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HomeMy WebLinkAboutMINUTES - 06052001 - C.20 TO: BOARD OF SUPERVISORS . . 910 FROM: JOHN SWEETEN County Administrator DATE: June 5, 2001 SUBJECT: WEED ABATEMENT CONTRACTS FOR THE CONTRA COSTA COUNTY, BETHEL ISLAND AND EAST DIABLO FIRE PROTECTION DISTRICTS Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDATION: As ex-officio of the Governing Board of the Contra Costa County, Bethel Island and East Diablo Fire Protection Districts, approve weed abatement contract, documents, fix July10, 2001 at 11:00 a.m. as the time to receive bid proposals for the performance of the abatement work and direct the Clerk to publish Notice to Contractors as-required by law. REASONS FOR RECOMMENDATION/BACKGROUND: The Contra Costa County (including Bethel Island and East Diablo), Fire Protection Districts have submitted contract documents (Notice to Contractors, Agreement, Abatement Specifications and Bid Proposal) for the abatement of weeds, rubbish and other fire hazard conditions within the district. The contract period shall begin on July 1, 2001 and terminate on December 31, 2003. a w cl Continued on Attachment: YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s): Action of Board on: ybm 55, 2001 Approved as Recommended Y Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X Unanimous (Absent none ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: ) BOARD OF SUPERVISORS ON DATE SHOWN. Contact: R. Seithel (335-1024) Attested: June 5, 2001 Cc: County Administrator John Sweeten, Clerk of the Board of Auditor-Controller Supervisors and County Administrator County Counsel Contra Costa County Fire • " Protection District By: , DEPUTY I `C..•y'�-•._per LEGAL PUBLICATION REQUISTION Contra Costa County From: Clerk of the Board To: Contra Costa Times 651 Pine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek, CA 94596 Requested by: Patty Molloy Date: June 8, 2001 Phone No: 335-1907 Reference No:- 532 Org: 1100 Sub Object: .2190 Task: Activity. Publication Date (s):June 13 and 20, 2001 No. of Pages: c LEGAL PUBLICATION- Weed Abatement Contracts for the. Contra Costa County; Bethel Island and Fast Diablo Fire Protection Districts, C.20, 6/5/01 ""Immediately upon expiration of publication*••!-. _— send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: Please confirm date of publication & receipt of this fax. SE G oot.'er- _ - `< LEGAL PUBLICATION REQUISTION Contra Costa County COVN From: Clerk of the Board To: Ledger Dispatch 651 Pine St., Room 106 PO Box 2299 Martinez, CA 94553 Antioch, CA 94549 Requested by: Patty Molloy Date: June 8, 2001 Phone No: 335-1907 Reference No: 534 Org: 1100 Sub Object: 2190 Task: Activity: Publication Date (s): .Tune 13 and 20, 2001 No. of Pages: 9 LEGAL PUBLICATION- Weed Abatement Contracts for the Contra Costa County, Bethel Island and East Diablo Fire Protection Districts, C.20, 6/5/01 ****Immediately upon expiration of publication,**** send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: Please confirm date of publication & receipt of this fax. a =,s LEGAL PUBLICATION REQUISTION x. - y.:... : . Contra Costa County ' OSr' COUN� From: Clerk of the Board To: West County Times 651 Pine St., Room. 106 PO Box 100 Martinez, CA 94553 Pinole, CA 94564 Requested by: Patty Molloy Date: June 8, 2001 Phone No: 335-1907 Reference No: 533 Org: 1100 Sub Object: 2190 Task: Activity: Publication Date (s): June 13 and 20, 2001 No. of Pages: 9 LEGAL PUBLICATION- Weed Abatement Contracts for the Contra Costa County, Bethel Island and East Diablo Fire Protection Districts, C.20, 6/5/01. ""Immediately upon expiration of publication,"" send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: Please confirm date of publication & receipt of this fax. r, :- a LEGAL PUBLICATION RE UISTION Contra Costa County . P GrTA Cf)UN'� From: Clerk of the Board To: San Ramon Valley Times 651 Pine St., Room 106 PO Box 68 Martinez, CA 94553 Danville, CA 94526 Requested by: Patty Molloy Date: June 8, 2001 Phone No: 335-1907 Reference No: 535 Org: 1100 Sub Object: 2190 Task: Activity: Publication Date (s): June 13 and 20, 2001 No. of Pages: 9 LEGAL PUBLICATION- Weed Abatement Contracts for the Contra Costa County, Bethel Island and East Diablo Fire Protection Districts, C.20, 6/5/01 ""Immediately upon expiration of publication,"" send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: Please confirm date of publication & receipt of this fax. "Jon Peters" To: gmart@cao.co.contra-costa.ca.us <jpeters@cctimes.co cc: m> Subject: Re: Legal publication-Weed Abatement Contracts 06/11/2001 05:44 PM These are all set for 6/13, 6/20 unless you have any changes Tuesday morning Wacwm.doc legal 5925 cost: $293.88 Waccm.doc legal 5926 cost: $296.36 Wacem.doc legal 5927 cost: $301.32 Waccd.doc legal 5928 cost: $271.56 Jon gmart@cao.co.contra-costa.ca.us wrote: > Hi John: > As requested, here are the legal publications for Weed Abatement Contracts > for the Contra Costa County, Bethel Island and East Diablo Fire Protection > Districts, C.20, 6/5/01 > There are four: one for East County; two for Central County (different > activities) ; and one for West County. > If you have any questions, please call me at (925) 335-1908. (See attached > file: Wacwm.doc) (See attached file: Waccm.doc) (See attached file: > Wacem.doc) (See attached file: Waccd.doc) > Call me to confirm receipt of these legal notices. > ------------------------------------------------------------------------ > Name: Wacwm.doc > Wacwm.doc Type: Download File (application/msword) > Encoding: base64 > Download Status: Not downloaded with message > Name: Waccm.doc > Waccm.doc Type: Download File (application/msword) > Encoding: base64 > Download Status: Not downloaded with message > Name: Wacem.doc > Wacem.doc Type: Download File (application/msword) > Encoding: base64 > Download Status: Not downloaded with message > Name: Waccd.doc > Waccd.doc Type: Download File (application/msword) > Encoding: base64 > Download Status: Not downloaded with message jpeters.vcf 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, (hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds, rubbish and other fire hazard conditions within the East Division of the Contra Costa County Fire Protection District boundaries and under its jurisdiction. 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, 2003. The East Division of the Contra Costa County Fire Protection District, consists of Antioch, Pittsburg, Bay Point, and county lands in and around these communities, and for the purpose of providing weed abatement services, 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 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 July 10, 2001 , 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 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. "TORW �WACEM M - y 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 of 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 the Contra Costa County Board of Supervisors has adopted an Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program. Definitions and detailed information are included in Appendix A of the Specifications. 