30,000 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 may 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 and prior to January 1"of each subsequent year of the contract, furnish two good and sufficient surety bonds of a surety company or companies authorized to do business in the State of California and satisfactory to the Fire District, in an amount equal to fifty percent (50%)of the contract price (for subsequent years, contract price to be increased or decreased in accordance with Section 3-C of the contract agreement)for the payment of just claims for materials, labor, and subcontractors employed by him thereon,and a bond equal to fifty percent(50%)of the contract price (for subsequent years,contract price to be increased or decreased in accordance with Section 3-C of the contract agreement)as surety for the faithful performance of the contract. 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 and the prevention of damage to markers, utilities, planted vegetation or other property, public or private. 3. The contractor shall be solely responsible for satisfactorily repairing or replacing anything damaged, such as water pipes, fences,gates, landscaping, etc., by his employees and/or equipment. 4. The contractor shall complete all work as described on work orders in a timely and professional manner to the satisfaction of the Fire District. Abatement work orders issued to the contractor shall be completed within fourteen (14)calendar days from the date of issuance. The contractor shall return the work orders no later than fourteen(14)calendar days after the work is completed. T:WFB\WACONTCM.CNT\am M - 4 _ ......... ........... .._._._. _..._... __ _._ ......... ......... ......... ......... ......... .._.................................................................................................. 5. 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 onsite District staff concerns. 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. The actual work to be done exceeds 150% of the abatement specified in the work order. d. If permission to enter upon any property is denied, or the workers are ordered off the property. In such cases, all workmen and equipment are to be removed and the Fire District notified immediately. 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 50 miles of the Fire District's of"ficc to fiicilitttte necessary con►nninication. The contnictor and office suit l'inust he 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 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. 12. 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. 13. All equipment shall be in good and safe condition and shall be suitable for producing the required quality of work. All equipment used in crop land, range land, watershed or other open land shall have an approved spark arrestor affixed to the exhaust system. 14. 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 his vehicle or equipment. PHOTOGRAPHS 15. The contractor shall provide the number of instant color photographs necessary to do the following: a. Identify the parcel by landmarks. TAMFB\WACDNTCM.CN'Ram M _ 5 _._... ......._. ......... .............................. _ _ ....... ............__..__........ ...............__....._........___._.... ............ ........... ...._....__. . ._._..... ......... ......... b. Show the entire abatement problem before the abatement work begins. C. Show the entire condition of the parcel upon completion of the work. d. Before and after photos will be taken from the same location. C. Each said photograph shall be identified by parcel number, time, date, and specify whether before or after picture and bear the name of the photographer. The photograph will be given to the Fire District by the contractor at the time of invoicing for work completed. Invoices without good quality photographs will not be accepted for payment. The photographs will become the property of the Fire District. All costs for cameras and photographs shall be included in the bid price. 16. The contractor shall comply with the Interim Outreach Program adopted by the Contra Costa Board of Supervisors on December 9, 1997. The Interim Outreach Program is attached as Appendix A to the Notice to Contractors. 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 i 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. 4. The Fire District may amend the contract to add additional areas and properties for abatement, and the contractor has ten(10) 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. 5. The Fire Chief may order the removal of any vehicle, equipment or operator from the work if he determines that they do not meet the provisions and intent of this section. When so ordered, the contractor shall immediately replace said vehicle, equipment or operator with one approved by the Fire Chief or his authorized representative. TAMFB\WAC0NTCM.CNT1am M - 6 ......... ......... ......... ................_._... ......... ......... ......... ......... ._....... ......... ......... ......... ......... ........ . ......... ......... ......... ......... ......... ......... SECTION E TYPES OF ABATEMENT The method of correction and abatement shall be to the specifications and standards of the Fire District and may consist of one or more of the following: a. Hand Mowing b. Rubbish Removal (hand loaded) C. Tree Trimming d. Brush Removal e. Various other methods of correction and abatement as directed in the Orders issued. ABATEMENT STANDARDS 1. Complete Abatement- When complete abatement is ordered, as much of the entire parcel as possible shall be abated. 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 three (3) inches. 4. Tree Trimming- Trees may be required to be trimmed to allow for abatement underneath the tree or to prevent the accumulation of rubbish. 5. Rubbish and/or Other Combustible.Debris - Shall be completely removed when so ordered and disposed of at a proper site. 6. Various Other Methods - As assigned by the Fire District in order to secure compliance with District Ordinances. SECTION F EQUIPMENT REQUIREMENTS The equipment required by this abatement specifications document must be owned,or under an annual lease to the contractor for each year of the contract. a. Hand Mowing- Due to the amount of rocks and other obstacles hidden in the grass on many parcels, the mowers used must be heavy-duty and made for rough ground and of the belt driven blade type. Contractor shall provide enough mowers and/or gas powered heavy-duty weed eaters to supply at least two (2)work crews of a least three(3)persons,trucks to haul equipment and debris plus sufficient back-up equipment to complete the work orders in the allotted time. b. Removal of Rubbish (hand loaded) -The minimum crew for the removal of rubbish shall consist of three (3)people and one(1)truck. C. Tree Trimming- Two (2) chain saws having a minimum 24 inch bar. T:WFB\WACo1VTCM.CNT1am M - 7 SECTION G 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 may be billed. 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. S. 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 competed 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 31 t if no assessment or damage complaints are pending. The contractor may elect to receive 100%of payment 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: (1) Date or dates work done. (2) For orders issued by area, the unit price shall be listed. TAMFB\WACONTCM.CNTIam M _ 8 (3) 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. (4) Total contractor charge for each work order. (5) A copy of the receipt for dump charges shall be attached to all work orders for rubbish removal. (6) 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 madein writing with an explanation of the reason the change is being requested. T:1MFBiWACONTCM.CNT1am M - 9 .. ....... ......... ......... ......... ......... ..................................................................................................................... .............._..-_... ..___..... .._...... ......... ......... .._...... ......... ......... ......... .......... ........ ......... Contra Costa County Fire Protection District Central Division. BID PROPOSAL FOR.EXTERIOR.FIRE HAZARD CONTROL 1998/99/2000 ABATEMENT CONTRACT For the performance of exterior fire hazard abatement work in the Contra Costa County Fire Protection District, Central Division, hereinafter referred to as the "Fire District" or"District". NAME OF BIDDER: BUSINESS ADDRESS: PLACE OF RESIDENCE: The undersigned hereby offers to furnish all equipment,materials and labor where ordered,and to do the work necessary to complete the project as described in the Notice to Contractors in accordance with the Abatement Contract and Abatement Specifications relating thereto which are on file at the Fire District office at the unit prices set forth on Page_of this proposal at a total bid amount of: (TOTAL AMOUNT OF COMPOSITE BID FROM THE BID PROPOSAL) Dollars $ The work will be done pursuant to the said Abatement Specifications and the Orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed,analyzed, and evaluated by the Fire District after the public opening of the bids by the Contra Costa County 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 bands and insurance. By signing below, the undersigned verifies that he or she qualifies as the type of enterprise described in the County's Interim Outreach Program adopted on December 9, 1997(specifically, Construction Outreach Program, Section V.A.,#1-6)or has otherwise complied with this program by making good faith outreach efforts pursuant to the program and as outlined in the documentation attached to this proposal CONTRACTOR.(General): AUTHORIZED SIGNATURE: DATE: NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 11 - 13 OF THE BID PROPOSAL. TAMPB`wAC0NTCM.CNT1am M - 10 ......... ......... ......... ............................... _ __. ............. _._...... ......... ......... ..._...... ......_...... . ......... ........... ......... ......... ......... ......._. x BIDDING INFORMATION AND REQUIREMENT'S 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 to attend one of the meetings that will be held at the Contra Costa County Fire Protection;District office at 2010 Geary Road, Pleasant Hill, on May 12. 1998, at 3:00 pm. and May 20. 199a, at 9-30 a.m. BID PROPOSAL HAND MOWING BID PRICE TO INCLUDE REMOVAL&DISPOSAL OF ALL WEEDS AFTER MOWING Al D WIMP.:, >EaT:TIM, ,D SNIT !RICE!, T 3TAL PRICE QUAW`CI`f Y 0- 2,500 Sq. Ft. 10 Parcels Ea. 2,501 - 5,000 Sq. Ft. 13 Parcels Ea. 5,001 - 7,500 Sq. Ft. 12 Parcels Ea. 7,501 - 10,000 Sq. Ft. 12 Parcels Ea. 10,001 - 15,000 Sq. Ft. 27 Parcels Ea. 15,001 -20,000 Sq. Ft. 9 Parcels Ea. 20,001 - 25,000 Sq. Ft. 14 Parcels Ea. 25,001 - 30,000 Sq. Ft. 5 Parcels Ea. 30,001 - 35,040 Sq. Ft. 6 Parcels Ea. 35,001 -40,000 Sq. Ft. 4 Parcels Ea. 40,001 - 45,000 Sq. Ft. 12 Parcels Ea. More than 1 Acre thru 5 Acres Acres Per Acre Hourly Mowing & Misc. Per Man Hand Work 1455 Hours Hour RUBBISH REMOVAL -HADD LOADED Per Cubic Yarn 98 Cu. Yd. Ea. Cu. Yd. Hourly 225.5 Hours Per Man Hour TOTAL COMPOSITE BID S 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. T:WF8kWAc0NTcM.cNT\am M - 11 ......... ......... ......... ..........__..__.. _ ........ . ...._...... _._._.... ......... ......... ......... ......... ......... ......... ......... ......... ......... .............................. 1. CONTRACTOR EXPERIENCE a. Number of years in professional weed abatement business: years. b. List all weed abatement contracts you have had in the last five (5)years. Use additional page if necessary. POMAC, V1011 � AY1Yt3I T 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. AM. I T TYPE: SIZE 3. CONTRACTOR'S BUSINESS OFFICE Address: Telephone: 4. SUBCONTRACTORS a. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent(5%) of the contractor's total bid price shall be under binding contract to the contractor to ensure his/her commitment for the term of this contract. b. If it should become necessary to add or change subcontractors during the term of this contract, the Chief shall be informed immediately. C. Provide the following information about subcontractors: TAMFMACONTCM.CNT1am M - 12 _. _..... ......... ......... ......... __ _ ......... ._......_.. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................................... ................................................................................. Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone#: Amount&Type of Equipment Provided: Name: Years of Experience: - ^- Address: Phone#: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone k Amount& Type of Equipment Provided: T:\MFB\WACONTCM.CN7tam M — 13 ..................................................................................................................11... ... ... . ............................................................................................................................................................................................. ................................. 1998/99/2000 ABATEMENT CONTRACT FOR EXTERIOR FIRE HAZARD CONTROL 1. SPECIAL TERMS: These special terms are incorporated below by reference. A. PARTIES., Contra Costa County Fire Protection District, Central Division,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 Fire 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'SAGENT.- Fire Chief of the District, Administrator of the Exterior Fire Hazard Control Program. F. CONTRACT PRICE: $ (for unit price contracts, more or less, in accordance with finished quantities at unit bid prices). 