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. John Sweeten, Clerk of the Board of Supervisors and County Administrator By: v Deputy 7-77 Publication Dates: June 13 and 20, 2001 (Pub. Contract Section 2081 2) 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, (hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds, rubbish and other fire hazard conditions within the Central Division of the Contra Costa County Fire Protection District, boundaries and under its jurisdiction. 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, 2003. The Central Division of the Contra Costa County Fire Protection District, consists of Concord, Clayton, Pacheco, Pleasant Hill, Lafayette, Martinez, Walnut Creek, and county lands in and around these 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 July 10, 2001 , 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 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�FQMS�� �AC M 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 of 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 the Contra Costa County Board of Supervisors has adopted an Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program. Definitions and detailed information are included in Appendix A of the Specifications. 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,Cent,-0- W.W.ision. John Sweeten, Clerk of the Board of Supervisors and County Administrator By: Deputy cif} Mou.o y Publication Dates: June 13 and 20, 2001 (Pub. Contract Section 20812) 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, (hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds, rubbish and other fire hazard conditions within the West Division of the Contra Costa County Fire Protection District boundaries and under its jurisdiction. 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, 2003. The West Division of the Contra Costa County Fire Protection District, consists of El Sobrante, San Pablo and county lands in and around these 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 July 10, 2001 , 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 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. �AFJOCS\W�EE \W�ACW i 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 of 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 the Contra Costa County Board of Supervisors has adopted an Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program. Definitions and detailed information are included in Appendix A of the Specifications. 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. John Sweeten, Clerk of the Board of Supervisors and County Administrator By: Deputy �m Publication Dates: June 13 and 20, 2001 (Pub. Contract Section 20812) 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, (hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds, rubbish and other fire hazard conditions within the Central Division of the Contra Costa County Fire Protection District boundaries and under its jurisdiction. The term of this contract shall commence on the date the contract is executed on behalf of the Fire District and shall terminate December 31, 2003. The Central Division of the Contra Costa County Fire Protection District, consists 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 July 10,200 at 11:00 a.rg 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. 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 RMS\ S\ CD-R D - - bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and incorporated herein by reference thereto; the same as if set forth in full herein. For any classification not included in the list, the minimum wage shall be the general prevailing rate for Contra Costa County. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Fire Protection District, Central Division. John Sweeten, Clerk of the Board of Supervisors and County Administrator By: Deputy Publication Dates: June 13 and 20, 2001 (Pub. Contract Section 20812) ..FORM WEEDS\WAC D DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 1. OUTREACH PROGRAM A. General This project is subject to the policies and requirements established in the County's Outreach Program for the use of Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Other Business Enterprises (OBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs). The County is committed to ensuring full and equitable participation by minority, women, and other sub-bid or subcontracting businesses in County- funded construction projects. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Bidders are encouraged to use MBE/WBE firms whenever there is a need to subcontract portions of the work. Failure to comply with the County's Outreach Program may render the bid non-responsive. B. MBE/WBE/OBE Participation The Outreach Program requires the bidder to make a "Good Faith Effort" to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, and LBEs which is anticipated by the County to produce levels of participation as stated in the proposal form. C. Definitions For purposes of this program, the following definitions shall apply: 1. "Minority or Women Business Enterprise (MBE or WBE)" means a business enterprise that meets both of the following criteria: a. A business entity that is at least 51 percent owned by one or more minority persons or women or, in the case of any business whose stock is held, at least 51 percent of the stock is owned by one or more minority persons or women; and b. A business whose management and daily business operations are controlled by one or more minority persons or women. 2. "Other Business Enterprise (OBE)" means any business which does not otherwise qualify as a Minority or Women Business Enterprise. 3. "Small Business Enterprise (SBE)" means a small business concern, as defined in Section 3 of the Small Business Act and implementing regulations (Volume 13 of the Code of Federal Regulations, Chapter 1). 4. "Local Business Enterprise (LBE)" means a business that has its main office or principal place of business within the boundaries of Contra Costa County. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-0O.doc (Rev.7/12/00) DIVISION E - 1 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 5. "Minority person" means African Americans; Hispanic Americans; Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians); Asian Pacific (including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas); and Asian Indians (including persons whose origins are from India, Pakistan, and Bangladesh). 6. "Subcontract" means an agreement between the prime contractor and an individual, firm, or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. 7. "Subcontractor" means an individual, firm, or corporation having a direct contract with the contractor for the performance of a part of the work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. 8. "Vendor and/or supplier" means a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A vendor and/or supplier of bulk items such as steel, cement, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. 9. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor. 10. "Trucker" means a firm that performs hauling or trucking work with trucks owned or leased by that firm. 11. "Broker" means a firm that charges for providing a bona fide service such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials, or supplies required for the performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. D. Certification and Participation of Minority and Women Business Enterprises 1. If recognition is to be given to MBE/WBE participation on this project, within three (3) working days after bid opening, an MBE/WBE must be: (a) certified by the involved County department or self-certified on an appropriate form satisfactory to the County; or (b) certified by any of the following agencies-State of California Department of Transportation (Caltrans), City of Oakland, Port of Oakland, Regional Transit Coordinating Council, San Francisco Human Rights Commission, Los Angeles County Metropolitan Transportation Commission, or U.S. Small Business Administration. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 2 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater Applications for certification and/or directories of MBE/WBE certified firms are available at the following locations:' a. Contra Costa County Affirmative Action Office, 651 Pine Street, 10th Floor, Martinez, CA 94553 Telephone: (925) 335-1045 Fax: (925)646-1353 Email: brive@cao.co.contra-costa.ca.us b. City of Oakland Office of Public Works, One City Hall Plaza, Oakland, CA 94612 Telephone: (510) 238-3970 Fax: (510) 234-2233 c. Los Angeles County Metropolitan Transportation Commission Equal Opportunity Department, 1 Gateway Plaza, Los Angeles, CA 90012 Telephone: (2 1')) 922-2600 Fax: (213) 922-7660 d. Port of Oakland 530 Water Street, Oakland, CA 94607 Telephone: (510) 272-1390 Fax: (510) 272-1172 e. Regional Transit Coordinating Council Includes the following agencies: AC Transit (Alameda Contra Costa Transit District) Telephone: (510) 577-8812 Fax: (510) 577-8839 Email: sandyp@pacbell.net BART(Bay Area Rapid Transit District) Telephone: (510)464-6110 Fax: (510) 464-7587 Email:jmackl@bart.dst.ca.us County Connection (Central Contra.Costa Transit Authority) Telephone: (925) 676-1976 x223 Fax: (925) 686-2630 Metropolitan Transportation Commission Telephone: (510) 464-7750 Fax: (510) 464-7848 Email:jmiyas@mtc.dst.ca.us \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 3 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater Samtrans (San Mateo County Transit District) Telephone: (415) 508-6417 Fax: (415) 508-6415 San Francisco Municipal Railway Telephone: (415) 923-6139 Fax: (415) 923-6180 Santa Clara Valley Transportation Authority Telephone: (408) 321-5606 Fax: (408) 955-0892 Email: andy.flores@vta.org f. San Francisco Human Rights Commission 25 Van Ness Avenue, Suite 800, San Francisco, CA 94102-6033 Telephone: (415)252-2500 Fax: (415) 431-5764 Webpage: http://www.sfhumanrights.org/ (Note: Firm must be listed on their certification list, not their registry). g. Caltrans (California Department of Transportation) Division of Civil Rights, 1120 N Street, Room 2445, Sacramento, CA 95814 Webpage: http:/www.dot.ca.gov/hq h. U.S. Small Business Administration Regional Office, 71 Stevenson Street, 20th Floor, San Francisco, CA 94105-2939 Telephone: (415) 744-6808 Webpage: http://www/govcon.com/ 2. This applies to recognition as an MBE/WBE. a. All listed MBE or WBE firms must be certified as defined under the preceding paragraph before credit may be allowed toward the respective MBE or WBE participation level. b. Work performed by a prime contractor will be considered for credit in computing any level of anticipated MBE/WBE participation established for this project. The prime contractor will be required to make a good faith effort to obtain certified MBEs/WBEs through subcontracting to reach anticipated participation levels. c. A listed MBE or WBE firm must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E -4 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater d. Recognition for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for such materials/supplies in computing the levels of MBE/WBE participation, unless the vendor manufactures or substantially alters the materials/supplies. e. MBE/WBE credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. f. MBE/WBE credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. E. Good Faith Effort Documentation The bidder must take affirmative steps prior to bid opening to ensure that a maximum effort is made to recruit sub-bidder/subcontractors. Minority and women-owned and controlled businesses must be considered along with other business enterprises whenever possible as sources of supplies, construction, and other services. The required affirmative steps for Good Faith Effort documentation are outlined below. It is the policy of Contra Costa County to provide all MBEs, WBEs, OBEs, SBEs, and LBEs an equal opportunity to participate in the performance of all County contracts. Bidders must assist the County in implementing this policy by taking all reasonable steps to ensure that all qualified business enterprises, including MBEs, WBEs, OBEs, SBEs, and LBEs have an equal opportunity to compete for and participate in County contracts. A bidder's good faith efforts to reach out to MBEs, WBEs, OBEs, SBEs, and LBEs (subcontractors, suppliers, manufacturers, truckers, etc.) will be determined by the Board of Supervisors from written documentation of the level of effort put into achieving the indicators. Failure to meet anticipated MBE/WBE participation levels will not by itself be the basis for disqualification or determination of noncompliance with this policy. However, failure to include supporting documentation of a good faith effort and failure to achieve a minimum of 75 out of 100 Good Faith Effort evaluation points may render the bid non-responsive and may result in its rejection. Adequacy of bidder's good faith effort will be determined after consideration of the indicators of good faith as set forth below. Indicator 1 2 3 4 5 6 7 8 9 10 Total Points 0 10 13 9 10 10 5 10 26 7 100 Each indicator(2-10) is evaluated on a pass/fail basis, i.e., either full or zero points can be achieved for compliance with each item. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 5 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 1 LEVEL OF ANTICIPATED MBE/WBE PARTICIPATION No Points The bidder has made a good faith effort to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, and LBEs which could be expected by the County to produce a reasonable level of participation by interested business enterprises, including the anticipated levels of MBE and WBE participation set forth in the proposal form and to have the bidder meet the Mandatory Subcontracting Minimum for the project. 2 1 ATTENDED PRE-BID MEETING 10 Points The bidder has attended the pre-bid meeting scheduled by the County to inform all bidders of the requirements for the project for which the contract will be awarded. This requirement may be waived only if the bidder certifies in writing prior to the pre-bid meeting that it was already informed as to those project requirements. Required Documentation: a) Attend pre-bid meeting and be listed on the attendance sheet; or b) Submit a letter prior to the pre-bid meeting either by fax to (925) 313-7299 or by mail to Contra Costa County General Services Department, Architectural Division, 1220 Morello Avenue, Suite 100, Martinez California 94553. 