2. SIGNATURES AND ACKNOWLEDGMENT: FIRE DISTRICT: by: (Fire Chief or Designated Representative) (Secretary) CONTRACTOR: Hereby also acknowledging awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Worker's Compensation Law. by: (Designate official capacity in the business) by: (Designate official capacity in the business) Taxpayer Identification Number: NOTE TO CONTRACTOR: (1)Execute acknowledgment form below, and(2) if a corporation, signatures must conform to designated representative groups pursuant to Corporations Code Section 313. TAMFBkWAC0NTCM.CN'r1am M - 14 .................................................................. (State of California ) ACKNOWLEDGMENT (By Corporation, Partnership, County of } or Individual)- The person(s)signing above for Contractor;known to me in individual and business capacity(ies) as stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. DATED: (NOTARIAL SEAL) NOTARY PUBLIC Form approved: VICTOR J. WESTMAN ' COUNTY COUNSEL BY: Diane J. Silver Deputy County Counsel 3. CONTRACT TERM: a. The terra of this contract shall commence on the date the contract is executed on behalf of the Fire District and shall terminate on December 31, 2000. b. This contract may be terminated by the Fire District, at its own discretion, by said Fire District giving written notice of said termination to contractor,at the address set forth by contractor in his bid proposal,no less than 30 days before October 1,.1998 or October 1, 1999. If notice of termination is given,the contract shall be terminated on the December 31 following the notice of termination. In the event of termination, contractor shall be entitled to payments due through the date of termination, but Fire District shall assume no other duty or liability to contractor on account of its termination of the contract. C. Unless the contract is terminated in the manner set forth in paragraph(b)above, the contractor shall be entitled during the term of this contract to annual adjustments in the contract price, upward or downward, to reflect changes in the"Consumer Price Index for Urban Wage Earners and Clerical Workers, San Francisco-Oakland, Al items--- Series A(1982/84-100)", published by the Bureau of Labor Statistics of the United States as follows: The Cost of Living Index published for the year ending December 31, 1997, shall be taken as the"Base Index"for the purpose of computation. On January 1, 1998 and again on January 1, 1999,the rates set forth in this contract shall be increased or decreased by not more than a percentage amount equal to the new percentage change between the Base Index and the Cost of Living Index for the calendar year ending December 31 of the previous year. The adjusted rate shall be deemed thereafter to be the Base Index for the purposes of the next rate computation. Such percentage of change shall be calculated to the nearest one-tenth of 1%, and said rates shall be rounded off to the nearest one cent of increases or decreases. 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. TAMFB WACONTCM.ChMam M - 15 _._... ......._. ......... ......._. ..__..._. .__.. ..._........ ......... ......... ......... ......... ._....... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........................ 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. 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. TAMFB\wAC0NTCM.CNT1am M - 16 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 over payment 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 withheld 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 againstcontractor. 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 previsions 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 or Supervisors, and therealler cause the saine 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. BUNDS: 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 thereunder 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. TAMFBtWACONTCM.CMMam M - 17 12. LAWS.APPLY(GENERAL): Both parties recognize the applicability of various federal, state and local laws and regulations, includingChapter 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 as though fully stipulated herein. 13. SUBCONTRACTORS: a. Public Contract Code Sections 4140-4113 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. TAMFBIWACONTCM.CNTIam M - 18 __ 16. APPRENTICES: Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6(discrimination prohibited). 17. PREFERENCE FOR MATERIALS: The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use: the products, workers, laborers widmc;chfuiics ofthis 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 moneys 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 perforin including, but not limited to, claims, costs or liability resulting from: a. 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; b. 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 C. 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 Indemnity 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 Indemnity. TAMFB\WACONTCM.CNTiam M - 19 ......... ......... ......... ......... ......... ......... ......... ._....... 1.111 . . . ....... ............ ......... ......... ......... ......... ._....... ......... ......... ......... ......... ......... ......... x APPENDIX 1 CONTRACT: CONTRACTOR: CERTIFICATION BY CONTRACTOR.(LABOR CODE,SECTION 1861)TO CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, CENTRAL DIVISION. I am aware of the provisions of Section 3 700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I certify under penalty of perjury that the foregoing is true and correct. DATE: at: CA CONTRACTOR BY: (Designate official capacity in business) BY: (Designate official capacity in business) TAMFBXWAC0VTCM.CNT1am M -20 . . . ................ . .. .................__.... ......... ......... ......... ......._. ........__.. ......... ......... ......... ......... ................... APPENDIX 2 PERFORMANCE BUND Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL MEN BY THE PRESENTS: That we, as Principal,and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the sum of Dollars($)lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated ,with the Obligee to do and perform the following work, to-wit: as is more specifically set forth in the contract documents, reference to which is hereby made. NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder,nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety,and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED,that if any action is commenced on this bond by the Obligee, in addition to the sum specified above, the Principal and the Surety,their heirs, executors, administrators, successors and assigns,jointly and severally, shall be obligated to pay to the Obligee all costs, attorney's fees and other litigation expenses incurred by the Obligee in collecting moneys due under the terms of this bond. SIGNED AND SEALED, this day of � l9 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) T:W1FB\WACONTCM.CNT\am M -21 _ _ r APPENDIX 3 PAYMENT BOND Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL MEN BY THE PRESENTS: That we, , as Principal,and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the sum of Dollars ($) lawful:money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated , with the Obligee to do and perform the following work, to-wit: as is more specifically set forth in the contract documents, reference to which is hereby made. NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED, this day of (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TWFMWACONTCM.CNTIam M -22 Contra Costa County CONTRACT COMPLIANCE OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez,CA 94553 (510)335-1045;FAX(510)646-1353 VERIFICATION OF PERFORMANCE AS A MBE WBE SBE LBE PRIME/SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER 1. Name of Prime Contractor 2. Name of Project 3. Project Number 4. The undersigned performed work in connection with the above project as(check one): Sole proprietorship Corporation Partnership Joint Venture 5. Check the following which may apply: If non apply check"none" None MBE WBE SBE LBE Subcontractor _._„ Subcontractor — Subcontractor Subcontractor Supplier — Supplier Supplier ',Supplier Manufacturer _,_, Manufacturer ,,,_,,, Manufacturer Manufacturer Trucker _ Trucker Trucker Trucker Other Other _ _ Other Other Describe Describe Describe Describe 6. The undersigned has performed the following described work in connection with the above project (specify in detail the particular work items or parts that were performed): 7. Total Bid to Prime Contractor: $ 8. Total Amount Received: $ 9. Explain any difference between lines#7 and#8 by attaching a written explanation. 10. Signature Position/Title Date 11. Name of Person Completing this Form 12. Company Name Phone Number FAX Number c:lformslvop.wpd REVISED 11197 NOTICE TO CONTRACTORS Contra Costa County Fire Protection District '"west Division 1998199/2000 CONTRACT DOCUMENTS FOR EXTERIOR.FIRE HAZARD CONTROL by MOVING, RUBBISH AND HAZARDOUS 'NEED REMOVAL, DISCING,ROTOVATING, "TRACTOR DRAWN MOWING AND DOZING Notice is hereby given by order of the Board of Supervisors of Contra Costa County, as the governing board of the Contra Costa County Fire Protection District, West Division(hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds,rubbish and other fire hazard conditions within the Contra Costa County Fire Protection District, West Division, boundaries and under its jurisdiction for the period of June 1, 1998 through December 31,2000. The Contra Costa County Fire Protection District, West Division,consist of El Sobrante, San Pablo and North Richmond,and county lands in and around the communities,and the former Pinole.Fire Protection District. Each bid is to be in accordance with the Abatement Specifications relating thereto which are on file at the Contra Costa County Fire Protection District office, 2010 Geary Road, Pleasant Hill, California 94523-4694. The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office and must be accompanied by a certified or cashier's check or checks,or bid bond in the amount of ten percent (10%)of the base bid amount,made payable to the order of"Contra Costa County Fire Protection District". The above mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work,and will be forfeited by the bidder and retained by the District if the successful bidder refuses,neglects,or fails to enter into said Contract or to fiimish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County, as governing Board of the District. in lieu of the foregoing,the bidder may elect to deposit securities of equivalent value with the District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the bidder, shall be valued by the District,whose decision on valuation of the securities shall be final. Bid Proposals shall be sealed and filed with the Clerk of the Board of Supervisors, Room 106, County Administration Building,651 Pine Street, Martinez, California,94553-1297, on or before-Lm-3,1M, at 11:00 gym., and will be opened in public and at the time due in the Board of Supervisors' Chambers, Room 107,Administration Building,Martinez,Contra Costa County,California,and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one(1)bid will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control program. The Administrator of the Exterior Hazard Control program is the Fire Chief of the Contra Costa County Fire Protection District,hereinafter referred to as the Fire Chief. The Fire Chief will recommend to the Board of Supervisors the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the fora of contract. The right is reserved to reject any and all proposals. The successful bidder will be required to famish a payment bond in an amount equal to fifty percent (SOOK)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 meted that pursuant to moa 1773 of the Labor Code of the State of California, the Hoard of Supervisors has obtained from the Director of the Department of Industrial Relations of the State of California the general prevailing rate of 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. Bidders are hereby notified that on Member 9, 1997,the Contra Costa County Board of Supervisors adopted an Interim Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program(Section V.A.,paragraphs 1-6). A bopy of the Interim Outreach Program is attached as Appendix A to this Notice. Bidders will be expected to such to their bid proposals all relevant documentation indicating that they have complied with the Construction Outreach Program and verify compliance on their bid proposals. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. By Order of the Board of Supervisors of Contra Costs County as the Governing Body of the Contra Costa County Fire Protection Distract,West Division. Meaty Clerk By. , ` 1.1-1 1 .fey 5, 1998 Phil Batchelor k }erk of the Beard of Supervisors and Count),Administrator Publication Dates: Wy 151, 1998 and May 22, 1998 (Pub. Contract Section 20812) San Raman Va1lry Tomes: WtSt Counly limes: Contra Costa County Fire Protection District West Division 1998/9912000 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL by MOWING, RUBBISH AND HAZARDOUS WEED REMOVAL, DISCING, ROTOVATING, TRACTOR DRAWN MOWING AND DOZING CONTRACT DOCUMENTS 1. NOTICE TO CONTRACTOR APPENDIX A: INTERIM OUTREACH PROGRAM 2. ABATEMENT SPECIFICATIONS 3. BID PROPOSAL 4. ABATEMENT CONTRACT APPENDIX 1: WORKERS COMPENSATION LIABILITY APPENDIX 2: PERFORMANCE BOND APPENDIX 3: PAYMENT BOND VERIFICATION OF PERFORMANCE TAMFMWAC0NTW8.CNTtam MD - 1 y NOTICE TO CONTRACTORS Notice is hereby given by order of the Board of Supervisors of Contra Costa County,as the governing board of the Contra Costa County Fire Protection District, West Division(hereinafter"District'), that Clerk of said Board will receive bids for the abating of weeds,rubbish and other fire hazard conditions within the Contra Costa County Fire Protection District, West Division,boundaries and under its jurisdiction for the period of June 1, 1998 through December 31,2000. The Contra Costa County Fire Protection District, West Division,consist of El Sobrante, San Pablo and North Richmond, and county lands in and around the communities,and the former Pinole Fire Protection District. 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, 2610 Geary Road, Pleasant Hill, California 94523-4694. The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office and must be accompanied by a certified or cashier's check or checks,or bid bond in the amount of ten percent (10%)of the base bid amount,made payable to the order of"Contra Costa County Fire Protection District". The above mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work,and will be forfeited by the bidder and retained by the District if the successful bidder refuses,neglects,or fails to enter into said Contract or to fivnnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County,as governing Board of the District. In lieu of the foregoing,the bidder may elect to deposit securities of equivalent value with the District in accordance with the previsions of Section 22304 of the Public Contract Code. Such securities, if deposited by the bidder,shall be valued by the District,whose decision on valuation of the securities shall be final. Bid Proposals shall be sealed and filed with the Clerk of the Board of Supervisors,Room 106, County Administration Building,651 Pine Street, Martinez, California,94553-1297,on or before b=3. 1998, at 11:00 a, ., and will be opened in public and at the time due in the Board of Supervisors' Chambers, Room 147, Administration Building, Martinez,Contra Costa County, California,and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one(1)bid will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control program. The Administrator of the Exterior Hazard Control program is the Fire Chief of the Contra Costa County Fire Protection District,hereinafter referred to as the Fire Chief. The Fire Chief will recommend to the Board of Supervisors the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form of contract. The right is reserved to reject any and all proposals. The successful bidder will be required to furnish a payment bond in an amount equal to 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. T:WFBkWACONPAS.CNT\am MD - 2 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. Bidders are hereby notified that on December 9, 1997,the Contra Costa County Beard of Supervisors adopted an Interim Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program(Section V.A.,paragraphs 1.6). A copy of the Interim Outreach Program is attached as Appendix A to this Notice. Bidders will be expected to attach to their bid proposals all relevant documentation indicating that they have complied with the Construction Outreach Program and verify compliance on their bid proposals. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Fire Protection District, 'West Division. Deputy Cleric May 5, 1998 By; V- rj R Phil Batchelor Jerk of the Board of Supervisors and County Administrator Publication Dates: May 15, 1998 and May 22, 1998. (Pub. Contract Section 20812) Contra C_ofita Times: l tt�fly�ls��:r: amo-yalley Tim: West Coy#ntv L=: TAMFMACONTM.CN'nam MD - 2 APPENDIX A INTERIM OUTREACH PROGRAM TWFB\WAC0N'rWB.GNT1em MQ -25 . ........ ........... ....... .... _... ....... ..... ._.... ... ..... . .... ........ .......... Contra Costa County Interim Outreach Program I. Policy Statement The Centra Costa County Board of Supervisors encourages opportunities to develop, support, and utilize firms, including Minority-owned Business Enterprises (MBEs), Women-owned Business Enterprises (WBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs), by providing opportunities for participation in the performance of construction,purchasing,and professional/personal services contracts financed in whole or in part with County funds. II. Introduction The Outreach Program is presented in four broad sections. A. Program Responsibility B. Input from.County Advisory Groups C. Outreach Program Areas I. Construction 2. Purchasing 3. Professional/Personal Services D. Program Evaluation The first section identifies specific areas of responsibility for the Board of Supervisors, the County Administrator, Affirmative Action Officer, Department Head, and Program Administrator. Their roles and responsibilities are discussed. The second section describes the County's Outreach Program,identifying areas coordinated and implemented by the Affirmative Action Office. The third section addresses input from County advisory groups. The fourth section reviews how the Outreach Program is evaluated. The Appendix is provided to present examples of some of the documents used in the implementation of the Outreach Program. III. Program Responsibility A. Board of Supervisors 1. The Board of Supervisors has policy responsibility for the County's Outreach Program. 2. The Board of Supervisors acknowledges achievement in the area of the c:outreach i Interim Outreach Program Outreach Program and recognizes outstanding performance by departments. B. County Administrator 1. It is the responsibility of the County Administrator's Office to administer and implement the Outreach Program. 2. The County Administrator will include a section in department head evaluations each year for rating the department's efforts in connection with the Outreach Program. C. Affirmative Action Office Direct responsibility for development,coordination,implementation,and evaluation of the Outreach Program is with the County's Contract Compliance Officer. Some of the Officer's duties and responsibilities in the Outreach Program area are the following: I. Assists departments and special districts in administering the Outreach Program consistent with the overall program for the County. 2. Plans, coordinates, and directs the day-to-day activities of the Outreach Program. 3. Develops and recommends the implementation of policies and procedures needed to attain the purposes of the Outreach Program. 4. Disseminates information on the Outreach Program, legal developments, and articles concerning the Outreach Program to County departments and special districts. 5. Stays informed of developments in the Outreach Program area. b. Reviews departmental Outreach Plans and advises the department head and the designated staff person(s) of suggested revisions. Assists departmental personnel in developing effective methods of achieving outreach efforts by: a. Reviewing department procedures for monitoring achievement of outreach efforts. b. Evaluates departments' outreach efforts. 7. Evaluates and prepares reports on the progress of the County and individual departments in the Outreach Program. 8. Makes recommendations to further the achievements of the Outreach Program. c:outreach 2 Interim Outreach Program 9. Acts as liaison with, community and professional groups concerned with outreach programs. 10. Prepares, analyzes and provides statistical surveys to department heads annually. Reports on data pertinent to outreach programs. 11. Ascertains requirements of federal and state agencies that may impact outreach programs. 12. Reviews the need for formalized training for department heads and recommends training classes that department heads or their designated staff person(s)should attend. 13. Requests regularly scheduled meetings with trade union representatives to present changes in the County's Outreach Program, D. Department Heads Department Heads are responsible for implementing the Outreach Program within their department or agency. Their areas of responsibility include: I. Appoint one or more staff person(s) to assist and advise the department head in carrying out the Outreach Program. The staff person(s) implement(s) the requirements ofthe County Outreach Program,including departmental outreach and reporting. 2. Assess compliance in carrying out the purposes of the Outreach Program. 3. Make available copies of the County Outreach Program to employees and the public, especially contractors,consultants,and vendors. 4. Direct annual review of departments'performance and prepare progress reports with copies sent to the Affirmative Action Office. 5. Direct annual review and update of departmental outreach and reporting. E. County Counsel Provides advice and counsel to department heads,Contract Compliance Officer,County Administrator, and the Board of Supervisors. IV. input from County Advisory Groups A. The Advisory Council on Equal Employment Opportunity will continue to serve in an advisory role. c:outreach 3 Interim Outreach Program B. Input will be obtained from other County advisory groups. C. The County and City of Richmond's Private Industry Council are available to assist MBEs,MBEs,SBEs,and LBEs develop their businesses. V. Outreach Program Areas A. Construction Outreach Program I. Minority Business Enterprise A Minority Business Enterprise(MBE)is a business that is at least 51%owned by,and whose management and daily business operations are controlled by,one or more minority persons who are citizens or lawful permanent residents of the United States. The control must be substantial,real,and on-going on a regular basis. The applicable minority groups are defined as follows: a) Black: All persons having origins in any of the Black racial groups of Africa. b) Latino(a): All persons having origins in Mexico, Puerto Rico, Cuba,Central America,or South America,regardless of race. C) Asian/Pacific All persons having origins in any of the original peoples Islander: of Japan, China, the Indian Subcontinent, the Philippines,Vietnam,Cambodia,Laos,Korea, Samoa, Guam,the U.S.Trust Territories of the Pacific, Northern Marianas,Taiwan,Hawaii,or the Pacific Islands. d) American All persons having, origins in any of the original peoples Indian/ of North America(including Aleuts and Eskimos)who Alaskan maintain cultural identification through tribal affiliation or Native: community recognition. 2. Women Business Enterprise A Women Business Enterprise(WBE)is a business that is at least 51%0 owned by,and whose management and daily business operations are controlled by,one or more women who are citizens or lawful permanent residents of the United States. The control must be substantial, real,and on-going on a regular basis. 3. Small Business Enterprise A Small Business Enterprise(SBE) is a small business concern,as defined in c:outreach 4 Interim Outreach Program Section 3 of the Small Business Act and implementing regulations(Volume 13 of the Code of Federal Regulations, Chapter 1). 4. Local Business Enterprise A Local Business Enterprise(LBE) is a business entity whose principal place of business is located within the boundaries of Contra Costa County. 5. Bidder Outreach Efforts a. Bidders are encouraged to make the following outreach efforts; (1) Contact the following agencies for listings,of MBEs, WBEs, SBEs,and LBEs: (a) Contra Costa County Affirmative Action Office 651 Pine Street, 10th Floor Martinez,CA 94553 (510) 335-1045 (510)646-1353/fax Ekuev@dp.co.contra-costa.ca.us (b) General Services Department Architectural Division 1220 Morello Avenue,Suite 100 Martinez, CA 94553 (510) 313-7200 (510) 313-7299/fax (c) Public Works Department 255 Glacier Drive Martinez,CA 94553 (510)313-2000 (510) 313-2333/fax (d) City of Oakland Office of Public Works One City Hall Plaza Oakland, CA 94612 (510)238-3970 (510)238-2233/fax (e) Regional Transit Coordinating Council Golden Gate Bridge, Highway and Transportation District,Chair c:outreach 5 Interim Outreach Program 1011 Andersen Drive#108 San Rafael, CA 94901-5381 (415)2574536 (415)257-4555/fax Cgonzale@ggbhtd.dst.ca.us Includes listings for the following agencies. --Alameda Contra', Costa Transit District (AC TRANSIT) (510) 577-8812 (510) 577-8839/fax Sandyp@acbell.net --BART (510)464-6610 (510)464-7587/fax Jmacki@bart.dst.ca.us --CCCTA(Central Contra CostaTransit Authority) (510)676-1976x223 (510)686-2630/fax Commission --Metropolitan Transportation (510)4647750 (510)464-7848/fax JmiYaz@mtc.dst.ca.us --San Mateo County Transit District (SAMTRANS) (415)508-6417 (415) 508-6415/fax --San Francisco Public Transportation (415) 923-6139 (415) 923-6137 (415) 923-6180/fax Authority --Santa Clara Valley Transportation (408) 321-5606 (408)955-0892/fax Andy.flores@a vta.org c:outreach 6 Interim Outreach Program (f) San Francisco Human Rights Commission 25 Van Ness,Suite 800 San Francisco,CA 94102-6033 (415)252-2500 (415)431-5764/fax (g) State of California Department of Transportation Division of Civil Rights 112011 Street,Room 2445 Sacramento,CA 95814 (916)654-7048 Http://www.dot.ca.gov/hq/bep/ (h) Port of Oakland 530 Nater Street Oakland,CA 94607 (510)272-1390 (510)272-1172/fax {i} Los Angeles Transportation Commission Contract Compliance 818 West 7th Street,4th Floor Los Angeles,CA 90017 {j} U.S. Small Business Administration Regional Office 71 Stevenson St.,20th Floor San Francisco, CA 94105-2939 (415)744-6808 (2) Request assistance in identifying and notifying MBEs, WBEs, SBEs, and LBEs from community organizations; contractor groups,local,state or federal business assistance offices;and/or other agencies or organizations that provide assistance in the recruitment and placement of MBEs, WBEs SBEs, and LBEs. (3) Conduct broad-based outreach to potential subcontractors, suppliers,manufacturers and truckers,including MBES,MBEs, SBEs, and LBEs, by notifying those firms of this project(via fax,newspaper advertisements,etc.), and by providing project information(bid opening date, location of plans,etc.), and by inviting bids or quotations from all interested firms. c.outreach 7 Interim Outreach Program 6. Verification of Performance Upon completion of work,the contractor shall submit a completed`Verification of Performance' form for each first tier subcontractor,supplier,manufacturer, or trucker utilized by the contractor in connection with the project. This form shall be signed by the subcontractor, supplier, manufacturer, or trucker and shall identify the item(s) of work performed and the actual dollar amount received. Final payment for work clone will not be made to the Contractor until all Verification of Performance forms are received. 7. Departmental Outreach and Reporting The General Services and Public Works Department will. (1) continue to conduct an annual workshop for prime contractors, subcontractors, suppliers, manufacturers, and truckers with a special focus on MBEs, WBEs, SBEs, and LBEs, in order to inform bidders about the County's Outreach Program. (2) continue to conduct prebid meetings for projects. (3) advertise for projects in daily or weekly newspapers,trade association publications, trade journals, or other media, such as the Daily Construction Service, Daily Pacific Builder, or Small Business Exchange,including minority and women publications:,trade journals or other media. The advertisement(s) should state the following as a minimum: (a) Bid due date (b) Description of the entire project (c) Bidder's bond requirements (d) Identification of trades involved in the project (e) Engineer's or architect's estimated construction contract cost (f) Other pertinent information. (4) compile a list of certified MBEs, WBEs, and SBEs by using the CalTrans directory,the County directory,and other directories from the County's acceptable certifying agencies. The list should be tailored based on the items of work to be performed on the project. (5) acid annually and upon request to the list of potential bidders maintained by the departments MBEs, WBEs, SBEs,and LBEs from the CalTrans directory,County directory,and other directories from the County's acceptable certifying agencies. c:outreach 8 Interim Outreach Program (6) continue to submit reports to the Affirmative 'Action Office on construction contracts less than $50,000 and projects of$50,000 or more,which will be formally bid. (7) In the department's annual performance report submitted to the County Administrator, include a contracting section. B. Purchasing Outreach Program to be developed. C. Professional/Personal Services Outreach Program to be developed. I. Departments will review the feasibility of identifying contracts that would allow for the selection of a pool of professional/personal services consultants to receive contract awards on a rotational basis. The pool of consultants would include MBEs,WBEs,SBEs, and LBEs. VI. Program Evaluation The County's Outreach Program is evaluated as follows: A. The County Administrator receives reports of the County's Outreach Program. Each report should describe the overall status of the Outreach Program, results achieved through outreach efforts, identification of any particular problems encountered, and recommendations for corrective actions. B. The Affirmative Action Office submits to the Board of Supervisors';progress reports on the County's Outreach Program. C. Department head evaluations are conducted by the County Administrator and include a section on the Outreach Programs effectiveness and success. D. Additional outreach efforts by departments and the County will be evaluated by the County Administrator. c:outreach 9 ABATEMENT SPECIFICATIONS 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. SEC'T'ION A DESCRIPTION OF PROJECT 1. The Contra Costa County Fire Protection District, West Division, hereinafter referred to as the "Fire District"or"District",notifies property owners within the Fire District of potential fire hazards related to dry grass,weeds, combustible rubbish and other fire hazards 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 ten(10)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 Workers' Compensation Insurance sufficient to meet contractor's obligation to provide benefits to its employees as required by the State of California. Such Workers' Compensation Insurance shall be extended to include Employers Liability coverage. Evidence of Contractor's Workers Compensation Insurance shall be furnished in the form of a Certificate of Insurance to the Fire District and underwritten by either the State Compensation Insurance Fund or an insurance company authorized to write Workers' Compensation Insurance in the State of California. All subcontractors engaged by contractor to furnish either labor or services under this contract shall',be required by contractor to maintain adequate Workers' Compensation Insurance as required by the State of California and Employers Liability protection. b. Public Liability and Property Damage Insurance Including Automobile Liability Coverage. 