3 1 SUFFICIENT WORK IDENTIFIED FOR SUBCONTRACTORS 113 Points The bidder has identified, listed and selected specific work items in the project to be performed by sub-bidders/subcontractors in order to provide an opportunity for participation by MBEs, WBEs, OBEs, SBEs, and LBEs. Upon making this determination, the bidder subdivided the total contract work requirements into smaller portions or quantities to permit maximum active participation of MBEs, WBEs, OBEs, SBEs, and LBEs. Required Documentation: Proof of this must be demonstrated in either Indicator 4 or 5. 4 1 ADVERTISEMENT 19 Points Not less than ten (10) calendar days prior to bid opening, the bidder advertised for sub-bids from interested business enterprises in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media, specified by the County, such as the Daily Construction Service, the Daily Pacific Builder, or the Small Business Exchange. Required Documentation: A copy of the advertisement and a proof of publication statement or other verification which confirms the date the advertisement was published. Note: The advertisement must be specific to the project, not generic, and may not be a plan holder advertisement provided by the publication. It should include the County project name, name of bidder, areas of work available for subcontracting, and a contact person's name and telephone number, information on the availability of plans and specifications and the bidder's \\Gsd_fsIWolapp\TEMPLATMARMBoiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 6 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater policy concerning assistance .to subcontractors in obtaining bonds, lines of credit, and/or insurance. Consideration will be given to the wording of the advertisement to ensure that it did not exclude or seriously limit the number of potential. respondents. 5 1 WRITTEN NOTICES TO SUBCONTRACTORS 10 Points The bidder has provided written notice of its interest in receiving sub-bids on the contract to those subcontractors, suppliers, manufacturers, and truckers, including MBEs, WBEs, OBEs, SBEs, and LBEs having an interest in participation in the selected work items. All notices of interest shall be provided not less than ten (10) calendar days prior to the date the bids are required to be submitted. Required Documentation: A copy of each letter sent to available MBEs, WBEs, OBEs, SBEs, and LBEs for each item of work to be performed. If there is only one mastei notification, then a copy of the letter along with a listing of all recipients will suffice. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain: areas of work to be subcontracted; County project name; name of the bidder; contact person's name, address, and telephone number; information on the availability of plans and specifications; and the bidder's policy concerning assistance with bonds, lines of credit, and insurance. Note: This written notice can be used to satisfy Indicators 3, 7, and 10. CERTIFICATION AGENCIES (Bidders should contact the agencies listed in Paragraph D.1 above to obtain current copies of MBE/WBE directories for listings of certified MBE/WBE firms.) 6 1 FOLLOW-UP ON INITIAL SOLICITATION 10 Points The bidder has documented efforts to follow-up initial solicitations made in Indicator #5 by contacting the MBEs, WBEs, OBEs, LBEs, and SBEs to determine with certainty whether said businesses were interested in performing specific portions of the project work, to answer any questions from them, to record any telephone quotes, and to confirm/record the business' interest in bidding on the project. Required Documentation: A copy of telephone logs. These logs must include the name of the company called, telephone number, contact person, who did the calling, time, date, and the result of the conversation. Bidder must follow-up with all subcontractors to whom they sent letters. 7 1 PLANS, SPECIFICATIONS AND REQUIREMENTS 15 Points The bidder has provided interested sub-bid enterprises with information about the plans, specifications, and requirements for the selected sub-bid/subcontracting work. Required Documentation: Include in Indicator 4 or 5, information detailing how, where, and when the bidder will make the required information available to interested subcontractors. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 7 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity .for Use on County-Funded Construction Contracts of$50,000 and Greater 8 1 CONTACTED RECRUITMENT/PLACEMENT ORGANIZATIONS 10 Points The bidder has requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs, OBEs, SBEs, and LBEs not less than fifteen (15) calendar days prior to the submission of bids. Any organizations which have been contacted must be listed in the required documentation. Required Documentation: A copy of each letter sent to outreach agencies requesting assistance in recruiting MBEs, WBEs, OBEs, SBEs, and LBEs. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain areas of work to be subcontracted, County project name, name of the bidder, and contact person's name, address, and telephone number. 9I NEGOTIATE IN GOOD FAITH 26 Points The bidder has negotiated in good faith with interested MBEs, WBEs, OBEs, SBEs, and LBEs and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any enterprise, as determined by the County. Required Documentation: a) Copies of all MBE/WBE/OBE/SBE/LBE bids or quotes received; and b) Summary sheet organized by work area, listing the bids received, the name of the company that submitted the bid, the dollar amount of the bid and the subcontractor selected for that work area. If the bidder elects to perform a listed work area with its own forces, they must include a bid that shows their own costs for the work. 10 1 BOND, LINES OF CREDIT, AND INSURANCE ASSISTANCE 7 Points The bidder has documented efforts to advise and assist interested MBEs, WBEs, OBEs, SBEs, and LBEs in obtaining bonds, lines of credit, and insurance required by the County or contractor. Required Documentation: Include in Indicator 4 or 5, information about the bidders's efforts to assist with bonds, lines of credit, and insurance. No later than three (3) working days following bid opening, the bidders shall submit completed good faith effort documentation to the County. In its review of the good faith effort documentation, the County may request additional information to validate and/or clarify that the good faith effort submission was adequate. Such information shall be submitted promptly upon request by the County. For MBE/WBE firms to be used on the project, the bidder shall submit, within three (3) working days after bid opening, a completed "Letter of Intent" form for each such firm (see sample form at end of Division E). Use of the form will verify the amount of work each MBE/WBE subcontractor, supplier, manufacturer, or trucker intends to perform. The form \\Gsd_fsIWolapp\TEMPLATEAtCMBoiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 8 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater shall be signed by the MBE/WBE subcontractor, supplier, manufacturer, or trucker identifying the item(s) of work to be performed and the actual dollar value to be received. F. Award of Contract The Board reserves the right to reject any and all bids. The award of a contract will be to the lowest responsive, responsible bidder whose proposal complies with all requirements prescribed herein. This includes compliance with the required Outreach Program. A positive and adequate demonstration to the satisfaction of the Board of Supervisors that a good faith effort to include MBE/WBE/OBE/SBE/LBE subcontractors' participation was made is a condition for eligibility for award of the contract. In the event that the Board considers awarding away from the apparent low bidder because of the bidder's failure to supply adequate good faith effort documentation, the County shall afford the bidder an opportunity to present further evidence prior to award of contract. The Board specifically reserves the right, in its sole discretion, to waive any of the time requirements set forth in this Division E and to waive any other irregularities relating to compliance with the County's Outreach Program. G. Subcontractor Substitution In addition to the requirements set forth in the provisions pertaining to the listing of subcontractors the following shall apply for the purpose of this program: 1. Substitution During Construction: The contract award requires that the level of all subcontractor participation shall be maintained throughout the duration of the contract. a. The Contractor shall request advance approval for all substitutions of bid-listed subcontractors. b. The request shall be in writing and submitted to the County. The request shall give the reason for the substitution, the name of the subcontractor, supplier, trucker, or manufacturer, and the name of the replacement. 2. MBE/WBE Sub-bidder/Subcontractor Substitution: The County requires that whenever the Contractor seeks to substitute a bid-listed MBE/WBE subcontractor, supplier, manufacturer, or trucker, the Contractor must make a good faith effort to replace the MBE/WBE with a firm of the same certification status (i.e., MBE for MBE and WBE for WBE). a. The Contractor shall call at lease two (2) certified MBE or WBE sub-bid prospects from each trade for which sub-bid/subcontracting work is available and document the following for submittal: \\Gsd_fsI\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 9 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater Name of the company called; contact person and telephone number; date and time of contact. Response for each item of .work which was solicited, including dollar amounts. Reason for selection or rejection of sub-bid prospect. b. The Contractor shall submit all documentation of good faith efforts to the County for review and approval by the County Administrator's Office. H. Sub-Agreement Falsification Falsification or misrepresentation of a sub-agreement as to company name, contract amount, and/or actual work to be done by the sub-bidder/subcontractor will result in sanctions set forth in provisions pertaining to listing of subcontractors. I. Final Subcontracting Report Submittal/Verification of Performance Forms The Contractor must submit the Final Subcontracting Report to the County Affirmative Action Office within fifteen (15) calendar days after the final inspection of the contract work by the County. Failure to comply may result in the assessment of liquidated damages in the amount of five hundred dollars ($500.00) per calendar day by the Board of Supervisors. Upon completion of work, the Contractor shall submit a completed "Verification of Performance" form (see sample form at end of Division E) for each MBE/WBE prime contractor, subcontractor, supplier, manufacturer, or trucker used on the project or listed in the bid. The form shall be signed by the MBE/WBE identifying the item(s) of work performed and the actual dollar amount received. Final payment for work done may be withheld until all MBE/WBE Verification of Performance forms are received. The Prime Contractor must explain in writing any total dollar amounts paid to MBE/WBE subcontractors, suppliers, manufacturers, or truckers that are less than the dollar amounts shown on the respective Letter of Intent. J. Review of Records Upon request, the Contractor and its subcontractors and truckers shall promptly make available, for review by the County Administrator's Office, certified payroll records and copies of purchase orders, invoices, and/or contracts from suppliers and manufacturers. K. Prompt Payment The Contractor shall make prompt payment to its subcontractors, truckers, suppliers, and manufacturers in accordance with their contracts and legal relationships. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 10 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 2. MANDATORY SUBCONTRACTING MINIMUM A. General This project is subject to the policies and requirements established by the Board of Supervisors Outreach Program-Construction. The County is committed to maximizing subcontracting opportunities in the provision of all goods and services to the County on a contractual basis. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Failure to comply with the Mandatory Subcontracting Minimum requirements may render the bid non-responsive. B. Mandatory Subcontracting Minimum Participation Level To be eligible for award of this project, the Board of Supervisors requires the bidder to subcontract a minimum percentage of its bid, which is stated in the proposal form, to any qualified available contractor, and list all subcontractors, regardless of amount, that the bidder wishes to be credited toward achieving the required MSM. Failure to list the subcontractors and subcontracting amounts with the bid on the form provided in the proposal, sufficient to meet or exceed the required MSM, may cause the bid to be rejected by the Board of Supervisors as non-responsive. C. Definitions For purposes of this program, the following definitions shall apply: 1. "Subcontractor" means an individual, firm or corporation having a direct contract with the contractor for the performance of a part of work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. 2. "Subcontract" means an agreement between the prime contractor and an individual, firm or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. 3. "Vendor and/or supplier" means a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A supplier of bulk items such as steel, cement, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. 4. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or suppliers obtained by the contractor. \\Gsd_fs1\volapp\TEMPLATMARCHToiler Plates\Division E 8-00.doc (Rev. 7/12/00) DIVISION E - I I DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 5. "Broker" means a firm that charges for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials or supplies required for performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. D. MSM Participation Recognition 1. Work performed by a prime contractor will not be considered for credit toward the MSM participation level. 2. MSM credit for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for the materials/supplies. 3. MSM credit for a vendor who substantially alters materials/supplies and/or is a manufacturer will be 100 percent. 