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 including automobile liability coverage 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 lass 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. THE POLICY OR POLICIES,OR RIDER ATTACHED THERETO,SHALL NAME THE CONTRA COSTA COUNTY FIDE PROTECTION DISTRICTS,ITS OFFICERS AND EMPLOYEES,AS ADDITIONAL INSURED AND PROVIDE FOR AT LEAST THIRTY(30)DAYS WRITTEN NOTICE OF POLICY LAPSE OR CANCELLATION TO THE DISTRICT. TAMFB\WACONTWB.CNr,am MD - 3 .................................................................................................................................................................................................. . ......................... ......... ......... ......... ......... . .._...... .......... ............. ._...._... .........._............................ Said public liability and property damage insurance including automobile liability 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$1 million bodily injury and property damage combined single limit per occurrence. See 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 may 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 contractorthereunder. 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 and prior to January I s{of each subsequent year of the contract, furnish two good and sufficient surety bonds of a surety company or companies authorized to do business in the State of California and satisfactory to the Fire District, in an amount equal to fifty percent(50%)of the contract price (for'subsequent years, contract price to be increased or decreased in accordance with Section 3-C of the contract agreement) for the payment of just claims for materials, labor, and subcontractors employed by him thereon,and a bond equal to fifty percent (50%)of the contract price (for subsequent years,contract price to be increased or decreased in accordance with Section 3-C of the contract agreement)as surety for the faithful performance of the contract. 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 I. 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 and the prevention of damage to markers, utilities,planted vegetation or other property,public or private. 3. The contractor shall be solely responsible for satisfactorily repairing or replacing anything damaged, such as water pipes, fences, gates, landscaping, etc., by his employees and/or equipment. 4. The contractor shall complete all work as described on work orders in a timely and professional manner to the satisfaction of the Fire District. Abatement work orders issued to the contractor shall be completed within fourteen(14)calendar days from the date of issuance. The contractor shall return the work orders no later than fourteen(14)calendar days after the work is completed. TAMFBNWAC0NTM.CN`f am MD - 4 ........................................................................................................................................................................................... . . ............................................................................................................................................... 5. 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. 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. The actual work to be done exceeds 150%of the abatement specified in the work order. d. If permission to enter upon any property is denied,or the workers are ordered off the property. In such cases,all workmen and equipment are to be removed and the Fire District notified immediately. 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 50 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 iwailable for inspectitmi 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 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. 12. 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. 13. All equipment shall be in good and safe condition and shall be suitable for producing the required quality of work. All equipment used in crop land,range land, watershed or other open land shall have an approved spark arrestor affixed to the exhaust system. 14. 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 his vehicle or equipment. PHOTOGRAPHS 15. The contractor shall provide the number of instant color photographs necessary to do the following: a. Identify the parcel by landmarks. TAMFB4WAC0NTWB.CNT\am . MD - 5 b. Show the entire abatement problem before the abatement work begins. C. Shaw the entire condition of the parcel upon completion of the work. d. Before and after photos will be taken from the same location. e. Each said photograph shall be identified by parcel number, time, date, and specify whether before or after picture and bear the name of the photographer. The photograph will be given to the Fire District by the contractor at the time of invoicing for work completed. Invoices without good quality photographs will not be accepted for payment. The photographs will become the property of the Fire District. All costs for cameras and photographs shall be included in the bid price. 16. The contractor shall comply with the Interim Outreach Program adopted by the Contra Costa Board of Supervisors on December 9, 1997. The Interim Outreach Program is attached as Appendix A to the Notice to Contractors. 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 tOhe 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. 4. The Fire District may amend the contract to add additional areas and properties for abatement, and the contractor has ten(10)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. 5. The Fire Chief may order the removal of any vehicle, equipment or operator';from the work if he determines that they do not meet the provisions and intent of this section. When so ordered, the contractor shall immediately replace said vehicle,equipment or operator with one approved by the Fire Chief or his authorized representative. TAMFBXWAC0NTWB.CNT1am MD - 6 SECTION E TYPES OF ABATEMENT The method of correction and abatement shall be to the specifications and standards of the Fire District and may consist of one or more of the following: a. Hand Mowing b. Rubbish Removal (hand loaded and tractor) C. Tree Trimming d. Brush Removal e. Discing f. Rotovating g. Tractor Drawn Mowing h. Dozing i. Various other methods of correction and abatement as directed in the Orders issued. ABATEMENT STANDARDS 1. Complete Abatement- When complete abatement is ordered, as much of the entire parcel as possible shall be abated. 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 three (3) inches. 4. Tree Trimming- Trees may be required to be trimmed to allow for abatement underneath the tree or to prevent the accumulation of rubbish. 5. Rubbish andlor Other Combustible Debris - Shall be completely removed when so ordered and disposed of at a proper site. 6. Discing- Discing equipment shall be set at an angle sufficient to cut the growth loose from its existing position and when drawn at the proper speed,turn the weeds over and cover them with soil. 7. Rotovating- Shall destroy and bury the grass and/or weed growth existing at the time of abatement. 8. Dozing- May be used to level mounds of dirt prior to discing or rotovating or to clear large areas of debris. 9. Rubbish andlor Other Combustible Debris- Shall be completely removed when so ordered and disposed of at a proper site. 10. Various Other Methods -Various other methods of correction and abatement as directed in the Orders issued. T:WF8YWRC0NTW6.CNTlam MD - 7 7 .......I.................................................................................................................................................................................... .................................................................................................................................... SECTION F EQUIPMENT REQUIREMENTS The equipment required by this abatement specifications document must be owned, or under an annual lease to the contractor for each year of the contract. a. Hand Mowing- Due to the amount of rocks and other obstacles hidden in the grass on mwiy parcels, the mowers used must be heavy-duty turd inude for rough ground mid of the belt driven blade type. Contractor shall provide enough mowers and/or gas powered heavy-duty weed eaters to supply at least two(2)work crews of a least three(3)persons,trucks to haul equipment and debris plus sufficient back-up equipment to complete the work orders in the allotted time. b. Removal of Rubbish (hand loaded) - The minimum crew for the removal of rubbish shall consist of three(3)people and one (1)truck. C. Tree Trimming- Two(2)chain saws having a minimum 24 inch bar. d. Discing-The contractor shall provide a minimum of one(1)wheel tractor and two (2) track layer type tractors with discs at all times. Discing equipment shall be set at an angle sufficient to cut the growth loose from its existing position and when drawn at the proper speed,turn the weeds over and cover them with soil. The contractor shall provide at least one(1)reserve tractor and disc to be used as replacements for breakdowns of the three(3)required units. Enough tractor transportation equipment and qualified drivers to move tractors from parcel to parcel as necessary to complete all required abatement within the required time limits. e. Rolovating- 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. f. Tractor Drawn Mowing-The contractor shall provide a minimum of one (1)48"rotary mower to be utilized in areas where mowing by motorized equipment is possible. 9. Dozing- The contractor shall provide a minimum of one(1)JD 350 track layer or equivalent with a hydraulic operated angle dozer blade. May be used to level mounds of dirt prior to discing or rotovating or to clear large areas of debris. h. Rubbish Removal(mechanical) -Excessive accumulations of rubbish and debris may be ordered removed when such accumulation has been determined to be a fire hazard. The minimum crew of rubbish removal will consist of one dump truck with driver/laborer and one tractor operator with a four-in-one bucket or a loader bucket of not less than 3/4 yard. Compensation will be made for on site work only(not for travel and dump time). Disposal charges - actual disposal charges for rubbish removal will be in addition to bid prices and included on completed work orders. Receipt with parcel number must accompany work orders. Rubbish from more than one parcel can be on one receipt, but amount charged to each parcel must be indicated. SECTION G 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. T:\MFBXWACONrWB.CNT\am MD - 8 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. 111 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 may be billed. 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.i The Fire Chief's determination shall be final and conclusive respecting the dispute and the amount of compensation due the contractor. 