4. MSM credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. 5. MSM credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/17/00) DIVISION E - 12 l DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater PROPOSAL All good faith effort documentation must be submitted with the bid or within three (3) working days following the bid opening. Failure to submit the required good faith effort documentation within three (3) working days following the bid opening may render the bid non-responsive. The County anticipated levels of MBE Participation: 14% VWBE Participation: 6% The bidder is required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting Minimum (MSM) 12 Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 13 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 3. AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall pay special attention to Division F General Conditions, Section 36 Equal Employment Opportunity and Labor Code Section 1735 and these special provisions. A. Employment Goals 1. On projects of $1,000,000 or more it shall be the goal of each contractor and subcontractor to ensure that the overall minority composition of all persons employed specifically for the purpose of completing this contract shall reflect the overall minority composition of the labor force of Contra Costa County (25.7%) and 6.9% of the labor force for women employed specifically for the purpose of completing this contract. This requirement does not apply to current employees used on this contract. 2. The contractor shall make a maximum effort to achieve this employment goal within each trade by ensuring that the percentage of total hours worked within each trade by persons who are members of minority groups and women are in proportion to the overall minority composition of the Contra Costa County labor force population. 3. The goals shall apply to the contractor and all subcontractors regardless of how they are selected. B. Specific Affirmative Action Steps 1. No contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its goals. The Contractor and subcontractor shall be given the opportunity to demonstrate that they have instituted these Specific Affirmative Action Steps and have made every "good faith effort" to make these steps work toward the attainment of the above employment goals. The contractor shall inform its subcontractors of their respective obligations under the terms and requirements of these special provisions. 2. The Contractor's and subcontractors' Affirmative Action Program must include specific affirmative action steps to increase minority and women utilization. Any contractor who fails to meet the employment goals outlined in Paragraph A "Employment Goals", above, must demonstrate to the satisfaction of the Contract Compliance Officer that a "good faith effort" was made to meet these goals. This effort must be at least as extensive and specific as the following: a) The Contractor shall notify the union (hiring hall) in writing that the employment goal of this project is not being met, and the Contractor shall solicit the union's assistance in meeting the specified goals. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 14 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater b) The Contractor shall make specific and continuing personal recruitment efforts, both written and oral, directed at minority, female and community organizations, schools with minority and female students, minority and female recruitment organizations, and minority and female training organizations within the greater San Francisco Bay Area. c) The Contractor shall notify the Contract Compliance Officer whenever the union or unions with whom the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or female in response to a request sent by the Contractor to the union or whenever the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet the specified employment goals. d) The Contractor shall actively participate as an individual or through an association in joint apprenticeship programs, and the Contractor shall, where reasonable, develop on-the-job training opportunities and programs which expressly include minorities and females. e) The Contractor shall solicit and sponsor members of minority groups and females for pre-apprenticeship training. f) The Contractor shall demonstrate an effort to cooperate with the unions with which the Contractor has agreements in the development of programs to assure qualified members or minority groups and females of equal opportunity in employment in the construction trades. g) The Contractor shall maintain a file of the names, addresses and telephone numbers of minority and female workers referred to said Contractor, what actions were taken with respect to each referred worker, and if the worker was not employed, the reasons why. For each such worker not employed by the Contractor, the Contractor's file shall document the reasons. h) The Contractor shall establish and maintain a current list of minority and female recruitment sources, and shall notify community organizations that the Contractor has employment opportunities . available, and shall maintain the records of organizations' responses. The Contractor shall make a specific effort to encourage its current employees to recruit any qualified minority and female workers. i) The Contractor shall disseminate an Equal Employment Opportunity (EEO) policy within the Contractor's own organization by including it in any policy manual and collective bargaining agreement; by publicizing it in company newspapers and annual reports; by conducting staff and employee representative meetings to explain and discuss policy; by posting of the policy; and by specific review of the policy with minority and female employees. \\Gsd_fsI\volapp\TEMPLATB\ARCHToiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 15 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater j) The Contractor shall disseminate an EEO policy externally by providing notice of the policy to the unions and training programs and requesting their cooperation in assisting the Contractor in meeting EEO obligations; by informing and discussing it with all recruitment sources; by advertising in the news media, specifically including minority and female news media; by notifying and discussing it with all subcontractors and suppliers. k) The Contractor shall ensure that all facilities and company activities are nonsegregated. If necessary, changing facilities shall be provided to assure privacy between the sexes. 1) The Contractor shall conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage such employees to seek or to prepare for, through appropriate training, etc., such opportunities. m) The Contractor shall review, at least annually, the company's EEO policy. Upon request by the Contract Compliance Officer, the Contractor shall provide copies of documentation that a "good faith effort" was made. C. Reporting Requirements The provisions in Division F General Conditions, Section 36 Equal Employment Opportunity and Labor Code Section 1735 are amended as follows: Each employee shall be identified as to minority or non-minority status and as to gender status on a form acceptable to the Contract Compliance Officer. Forms shall be submitted weekly to the Contract Compliance Officer. When payroll records are required, this information may be included on certified payroll records using California Department of Industrial Relations Public Works Payroll Reporting Form A-1-131. D. Enforcement The Contract Compliance Office will review Contractor's and subcontractor's "project" employment practices during the performance of the work. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-00.doc (Rcv.7/12/00) DIVISION E - 16 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 1. Determination of Noncompliance: If the Contract Compliance Officer determines that there is an apparent violation of any substantial requirements of these "Affirmative Action and Equal Employment Opportunity" special provisions, Division F General Conditions, Section 36 Equal Employment Opportunity or Labor Code Section 1735 by the Contractor or one of its subcontractors, the Contract Compliance Officer will hold a meeting with the Contractor, and its subcontractor (if applicable), for the purpose of determining whether the Contractor is indeed out of compliance. If after the meeting the Contract Compliance Officer finds the Contractor out of compliance, the Contractor will be notified of its appeal rights to the County Administrator. In the event that the Contractor disagrees with the County Administrator's determination, the Contractor may appeal, in writing, to the Board of Supervisors. If the Board of Supervisors concurs that there has been a violation, the Contract Compliance Officer will notify the Contractor in writing of the sanctions to be imposed. In addition, the Contra Costa County Board of Supervisors will deem a finding of willful violation of the California Fair Employment Act by the Fair Employment Practices Commission to be a violation by the Contractor of the nondiscrimination requirements of this project, and such violation shall be subject to the sanctions provided herein. The same shall apply to violations of the Equal Employment Opportunity Commission regulation and other state.and federal compliance agencies. Any sanctions imposed by the County for such violations shall be in addition to any sanctions or penalties imposed by the regulatory agencies or commissions. 2. Sanctions: A finding at the public hearing that there has been a violation of the Affirmative Action and Equal Employment Opportunity requirements of this project shall be cause for the Board of Supervisors to impose any or all of the following sanctions: a) Withhold an additional (10%) of all further contract progress payments until the Contractor provides evidence satisfactory to the Board of Supervisors that the condition of noncompliance has been corrected. b) Suspend the contract until such time as the Contractor provides evidence satisfactory to the Board of Supervisors that the condition of noncompliance has been corrected. All expenses, including liquidated damages shall be paid by the Contractor for any resultant delays. c) Cancel the contract and collect appropriate damages from the Contractor. d) Declaration that the Contractor is non-responsible and is ineligible to make bids on future County contracts until the Contractor can demonstrate to the satisfaction of the Board of Supervisors that the violation has been corrected. DS:GB:ls \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 17 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (925) 335-1045 Fax(925) 646-1353 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER Name of Prime Contractor Name of Project Project Number The undersigned is a(check one): Sole proprietorship _ Corporation Limited Liability Partnership Joint Venture Check the following which may apply. 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 _None of the Above Apply The undersigned is prepared to perform the following described work in connection with the above project(specify in detail the particular work items or parts thereof to be performed): Total Amount Bid to Prime Contractor: $ Signature Position Title Date Name of Person Completing this Form Company Name Phone Number Fax Number \\Gsd_fsI\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doe (Rev.7/12/00) DIVISION E - 18 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (925) 335-1045 Fax(925) 646-1353 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT 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 Limited Liability Partnership _ Joint Venture 5. Check the following which may apply. MBE WBE SBE LBE Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor Supplier Supplier _ Supplier _ Supplier _ Manufacturer Manufacturer _ Manufacturer _ Manufacturer _ Trucker Trucker _ Trucker _ Trucker _ Sub Consultant _ Sub Consultant _ Sub Consultant _ Sub Consultant _ Other _ Other _ Other _ Other Describe Describe Describe Describe _None of the Above Apply 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 or Consultant: $ 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. ( 1 Company Name Phone Number ( 1 FAX Number \\Gsd_fsIWolapp\TEMPLATB\ARMBoiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 19 Contra Costa County Fire Protection District East Division 2001/2002/2003 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL by HAND MOWING, RUBBISH REMOVAL, GENERAL LABOR, DISCING, TRACTOR DRAWN MOWING AND DOZING CONTRACT DOCUMENTS NOTICE TO CONTRACTOR APPENDIX A: OUTREACH PROGRAM ABATEMENT SPECIFICATIONS BID PROPOSAL ABATEMENT CONTRACT APPENDIX 1: WORKERS COMPENSATION LIABILITY APPENDIX 2: PERFORMANCE BOND APPENDIX 3: PAYMENT BOND VERIFICATION OF PERFORMANCE TAFORMSMEEDSMACEM 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, (hereinafter"District"), that Clerk of said Board will receive.bids for the abating of weeds, rubbish and other fire hazard conditions within the East Division of the Contra Costa County Fire Protection District boundaries and under its jurisdiction. 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, 2.003. The East Division of the.Contra Costa County Fire Protection District, consists of Antioch, Pittsburg, Bay Point, and county lands in and around these communities, and for the purpose of providing weed abatement services, 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 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 bidderand retained by the District if the successful bidder refuses, neglects, or fails to enter into said Contractor 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 July 10, 2001 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 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. } TAFORMSMEEDSMACEM M - 1 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 of 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 the Contra Costa County Board of Supervisors has adopted an Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program. Definitions and detailed information are included in Appendix A of the Specifications. 