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 competed 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 31"if no assessment or damage complaints are pending. The contractor may elect to receive 100%of payment 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: (1) Date or dates work done. (2) For orders issued by area, the unit price shall be listed. (3) 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. I lours charged shall be for the actual time of abatement. (4) Total contractor charge for each work order. T:MFB\WACONTWB.CNTIam MD - 9 (5) A copy of the receipt for dump charges shall be attached to all work orders for rubbish removal. (6) 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. TAMFMACONWMCNTiam MD -10 Contra Costa County Fire Protection District 'west Division BID PROPOSAL FOR EXTERIOR FIRE HAZARD CONTROL 1998!9912000 ABATEMENT CONTRACT For the performance of exterior fire hazard abatement work in the Contra Costa County Fire Protection District, West Division, hereinafter referred to as the "Fire District"or"District". NAME OF BIDDER: BUSINESS ADDRESS: PLACE OF RESIDENCE: The undersigned hereby offers to furnish all equipment, materials and labor where ordered, and to do the work necessary to complete the project as described in the Notice to Contractors in accordance with the Abatement Contract and Abatement Specifications relating thereto which are on file at the Fire District office at the unit prices set forth on Page_of this proposal at a total bid amount of: (TOTAL AMOUNT OF COMPOSITE BID FROM THE BID PROPOSAL) Dollars $ The work will be done pursuant to the said Abatement Specifications and the Orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed, analyzed,and evaluated by the Fire District after the public opening of the bids by the Contra Costa County 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. By signing below,the undersigned verifies that he or she qualifies as the type of enterprise described in the County's Interim Outreach Program adopted on December 9, 1997(specifically,Construction Outreach Program, Section'V.A.,##1-6)or has otherwise complied with this program by making good faith outreach efforts pursuant to the program and as outlined in the documentation attached to this proposal. CONTRACTOR(General): AUTHORIZED SIGNATURE: DATE: NOT VALID UNLESS RETURNED WITH COMPLETED PAGES OF THE BID PROPOSAL. TiMFB\WAC0NrWB.CNT1am MD -11 Contra Costa County Fire Protection District West Division BID PROPOSAL FOR EXTERIOR FIRE HAZARD CONTROL 1998/99/2000 ABATEMENT CONTRACT For the performance of exterior fire hazard abatement work in the Contra Costa County Fire Protection District, West Division, hereinafter referred to as the "Fire District"or"District". NAME OF BIDDER: BUSINESS ADDRESS: PLACE OF RESIDENCE: The undersigned hereby offers to furnish all equipment,materials and labor where ordered, and to do the work necessary to complete the project as described in the Notice to Contractors in accordance with the Abatement Contract and Abatement Specifications relating thereto which are on file at the Fire District office at the unit prices set forth on Page T of this proposal at a total bid amount of: (TOTAL AMOUNT OF COMPOSITE BID FROM THE BID PROPOSAL) Dollars $ The work will be done pursuant to the said Abatement Specifications and the Orders as issued by the Fire District as to the specific properties to be abated. The Contractor Qualifications will be confirmed, analyzed, and evaluated by the Fire District after the public opening of the bids by the Contra Costa County 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. By signing below, the undersigned verifies that he or she qualifies as the type of enterprise described in the County's Interim Outreach Program adopted on December 9, 1997(specifically,Construction Otarearch Program, Section V,A., #1-G) or has otherwise complied with this prograni by niaking food faith outreach efforts pursuant to the program and as outlined in the documentation attached to this proposal. CONTRACTOR(General): AUTHORIZED SIGNATURE: DATE: NOT VALID UNLESS RETURNED WITH COMPLETED PAGES 12 - 15 OF THE BID PROPOSAL. TAMFBWACON"MIB.CN'T1am MD -12 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 to attend one of the meetings that will be held at the Contra Costa County Fire Protection District office at 2010 Geary Road, Pleasant Hill,on Muy 13 19981, at IM 11.m..and Max 20, 1928;at 9:30 a.m. BID PROPOSAL HADD MOWING BID PRICE TO INCLUDE REMOVAL&DISPOSAL OF ALL WEEDS AFTER MOWING MUG � 'I' C31"�11' 1 X'fIAIC�l'RCI �D�1.1�TIT'Y 0 -2,500 Sq. Ft. 15 Parcels Ea. 2,501 - 5,000 Sq. Ft. 12 Parcels Ea. 5,001 - 7,500 Sq. Ft 12 Parcels Ea. 7,501 - 10,000 Sq Ft. 12 Parcels Ea. 10,001 - 15,000 Sq. Ft. 5 Parcels Ea. 15,001 - 20,000 Sq. Ft. 5 Parcels Ea. 20,001 - 25,000 Sq. Ft. 5 Parcels Ea. 25,001 - 30,000 Sq. Ft. 5 Parcels Ea. 30,0€31 - 35,000 Sq. Ft. 4 Parcels Ea. 35,001 - 40,000 Sq. Ft. 4 Parcels Ea. 40,001 -45,000 Sq. Ft. 4 Parcels Ea. More than 1 Acre thru 5 Acres Acres Per Acre Hourly Mowing & Misc. Per Man Hand Work 1000 Hours Hours RUBBISH REMOVAL HAND LOADED Per Cubic Yard 98 Cu. Yd. Ea. Cu. Yd. Hourly 225.5 Hours Per Man Hour TAMFBkwAGONTWB.cNTiam MD -13 1. CONTRACTOR.EXPERIENCE a. Dumber of years in professional weed abatement business: years. b. List all weed abatement contracts you have had in the last five (5)years. Use additional page if necessary. 'FEARS NAM E&Am ' >� Ct3 'l',R, :"t �P AlgO'VNT 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. A133T TXPEL 3. CONTRACTOR'S BUSINESS OFFICE Address: Telephone: 4. SUBCONTRACTORS a. All subcontractors who will perform work or labor or render service to the contractor in fulfillment of this contract in an amount in excess of five percent(5°/o)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: TAMFB\wacoNTwa.CNTkam MD -14 . .... ....................................................................................................................................................................................................................................... ........... ......... ......... ......... ......... ......... ._....... ......... ......... ......... ......... ......... ......... Name: Years of Experience: Address: Phone#: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone #: Amount& Type of Equipment Provided: Name: Years of Experience: Address: Phone#: Amount&Type of Equipment Provided: Name: Years of Experience: Address: Phone#: Amount&Type of Equipment Provided: Name: Years of Experience: Address: Phone #: Amount& Type of Equipment Provided: T:\MFB\WACON'WB.cNnam MD -15 199819912000 ABATEMENT CONTRACT FOR EXTERIOR FIRE HAZARD CONTROL 1. SPECIAL TERMS: These special terms are incorporated below by reference. A. PASTIES: Centra Costa County Fire Protection District, West Division, hereinafter referred to as "Fire District"or"Dlstricf,, (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 Fire 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. FIXE DISTRICT'S AGENT: Fire Chief of the District,Administrator of the Exterior Fire Hazard Control Program. F. CONTRACT PRICE: $ (for unit price contracts,more or less, in accordance with finished quantities at unit bid prices). 2. SIGNATURES AND ACKNOWLEDGMENT: FIRE DISTRICT: by: (Fire Chief or Designated Representative) (Secretary) CONTRACTOR: Hereby also acknowledging awareness of and compliance with Labor Code Sections 1$61 and 3700 concerning Worker's Compensation Law. by. (Designate official capacity in the business) by: (Designate official capacity in the business) Taxpayer Identification Number: NOTE TO CONTRACTOR: (1) Execute acknowledgment form below, and(2) if a.corporation, signatures must conform to designated representative groups pursuant to Corporations Code Section 313. T:WFB\WA00N'rWB.CNTi am MD -16 . ......................................................................................................................................_................ ... ............................................................................................................................................................................................................................................................. _ _ ...... __ _. (State of California ) ACKNOWLEDGMENT (By Corporation, Partnership, County of ) or Individual) The person(s)signing above for Contractor,known to me in individual and business capacity(ies)as stated,personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. DATED: (NOTARIAL SEAL) NOTARY PUBLIC Form approved: VICTOR J. WESTMAN COUNTY COUNSEL BY: t.... Diane J. Silver Deputy County Counsel 3. CONTRACT TERM: a. 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 31,2004. b. This contract may be terminated by the Fire District,at its own discretion, by said Fire District giving written notice of said termination to contractor,at the address set forth by contractor in his bid proposal,no less than 30 days before October 1, 1998 or October 1, 1999. If notice of termination is given,the contract shall be terminated on the December 31 following the notice of termination. In the event of termination, contractor shall be entitled to payments due through the date of termination,but Fire District shall assume no other duty or liability to contractor on account of its termination of the contract. C. Unless the contract is terminated in the manner set forth in paragraph(b)above, the contractor shall be entitled during the term of this contract to annual adjustments in the contract price, upward or downward,to reflect changes in the "Consumer Price Index for Urban Wage Earners and Clerical Workers, San Francisco-Oakland,Al items--- Series A(1982/84-100)",published by the Bureau of Labor Statistics of the United States as follows: The Cost of Living Index published for the year ending December 31, 1997, shallbe taken as the"Base Index"for the purpose of computation. On January 1, 1998 and again on January 1, 1999,the rates set forth in this contract shall be increased or decreased by not more than a percentage amount equal to the new percentage change between the Base Index and the Cast of Living Index for the calendar year ending December 31 of the previous year. The adjusted rate shall be deemed thereafter to be the Base Index for the purposes of the next rate computation. Such percentage of change shall be calculated to the nearest one-tenth of 1%, and said rates shall be rounded off to the nearest one cent of increases or decreases. 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. TAMFa\wAcartrvB.CNTr am MD -17 .................................................................................................................................................................................................................... .. .......................................................... 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. S. 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 difft-rences ol'opitiioii con"ming 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. 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. TAMFMACONTWS.Mrom MD -18 ...........-.............. ....... ...... ...........................................................................................................I................. .......... .............................. ''I'll''..,....-............................................................................................................................................................................................................... ..... ............................................................................... 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 over payment 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 or 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: It A ecrtificate of cometit to self insmv isstied by the Directoi-ot'hidostrial 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 thereunder 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. TAMF8\WAC0NMJ3.CNT1am MD -19 ............................................................................... ............ .................................................................... --I'll,............................................................................................................................................................................ ............................................................................................................................................................................................................. 12. LAWS APPLY(GENERAL): Both parties recognize the applicability of various federal,state and local laws and regulations, including Chapter I 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 as though fully stipulated herein. 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. TAMFBkWAC0NrWB.CNTam MD -20 ..............1.111.11.1111111111''..''.1..........I................... ............... .................................................................................................... .. .... ............................................................... 16. APPRENTICES: Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6 (discrimination prohibited). 17. PREFERENCE FOR MATERIALS: The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products,workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT: This agreement binds the heirs, successors, assigns and representatives of the contractor;but he/she cannot assign it in whale or in part,nor any moneys 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: a. 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; b. 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 C. 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 Indemnity has prepared, supplied, or approved any plan(s),drawings), 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 Indemnity. TAMFMWAcoNTwa.eNT\am MD -21 APPENDIX 1 CONTRACT: CONTRACTOR: CERTIFICATION BY CONTRACTOR(LABOR CODE,SECTION 1861)TO CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,WEST DIVISION. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I certify under penalty of perjury that the foregoing is true and correct. DATE: at: , CA CONTRACTOR BY: (Designate official capacity in business) BY: (Designate official capacity in business) T:\MFB\WACONTM.CNT1am MD -22 APPENDIX2 PERFORMANCE BOND Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL MEN BY THE PRESENTS: That we, as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto ,as Obligee, in the sum of Dollars($) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves,our.heirs, executors,administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that,whereas the Principal has entered into a contract dated , with the Obligee to do and perform the following work,to-wit: as is more specifically set forth in the contract documents,reference to which is hereby made. NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part,at the times and in the manner specified therein,then this obligation shallbe 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 moneys due under the terms of this bond. SIGNED AND SEALED, this day of , 19—. (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) T:WFB\wacorvTwB.CNTsam MD -23 .................................................................................................................................................- APPENDIX 3 PAYMENT BUND Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL MEN BY THE PRESENTS: That we, as Principal,and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the sum of Dollars($) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that,whereas the Principal has entered into a contract dated with the Obligee to do and perform the following work,to-wit: as is more specifically set forth in the contract documents,reference to which is hereby made. NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code,or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor,the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to give a right of action to such persons or their assigns in any suit brought uponthis bond. SIGNED AND SEALED, this day of 19 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TAMFBkWAG0N'rWB.CNT\am MD -24 ........................................................................................................................................................................... ...............................I..... Contra Costa County CONTRACT COMPLIANCE OUTREACH PROGRAM n Affirmative Action Office 651 Pine Street Martinez,CA 94553 (510)335-1045,FAX(510)646-1353 VERIFICATION OF PERFORMANCE AS A MBE WBE SBE LBE PRIME/SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER 1. Name of Prime Contractor 2. Name of Project 3. Project Number 4. The undersigned performed work in connection with the above project as(check one): Sole proprietorship Corporation Partnership ___ Joint Venture 5. Check the following which may apply: If non apply check"none" None Non MBE WBE SBE LBE Subcontractor Subcontractor Subcontractor Subcontractor Supplier __ Supplier r Supplier __ Supplier Manufacturer Manufacturer __ Manufacturer __ Manufacturer _._ Tracker ___ Trucker _ _ Trucker __ 'Trucker Other Other __ Other .r Other Describe Describe Describe Describe 6. The undersigned has performed the following described work in connection with the above project (specify in detail the particular work items or parts that were performed): 7. Total Bid to Prime Contractor: $ 8. Total Amount Received: $ 9. Explain any difference between lines#7 and#8 by attaching a written explanation. 10. Signature Position/Title Date 11. Name of Person Completing this Form 12. Company Name Phone Number ( ) FAX Number c:\forms\vop.wpd REVISED I/19'7 NOTICE TO CONTRACTORS Contra Costa County Fire Protection District East Division 1998/99/2000 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL by MO)XTNG, RUBBISH AND HAZARDOUS WEED REMOVAL, DISCING, ROTOVATTNG, TRACTOR DRAWN MOWING AND DOZING Notice is hereby given by order of the Board of Supervisors of Contra Costa County, as the governing board of the Contra Costa County Fire Protection District, East Division (hereinafter"District"),that Clerk of said Board will receive bids for the abating of weeds, rubbish and other fire hazard conditions within the Contra Costa County Fire Protection District, East Division, boundaries and under its jurisdiction for the period of June 1, 1998 through December 31, 2000, The Contra Costa County Fire Protection District, East Division, consist of Bay Point, Pittsburg, Antioch, Oakley, Knightsen, and county lands in and around the communities, and for purposes of providing abatement services to Bethel Island Fire Protection District and East Diablo Fire Protection District. 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 94323-4694. The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office and must be accompanied by a certified or cashier's check or checks, or bid bond in the amount often percent (10%)of the base bid amount, made payable to the order of"Contra Costa County Fire Protection District". The above mentioned bid security shall be given as a guarantee that the;bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the District if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County, as governing Board of the District. In lieu of the foregoing,the bidder may elect to deposit securities of equivalent value with the District in accordance with the provisions of Section 22300 of the PublicContract Code. Such securities, if deposited by the bidder, she be valued by the District, whose decision on valuation of the securities shall be final. Bid Proposals shall be sealed and filed with the Clerk of the Board of Supervisors, Room 106, Count), Administration Building, 651 Pine Street, Martinez, California, 94553-1297,on or before June 3,1M. at 11:00 a.m.,and will be opened in public and at the time due in the Board of Supervisors' Chambers, Room 107,Administration Building, Martinez,Contra Costa County, California, and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one (1) bid will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control program. The Administrator of the Exterior Hazard Control program is the Fire Chief of the Contra Costa County Fire Protection District,hereinafter referred to as the Fire Chief. The Fire Chief will recommend to the Board of Supervisors the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the least 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 (St?'/o)of the contract price and a faithful performance board in an amount equal to fifty percent(SO%) 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 Dbwor of the Department of Industrial Relations of the State of California the general pnwailing rete 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. Bidders are hereby notified that on December 9, M7,the Contra Costs County Board of Supervisors adopted an Interim Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program(Section VA.,paragraphs 1-6). A copy of the Interim Outreach Program is attached as Appendix A to this Notice. Bidders will be expected to attach to their bid proposals all relevant documentation indicating that they have complied with the Construction Outreach Frogram and verify compliance on their bid proposals. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costs County Fire Protection District,Central Division. Deputy Clerk By: ARY S: 199$ Phil Batchekrr, Clerk of the Board of Supervisors and County Administrator Publication Dates ley 15, I99s arnd l►by 2.20 1998, (Pub. Contract Section 20812) Contra Costa County Fire Protection District East Division 1998/9912000 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL by MOWING, RUBBISH AND HAZARDOUS WEED REMOVAL, DISCING, ROTOVATING, TRACTOR DRAWN MOWING AND DOZING CONTRACT DOCUMENTS 1. NOTICE TO CONTRACTOR APPENDIX A: INTERIM OUTREACH PROGRAM 2. ABATEMENT SPECIFICATIONS 3. BID PROPOSAL 4. ABATEMENT CONTRACT APPENDIX 1: WORKERS COMPENSATION LIABILITY APPENDIX 2: PERFORMANCE BOND APPENDIX 3. PAYMENT BOND VERIFICATION OF PERFORMANCE TAMFB\WAC0NTEB.GNTWm MD i NOTICE TO CONTRACTORS RS Notice is hereby given by order of the Board of Supervisors of Contra Costa County, as the governing board of the Contra Costa County Fire Protection District, East Division(hereinafter"District"),that Clerk of said Board will receive bids for the abating of weeds,rubbish and other fire hazard conditions within the Centra Costa County Fire Protection District,East Division, boundaries and under its jurisdiction for the period of June 1, 1998 through December 31, 2000. The Contra Costa County Fire Protection District, East Division,consist of Bay Point, Pittsburg, Antioch, Oakley, Knightsen,and county lands in and around the communities, and for purposes of providing abatement services to Bethel Island Fire Protection District and East Diablo Fire Protection District. 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 9452.E-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 shallbe made on a Bid Proposal form to be obtained at the District office and must be accompanied by a certified or cashier's check or checks,or bid bond in the amount of ten percent (10%) of the base bid amount,made payable to the order of"Contra Costa County Fire Protection District". The above mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the District if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County,as governing Board of the District. In lieu of the foregoing,the bidder may elect to deposit securities of equivalent value with the District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the bidder, shall be valued by the District, whose decision on valuation of the securities shall be final. Bid Proposals shall be sealed and filed with the Clerk of the Board of Supervisors,Room 106, County Administration Building, 651 Pine Street,Martinez, California, 94553-1297, on or before June 3,1.x1, at 11:0JA,m.,and will be opened in public and at the time due in the Board of Supervisors' Chambers, Room 107,Administration Building,Martinez, Contra Costa County, California,and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one (1)bid will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control program. The Administrator of the Exterior Hazard Control program is the Fire Chief of the Contra Costa County Firs Protection District,hereinafter referred to as the Fire Chief. The Fire Chief will recommend to the Board of Supervisors the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the least 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. TAMFB\WAC0NTEB.CNT1am MD - 2 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 incorporatedherein 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. Bidders are hereby notified that on December 9, 1997,the Contra Costa.County Board of Supervisors adopted an Interim Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program (Section V.A.,paragraphs 1-6). A dopy of the Interim Outreach Program is attached as Appendix A to this Notice. Bidders will be expected to attach to their bid proposals all relevant documentation indicating that they have complied with the Construction Outreach Program and verify compliance on their bid proposals. The said Board reserves the right to reject any and all bids or any portion of any bid'and/or waive any irregularity in any bid received. By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa.County Fire Protection District, East Division. Shirley Casillas, Deputy Clerk By: .� May 5 1998 Phil Batchel€,Clerk of the Board of Supervisors and County Administrator Publication Dates: May 15, 1998 and May 22, 1998. (Pub. Contract Section 20812) Contra Costa Time: Daily Udger: San Ramon Vgll!:y TiMes: West County Times TAMFs\wacoNTEB.CNT\am MD - 2 APPENDIX A INTERIM OUTREACH PROGRAM T:IMFBIWACONTEB.CNTiam MD -25 Contra Costa County Interim Outreach Program I. Policy Statement The Contra Costa County Board of Supervisors encourages opportunities to develop,support, and utilize firms, including Minority-owned Business Enterprises (MBEs), Women-owned Business Enterprises (WBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs), by providing opportunities for participation in the performance of construction,purchasing,and professional/personal services contracts financed in whole or in part with County funds. II. Introduction The Outreach Program is presented in four broad sections: A. Program Responsibility B. Input from County Advisory Groups C. Outreach Program Areas 1. Construction 2. Purchasing 3. Professional/Personal Services D. Program Evaluation The first section identifies specific areas of responsibility for the Board of Supervisors, the County Administrator, Affirmative Action Officer, Department Head, and Program Administrator. Their roles and responsibilities are discussed. The second section describes the County's Outreach Program,identifying areas coordinated and implemented by the Affirmative Action Office. The third section addresses input from County advisory groups. The fourth section reviews how the Outreach Program is evaluated. The Appendix is provided to present examples of some of the documents used in the implementation of the Outreach Program. III. Program Responsibility A. Board of Supervisors I. The Board of Supervisors has policy responsibility for the County's Outreach Program. 2. The Board of Supervisors acknowledges achievement in the area of the c.outreach 1 Interim Outreach Program Outreach Program and recognizes outstanding performance by departments. B. County Administrator 1. It is the responsibility of the County Administrator's Office to administer and implement the Outreach Program. 2. The County Administrator will include a section in department head evaluations each year for rating the department's efforts in connection with the Outreach Program. C. Affirmative Action Office Direct responsibility for development,coordination, implementation,and evaluation of the Outreach Program is with the County's Contract Compliance Officer. Some of the Officer's duties and responsibilities in the Outreach Program area are the following: 1. Assists departments and special districts in administering the Outreach Program consistent with the overall program for the County. 2. Plans, coordinates, and directs the day-to-day activities of the Outreach Program. 3. Develops and recommends the implementation of policies and procedures needed to attain the purposes of the Outreach Program. 4. Disseminates information on the Outreach Program, legal developments,and articles concerning the Outreach Program to County departments and special districts. 5. Stays informed of developments in the Outreach Program area. 6. Reviews departmental Outreach Plans and advises the department head and the designated staff person{s} of suggested revisions. Assists departmental personnel in developing effective methods of achieving outreach efforts by: a. Reviewing department procedures for monitoring achievement of outreach efforts. b. Evaluates departments' outreach efforts. 7. Evaluates and prepares reports on the progress of the County and individual departments in the Outreach Program. 8. Makes recommendations to further the achievements of the Outreach Program. c:outreach 2 Interim Outreach Program 9. Acts as liaison with community and professional groups concerned with outreach programs. 10. Prepares, analyzes and provides statistical surveys to department heads annually. Reports on data pertinent to outreach programs. 1 l. Ascertains requirements of federal and state agencies that may impact outreach programs. 12. Reviews the need for formalized training for department heads and recommends training classes that department heads or their designated staff person(s)should attend. 13. Requests regularly scheduled meetings with trade union representatives to present changes in the County's Outreach Program. D. Department Heads Department Heads are responsible for implementing the Outreach Program within their department or agency. Their areas of responsibility include: 1. Appoint one or more staff person(s) to assist and advise the department head in carrying out the Outreach Program. The staff person(s) implement(s) the requirements of the County Outreach Program,including departmental outreach and reporting. 2. Assess compliance in carrying out the purposes of the Outreach Program. 3. Make available copies of the County Outreach Program to employees and the public,especially contractors,consultants,and vendors. 4. Direct annual review of departments'performance and prepare progress reports with copies sent to the Affirmative Action Office. 5. Direct annual review and update of departmental outreach and reporting. E. County Counsel Provides advice and counsel to department heads,Contract Compliance Officer,County Administrator,and the Board of Supervisors. IV. Input from County Advisory Groups A. The Advisory Council on Equal Employment Opportunity will continue to serve in an advisory role. c:outreach 3 .......... . .......... Contra Costa County Fire Protection District Central Division 1998/99/2000 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL by DISCING, ROTOVATING, TRACTOR DRAWN MOWING AND DOZING CONTRACT DOCUMENTS 1. NOTICE TO CONTRACTOR APPENDIX A: INTERIM OUTREACH PROGRAM 2. ABATEMENT SPECIFICATIONS 3. BID PROPOSAL 4. ABATEMENT CONTRACT APPENDIX 1: WORKERS COMPENSATION LIABILITY APPENDIX 2: PERFORMANCE BOND APPENDIX 3: PAYMENT BOND VERIFICATION OF PERFORMANCE TAMFBXWAC0NTCD.CNT\am D - 1 f NOTICE TO CONTRACTORS Notice is hereby given by order of the Board of Supervisors of Contra Costa County,as the governing board of the Contra Costa County Fire Protection District, Central Division(hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds,rubbish and ether fire hazard conditions within the Contra Costa County Fire Protection District, Central Division,boundaries and under its jurisdiction for the period of June 1, 1998 through December 31,2040. The Contra Costa County Fire Protection District,Central Division,consist of Concord, Martinez, Pleasant Hill, Walnut Creek,Lafayette, Pacheco,Clayton, and county lands in and around the communities. Each bid is to be in accordance with the Abatement Specifications relating thereto which are on file at the Contra Costa County Fire Protection District office, 2010 Geary Road, Pleasant Hill, California 94523-4694. The Abatement Specifications and related contract documents may be examined at and obtained by prospective bidders from the above mentioned District office. Each bid shall be made on a Bid Proposal form to be obtained at the District office and must be accompanied by a certified or cashier's check or checks,or bid bond in the amount often percent (14%)of the base bid amount,made payable to the order of"Contra Costa County Fire Protection District". The above mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work,and will be forfeited by the bidder and retained by the District if the successful bidder refuses, neglects,or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County, as governing Board of the District. In lieu of the foregoing,the bidder may elect to deposit securities of equivalent value with the District in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities,if deposited by the bidder, shall be valued by the District,whose decision on valuation of the securities shall be final. Bid Proposals shall be sealed and filed with the Clerk of the Board of Supervisors, Room 106, County Administration Building, 651 Pine Street, Martinez, California,94553-1297,on or before. June 3. IM, at 1 `�}l. 3 m.,and will be opened in public and at the time due in the Board of Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. Any Bid Proposals received after the time specified in this Notice will be returned unopened. No more than one(1)bid will be accepted from any one individual or firm. Bids will be presented to the Administrator of the Exterior Hazard Control program. The Administrator of the Exterior Hazard Control program is the Fire Chief of the Contra Costa County Fire Protection District,hereinafter referred to as the Fire Chief. The Fire Chief will recommend to the Board of Supervisors the contract be awarded to the responsible bidder whose total aggregate bid on all of the estimated units is the lowest and whose proposal complies with all the requirements prescribed. All bids will be compared on the basis of the estimate of the quantities of work to be done set out in the proposal and in the form of contract. The right is reserved to reject any and all proposals. The successful bidder will be required to furnish a payment bond in an amount equal to 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. T:IMFMWACONTCD.CNTIam D - 2 ............- 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. Bidders are hereby notified that on December 9, 1997,the Contra Costa County Board of Supervisors adopted an Interim Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program (Section V.A., paragraphs 1-6). A copy of the Interim Outreach Program is attached as Appendix A to this Notice. Bidders will be expected to attach to their bid proposals all relevant documentation indicating that they have complied with the Construction Outreach Program and verify compliance on their bid proposals. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Fire Protection District, Central Division. Deputy Clerk 4 By: May 52 1998 Phil BatcheYOr, Clerk of the Board of Supervisors and County Administrator Publication Dates: May 15, 1998 and May 22, 1998. (Pub. Contract Section 20812) Contra Costa Times: Daily Ledger: San Rmon Valley limes: West County Times: TAMF81WAC0NTCD.CNT\am D - 2 APPENDIX A INTERIM OUTREACH PROGRAM TAMFMACONTMCNTlam D -24 ...... ...... Contra Costa County Interim Outreach Program 1. Policy Statement The Contra Costa County Board of Supervisors encourages opportunities to develop,support, and utilize firms, including Minority-owned Business Enterprises (MBEs), Women-owned Business Enterprises (WBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs), by providing opportunities for participation in the performance of construction,purchasing,and professional/personal services contracts financed in whole or in part with County funds. II. Introduction The Outreach Program is presented in four broad sections: A. Program Responsibility B. Input from County Advisory Groups C. Outreach Program Areas 1. Construction 2. Purchasing 3. Professional/Personal Services D. Program Evaluation The first section identifies specific areas of responsibility for the Board of Supervisors, the County Administrator, Affirmative Action Officer, Department Head, and Program Administrator. Their roles and responsibilities are discussed. The second section describes the County's Outreach Program,identifying areas coordinated and implemented by the Affirmative Action Office. The third section addresses input from County advisory groups. The fourth section reviews how the Outreach Program is evaluated. The Appendix is provided to present examples of some of the documents used in the implementation of the Outreach Program. III. Program Responsibility A. Board of Supervisors 1. The Board of Supervisors has policy responsibility for the County's Outreach Program. 2. The Board of Supervisors acknowledges achievement in the area of the c:outreach 1 Interim Outreach Program Outreach Program and recognizes outstanding performance by departments. B. County Administrator I. It is the responsibility of the County Administrator's Office to administer and implement the Outreach Program. 2. The County Administrator will include a section in department head evaluations each year for rating the department's efforts in connection with the Outreach Program. C. Affirmative Action Office Direct responsibility for development,coordination, implementation,and evaluation of the Outreach Program is with the County's Contract Compliance Officer. Some of the Officer's duties and responsibilities in the Outreach Program area are the following: I. Assists departments and special districts in administering the Outreach Program consistent with the overall program for the County. 2. Plans, coordinates, and directs the day-to-day activities of the Outreach Program. 3. Develops and recommends the implementation of policies and procedures needed to attain the purposes of the Outreach'Program. 4. Disseminates information on the Outreach Program,legal developments,and articles concerning the Outreach Program to County departments and special districts. 5. Stays informed of developments in the Outreach Program area. 6. Reviews departmental Outreach Plans and advises the department head and the designated staff person(s) of suggested revisions. Assists departmental personnel in developing effective methods of achieving outreach`efforts by: a. Reviewing department procedures for monitoring achievement of outreach efforts. b. Evaluates departments' outreach efforts. 7. Evaluates and prepares reports on the progress of the County and individual departments in the Outreach Program. 8. Makes recommendations to further the achievements of the Outreach Program. c:outreach 2 Interim Outreach Program 9. Acts as liaison with community and professional groups concerned with outreach programs. 10. Prepares, analyzes and provides statistical surveys to department heads annually. Reports on data pertinent to outreach programs. 11. Ascertains requirements of federal and state agencies that may impact outreach programs. 12. Reviews the need for formalized training for department heads and recommends training classes that department heads or their designated staff person(s)should attend. 13. Requests regularly scheduled meetings with trade union representatives to present changes in the County's Outreach Program. D. Department Heads Department Heads are responsible for implementing the Outreach Program within their department or agency. Their areas of responsibility include: I. Appoint one or more staff person(s) to assist and advise the department head in carrying out the Outreach Program. The staff person(s) implement(s) the requirements of the County Outreach Program,including departmental outreach and reporting. 2. Assess compliance in carrying out the purposes of the Outreach Program. 3. Make available copies of the County Outreach Program to employees and the public,especially contractors,consultants,and vendors. 4. Direct annual review of departments' performance and prepare progress reports with copies sent to the Affirmative Action Office. 5. Direct annual review and update of departmental outreach and reporting. E. County Counsel Provides advice and counsel to department heads,Contract Compliance Officer,County Administrator, and the Board of Supervisors. IV. Input from County Advisory Groups A. The Advisory Council on Equal Employment Opportunity will continue to serve in an advisory role. c:outreach 3 . . ....................... .......... Interim Outreach Program B. Input will be obtained from other County advisory groups. C. The County and City of Richmond's Private Industry Council are available to assist MBEs,WBEs,SBEs,and LBEs develop their businesses. V. Outreach Program Areas A. Construction Outreach Program I. Minority Business Enterprise A Minority Business Enterprise(MBE)is a business that is at least 51%owned by,and whose management and daily business operations are controlled by,one or more minority persons who are citizens or lawful permanent residents of the United States. The control must be substantial,real,and on-going on a regular basis. The applicable minority groups are defined as follows: a) Black: All persons having origins in any of the Black racial groups of Africa. b) Latino(a): All persons having origins in Mexico, Puerto Rico, Cuba,Central America,or South America,regardless of race. c) Asian/Pacific All persons having origins in any of the original peoples Islander: of Japan, China, the Indian Subcontinent, the Philippines,Vietnam,Cambodia,Laos,Korea, Samoa, Guam,the U.S.Trust Territories of the Pacific, Northern Marianas,Taiwan,Hawaii,or the Pacific Islands. d) American All persons having. origins in any of the original peoples Indian/ of North America(including Aleuts and Eskimos)who Alaskan maintain cultural identification through tribal affiliation or Native: community recognition. 2. Women Business Enterprise A Women Business Enterprise(WBE) is a business that is at least 5 1%owned by,and whose management and daily business operations are controlled by,one or more women who are citizens or lawful permanent residents of the United States. The control must be substantial,real,and on-going on a regular basis. 3. Small Business Enterprise A Small Business Enterprise(SBE) is a small business concern,as defined in c:outreach 4 Interim Outreach Program Section 3 of the Small Business Act and implementing regulations(Volume 13 of the Code of Federal Regulations, Chapter 1). 4. Local Business,Enterprise A Local Business Enterprise(LBE) is a business entity whose principal place of business is located within the boundaries of Contra Costa County. 5. Bidder Outreach Efforts a. Bidders are encouraged to make the following outreach efforts: (1) Contact the following agencies for listings of MBEs, WBEs, SBEs,and LBEs: (a) Contra Costa County Affirmative Action Office 651 Pine Street, 10th Floor Martinez,CA 94553 (510) 335-1045 (510)646-1353/fax Ekuevdp.co.contra-costa.ca.us (b) General Services Department Architectural Division 1220 Morello Avenue,Suite 100 Martinez,CA 94553 (510) 313-7200 (510) 313-7299/fax (c) Public Works Department 255 Glacier Drive Martinez,CA 94553 (510) 313-2000 (510) 313-2333/fax (d) City of Oakland Office of Public Works One City Hall Plaza Oakland, CA 94612 (510)238-3970 (510)238-2233/fax (e) Regional Transit Coordinating Council Golden Gate Bridge, Highway and Transportation District,Chair c:outreach 5 .................. Interim Outreach Program 1011 Andersen Drive#108 San Rafael, CA 94901-5381 (415)257-4536 (415)257-4555/fax Cgonzale@ggbhtd.dst.ca.us Includes listings for the following agencies: --Alameda Contra Costa Transit District (AC TRANSIT) (510) 577-8812 (510) 577-8839/fax Sandyp@acbell.net —BART (510)464-6610 (510)464-7587/fax Jmackl@bart.dst.ca.us —CCCTA(Central Contra CostaTransit Authority) (510)676-1976x223 (5 10)686-2630/fax --Metropolitan Transportation Commission (510)464-7750 (510)464-7848/fax Jmiyaz@,mte.dst.ca.us --San Mateo County Transit District (SAMTRANS) (415)508-6417 (415) 508-6415/fax --San Francisco Public Transportation (415)923-6139 (415)923-6137 (415)923-6180/fax --Santa Clara Valley Transportation Authority (408)321-5606 (408)955-0892/fax Andy.flores@vta.org c:outreach 6 Interim Outreach Program San Francisco Human Rights Commission 25 Van Ness, Suite 800 San Francisco,CA 94102-6033 (415)252-2500 (415) 431-5764/fax (g) State of California Department of Transportation Division of Civil Rights 1120 N Street, Room 2445 Sacramento,CA 95814 (916)654-7048 Http://www.dot.ca.gov/hqfbep/ (h) Port of Oakland 530 Water Street Oakland,CA 94607 (510)272-1390 (5 10)272-1172/fax (i) Los Angeles Transportation Commission Contract Compliance 818 West 7th Street,4th Floor Los Angeles,CA 90017 U.S. Small Business Administration Regional Office 71 Stevenson St., 20th Floor San Francisco, CA 94105-2939 (415) 744-6808 (2) Request assistance in identifying and notifying MBEs, WBEs, SBEs, and LBEs from community organizations; contractor groups;local,state or federal business assistance offices;and/or other agencies or organizations that provide assistance in the recruitment and placement of MBEs, WBEs, SBEs,and LBEs. (3) Conduct broad-based outreach to potential subcontractors, suppliers,manufacturers and truckers,including MBES,WBEs, SBEs, and LBEs, by notifying those firms of this project(via fax,newspaper advertisements,etc.),and by providing project information(bid opening date, location of plans,etc.),and by inviting bids or quotations from all interested firms. c:outreach 7 Interim Outreach Program 6. Verification of Performance Upon completion of work,the contractor shall submit a completed`Verification of Performance' form for each first tier subcontractor,supplier,manufacturer, or trucker utilized by the contractor in connection with the project. This form shall be signed by the subcontractor, supplier, manufacturer, or trucker and shall identify the item(s) of work performed and the actual dollar amount received. Final payment for work done will not be made to the Contractor until all Verification of Performance forms are received.. 7. Departmental Outreach and Reporting The General Services and Public Works Department will: (1) continue to conduct an annual workshop for prime contractors, subcontractors, suppliers, manufacturers, and truckers with a special focus on MBEs, WBEs, SBEs, and LBEs, in order to inform bidders about the County's Outreach Program. (2) continue to conduct prebid meetings for projects. (3) advertise for projects in daily or weekly newspapers,trade association publications, trade journals, or other media, such as the Daily Construction Service, Daily Pacific Builder, or Small Business Exchange,including minority and women publications,trade journals or other media. The advertisement(s) should state the following as a minimum: (a) Bid due date (b) Description of the entire project (c) Bidder's bond requirements (d) Identification of trades involved in the project (e) Engineer's or architect's estimated construction contract cost {f) Other pertinent information. (4) compile a list of certified MBEs, WBEs, and SBEs by using the CalTrans directory,the County directory,and other directories from the County's acceptable certifying agencies. The list should be tailored based on the items of work to be performed on the project. (S) add annually and upon request to the list of ;potential bidders maintained by the departments MBEs, WBEs, SBEs,and LBEs from the CalTrans directory,County directory,and other directories from the County's acceptable certifying agencies. c:outreach 8 Interim Outreach Program (6) continue to submit reports to the Affirmative Action Office on construction contracts less than $50,000 and projects of$50,040 or more,which will be formally bid. (7) In the department's annual performance report submitted to the County Administrator, include a contracting section. B. Purchasing Outreach Program to be developed. C. Professional/Personal Services Outreach Program to be developed. I. Departments will review the feasibility of identifying contracts that would allow for the selection of a pool of professional/personal services consultants to receive contract awards on a rotational basis. The pool of consultants would include MBEs,WBEs, SBEs,and LBEs. VI. Program.Evaluation The County's Outreach Program is evaluated as follows: A. The County Administrator receives reports of the County's Outreach Program. Each report should describe the overall status of the Outreach Program, results achieved through outreach efforts, identification of any particular problems encountered, and recommendations for corrective actions. B. The Affirmative Action Office submits to the Board of Supervisors;progress reports on the County's Outreach Program. C. Department head evaluations are conducted by the County Administrator and include a section on the Outreach Programs effectiveness and success. D. Additional outreach efforts by departments and the County will be evaluated by the County Administrator. c:outreach 9 ABATEMENT SPECIFICATIONS 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 Contra Costa County Fire Protection District, Central Division, hereinafter referred to as the "Fire District" or"District",notifies property owners within the Fire District of potential fire hazards related to dry grass,weeds, combustible rubbish and other fire hazards 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. Z. 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 ten(10)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 Workers' Compensation Insurance sufficient to meet contractor's obligation to provide benefits to its employees as required by the State of California. Such Workers' Compensation Insurance shall be extended to include Employers Liability coverage. Evidence of Contractor's Workers Compensation Insurance shall be',furnished in the form of a Certificate of Insurance to the Fire District and underwritten by either the State Compensation Insurance Fund or an insurance company authorized to write Workers' Compensation Insurance in the State of California. All subcontractors engaged by contractor to furnish either labor or services under this contract shall be required by contractor to maintain adequate Workers' Compensation Insurance as required by the State of California and Employers Liability protection. b. Public Liability and Property Damage Insurance Including Automobile Liability Coverage. 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 including automobile liability coverage 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. THE POLICY OR POLICIES,OR RIDER ATTACHED THERETO,SHALL NAME THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICTS,ITS OFFICERS AND EMPLOYEES,AS ADDITIONAL INSURED AND PROVIDE FOR AT LEAST THIRTY(30)DAYS WRITTEN NOTICE OF POLICY LAPSE OR CANCELLATION TO THE DISTRICT, T:1MFB\WAG0NTCD.GNTIam D - 3 Said public liability and property damage insurance including automobile liability 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$1 million bodily injury and property damage combined single limit per occurrence. See 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 may 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 and prior to January 1'5t of each subsequent year of the contract, furnish two good and sufficient surety bonds of a surety company or companies authorized to do business in the State of California and satisfactory to the Fire District, in an amount equal to fifty percent(50%)of the contract price (for subsequent years, contract price to be increased or decreased in accordance with Section 3-C of the contract agreement) for the payment of just claims for materials, labor, and subcontractors employed by him thereon, and a bond equal to fifty percent(50%) of the contract price(for subsequent years,contract price to be increased or decreased in accordance with Section 3-C of the contract agreement)as surety for the faithful performance of the contract. 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 and the prevention of damage to markers,utilities,planted vegetation or other property, public or private. 3. The contractor shall be solely responsible for satisfactorily repairing or replacing anything damaged,such as water pipes, fences, gates, landscaping, etc.,by his employees and/or equipment. 4. The contractor shall complete all work as described on work orders in a timely and professional manner to the satisfaction of the Fire District. Abatement work orders issued to the contractor shall be completed within fourteen(14)calendar days from the date of issuance. The contractor shall return the work orders no later than fourteen(14)calendar days after the work is completed. TAMFBEWAC0NTCD.CNT1am D - 4 ...........I....................................................................................I......1.11..................... .......................................................................................... .............................. 5. , 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. 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. The actual work to be done exceeds 150%of the abatement specified in the work order. d. If permission to enter upon any property is denied, or the workers are ordered off the property. In such cases,all workmen and equipment are to be removed and the Fire District notified immediately. 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 50 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 nornial work day (8mn to 5pni). 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 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. 12. 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. 13. All equipment shall be in good and safe condition and shall be suitable for producing the required quality of work. All equipment used in crop land, range land, watershed or other open land shall have an approved spark arrestor affixed to the exhaust system. 14. 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 his vehicle or equipment. TAMFB\WACONTCD.CNT\am D - 5 PHOTOGRAPHS 15. The contractor shall provide the number of instant color photographs necessary to do the following: a. Identify the parcel by landmarks. b. Show the entire abatement problem before the abatement work begins. C. Show the entire condition of the parcel upon completion of the work'.. d. Before and after photos will be taken from the same location. e. Each said photograph shall be identified by parcel number,time, date, and specify whether before or after picture and bear the name of the photographer. The photograph will be given to the Fire District by the contractor at the time of invoicing for work completed. Invoices without good quality photographs will not be accepted for payment. The photographs will become the property of the Fire District. All costs for cameras and photographs shall be included in the bid price. 16. The contractor shall comply with the Interim Outreach Program adopted by the Contra Costa Board of Supervisors on December 9, 1997, The Interim Outreach Program is attached as Appendix A to the Notice of Contractors. 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. TAMFB\WAC0NTC0.CNT1am D - 6 -.................................................................................................. ......................................................................................... 4. The Fire District may amend the contract to add additional areas and properties for abatement, and the contractor has ten(10)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. 5. The Fire Chief may order the removal of any vehicle, equipment or operator from the work if he determines that they do not meet the provisions and intent of this section. When so ordered, the contractor shall immediately replace said vehicle, equipment or operator with one approved by the Fire Chief or his authorized representative. SECTION E TYPES OF ABATEMENT 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. Rubbish removal (tractor) b. Discing C. Rotovating d. Tractor Drawn Mowing e. Dozing ABATEMENT STANDARDS I Complete Abatement- When complete abatement is ordered, as much of the entire parcel as possible shall be abated. 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 bum,shall be cut to a height of not more than three (3) inches. 4. Discing-Discing equipment shall be set at an angle sufficient to cut the growth loose from its existing position and when drawn at the proper speed, turn the weeds over and cover them with soil. 5. Rotovating- Shall destroy and bury the grass and/or weed growth existing at the time of abatement. 6. Dozing- May be used to level mounds of dirt prior to discing or rotovating or to clear large areas of debris. 7. Rubbish andlor Other Combustible Debris- Shall be completely removed when so ordered and disposed of at a proper site. 8. Various Other Methods- 'Various other methods of correction and abatement as directed in the Orders issued. TAMFB\WAC0NTCD.CNT1am D - 7 ............................... .........I-,....................................................................................................I..................-................ ...................................................................... SECTION F EQUIPMENT REQUIREMENTS The equipment required by this abatement specifications document must be owned, or under an annual lease to the contractor for each year of the contract. a. Discing-The contractor shall provide a minimum of one(1) wheel tractor and two (2) track layer type tractors with discs at all times. Discing equipment shall be set at an angle sufficient to cut the growth loose from its existing position and when drawn at the proper speed, turn the weeds over and cover them with soil. The contractor shall provide at least one(1) reserve tractor and disc to be used as replacements for breakdowns of the three(3)required units. Enough tractor transportation equipment and qualified drivers to move tractors from parcel to parcel as necessary to complete all required abatement within the required time limits. 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. Tractor Drawn Mowing- The contractor shall provide a minimum of one (1) 48"rotary mower to be utilized in areas where mowing by motorized equipment is possible. d. Dozing-The contractor shall provide a minimum of one (1)JD 350 track layer or equivalent with a hydraulic operated angle dozer blade. May be used to level mounds of dirt prior to discing or rotovating or to clear large areas of debris. e. Rubbish Removal(mechanical) -Excessive accumulations of rubbish and debris may be ordered removed when such accumulation has been determined to be a fire hazard. The minimum crew of rubbish removal will consist of one dump,truck with driver/laborer and one tractor operator with a four-in-one bucket or a loader bucket of not less than 3/4 yard. Compensation will be made for on site work only(not for travel and dump time). Disposal charges - actual disposal charges for rubbish removal will be in addition to bid prices and included on completed work orders. Receipt with parcel number must accompany work orders. Rubbish from more than one parcel can be on one receipt, but amount charged to each parcel must be indicated. SECTION G 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-of'charge for the amount of work completed may be billed. 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. TWWWACONTMCNTiam D - 8 . .... . ..... 6. Disposal charges for rubbish removal will be in addition to bid prices and included on completer)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. 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 competed 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 31"if no assessment or damage complaints are pending. The contractor may elect to receive 100%of payment 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: (1) Date or dates work done. (2) For orders issued by area,the unit price shall be listed. (3) 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. (4) Total contractor charge for each work order. (5) A copy of the receipt for dump charges shall be attached to all work orders for rubbish removal. (6) 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. TAMFBkwa coNTen.0NT\am 13 - 9