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. John Sweeten, Clerk of the Board of Supervisors and County Administrator By: ILI Deputy Publication Dates: (Pub. Contract Section 2081 2) 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 d. The Contra Costa County Fire Protection District, 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. e. 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 allegedly 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 DISTRICT, 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. TAFORMSMEEDSMACEM M - 4 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 Vt 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 RESPONSIIBILITIES 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 TORMSMEEDSMACEM M - 5 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. 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. TAFORMSMEEDSMACEM M - 6 I _. 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. Tractor Drawn Mowing g. Dozing h. 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. 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. Dozing—May be used to level mounds of dirt prior to discing or rotovating or to clear large areas of debris. 8. 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 available for use at all times during the term of this 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. TAFORMSMEEDSMACEM M - 8 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 one (1) track layer type tractor 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 two (2) 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. 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. f. ' 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. g. 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 do 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-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. h. 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. TAFORMSMEEDSMACEM M - 9 1 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. TAFORMS\WEEDMACEM M - 10 Contra Costa County Fire Protection District East Division BID PROPOSAL FOR EXTERIOR FIRE HAZARD CONTROL By HAND MOWING, RUBBISH REMOVAL, GENERAL LABOR, DISCING, TRACTOR DRAWN MOWING AND DOZING 2001/2002/2003 ABATEMENT CONTRACT For the performance of exterior fire hazard abatement work in the Contra Costa County Fire Protection District, 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 has complied with the County's Outreach 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 M-11 THROUGH M-15 OF THE BID PROPOSAL. TAFORMSMEEDSMACEM M - 11 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.hme 21, 2001 , at 3:00 p.m. and Jame 19, 2001 , at 9:30 a.m. BID PROPOSAL HAND MOWING BID PRICE TO INCLUDE REMOVAL&DISPOSAL OF ALL WEEDS AFTER MOWING .)... ........v!w.. YS ...,,... ....F .. ....: ::..::r.. :lam . ..<.'.... .. ...... .�:.;' 4 x.. ..:'.';. :.�: .::l.: .. ,.: .......... T ;, . . HAND MO��IN . .. E5T)<MA ED UNIT 1<1NIT PACE` �':TOTAL�PIZIC•E,-­< 0 - 25500 Sq. Ft. 10 Parcels Ea. 2,501 - 5,000 Sq. Ft. 8 Parcels Ea. 5,001 - 7,500 Sq. Ft. 6 Parcels Ea. 7,501 - 10,000 Sq. Ft. 6 Parcels Ea. 10,001'- 15,000 Sq. Ft. 4 Parcels Ea. 15,001 - 20,000 Sq. Ft. 4 Parcels Ea. 20,001 - 25,000 Sq. Ft. 2 Parcels Ea. 25,001 - 30,000 Sq. Ft. 2 Parcels Ea. 30,001 - 35,000 Sq. Ft. 1 Parcels Ea.- 35,001 a:35,001 - 40,000 Sq. Ft. 1 Parcels Ea. 40,001 - 45,000 Sq. Ft.. 1 Parcels Ea. More than 1 Acre thru 5 Acres 1 Acre Per Acre Hourly Mowing & Misc. Per Man Hand Work 40 Hours Hour RUBBISH REMOVAL -HAND LOADED Per Cubic Yard 25 Cu. Yd. Ea. Cu. Yd. Hourly 40 Hours Per Man Hour TAFORMSMEEDSMACEM M - 12 TRACTOR DRAWN MOWING qv, _ "*'�� - . }},.:ma�y;; ,,:�. •��y�ry�'l„`w',> 0 - 11,000 Sq. Ft. 2 Parcels Ea. 11,001 - 22,000 Sq. Ft. 2 Parcels Ea. 22,001 - 33,000 S . Ft 2 Parcels Ea. 33,001 - 43,560 Sq. Ft. 2 Parcels Ea. More Than 1 Acre 1 Acre Per Acre Hourly 10 Hours Per Hour RUBBISH REMOVAL BY TRACTOR tn is : .• Fg`':L.t,. Y 5 b. .� i°a Loader, Dump Truck & Operator 1 Hour Per Hour Per Cubic Yard 1 Cu. Yd. Ea. Cu. Yd. COMPENSATION SHALL BE MADE FOR ON SITE WORK ONLY,NOT FOR TRAVEL&DUMP TIME DOZING y.t." .!( I., ..iS���"f £ � �' � ,y V .ya' .>.•F:. ...�..:.�: :Y.3' ;:jx'{a•+.� •.ri .•3. .i..V'�+.::�.'yy. ,Y:�:i'.�kn L`i`' .�' WXL, � .�.... 5'C't•. .X: �.k'.: .:tw• .* '�b.... .��.s�S 5d�.. Angle Dozer& Operator 1 Hour Per Hour DISCING r 1.hw.. .... .. x., t:• ,0.y.,,,..r-:•r..,.:.f: ,; .� .:c.; ',�,;::r.: .:: :x.,76 'r:: .r�.� ��sv :. -,:.,. . r.e :x.•:.._� v ,� 3.. `{� 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 - 10 Acres 1 Acre Per.Acre More than 10 Acres 1 Acre Per Acre Hourly 25 Hours Per Hour TOTAL COMPOSITE BID S The contract will be awarded to the lowest responsible and responsive bidder (based upon the bidder's composite bid, not individual unit prices) who has been found to have met the requirements of the County's Outreach and Mandatory Subcontracting Minimum Program. 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. TAFORMSMEEDSMACEM M - 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. YEARS NA1ViE&'"ADDRESSOF CONTRACTING PARTY,.;' �:. , :. .. id f.... .... 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. .. ... ..,..... A!. .......:......... : ....... ......., e .. n':°�r c.E::_t',u•�i":}+:. .:4`rtyy��� :t 4. .: ...... ........3.� ...,... ,... .,.... ._... .. ._..e!..�.<4(S.f:. - I ;2r,•.,�:�,>:.-.::::v�-?cS'�'�<i�:;'y�,'s°<i.':c:::.�'::.;.::::;:i::;, ,. .. ..<...: ate. ..: .:. $. .:. <�+,4 r. : .. C . ..,. .. .. p,. AM UNT. , TYPE. Ox . ��., ,�.. ,. ,� � . ....:.:.:: IA 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: TAFORMMEEDSMACEM M '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:\FORMS\WEEDS\WACEM M - 15 ..e— r 2001/2002/2003 ABATEMENT CONTRACT EAST DIVISION FOR EXTERIOR FIRE HAZARD CONTROL By HAND MOWING, RUBBISH REMOVAL, GENERAL LABOR, DISCING, TRACTOR DRAWN MOWING AND DOZING 1. SPECIAL TERMS: These special terms are incorporated below by reference. A. PARTIES: Contra Costa County Fire Protection District, 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. TAFORMSMEEDSMACEM M - 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: SILVANO MARCHESI COUNTY COUNSEL BY: 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, 2003. 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, 2001 or October 1, 2002. 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, 2000, shall be taken as the "Base Index" for the purpose of computation. On January 1, 2002 and again on January 1, 2003, 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. TAFORMSMEEDSMACEM M - 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. 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. TAFORMSMEEDSMACEM M - 18 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: 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. TAFORMSMEEDSMACEM M - 19 12. LAWS APPLY (GENERAL): Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter 1 of Part 7 of the California Labor Code, Section 1720 et seq. and including Sections 1735, 1777.5.and 1777.6, and intend that this contract complies therewith. The parties stipulate that the relevant penalties and forfeitures provided in the Labor Code, including those contained in Sections 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract 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. TAFORMSMEEDSMACEM M -20 16. APPRENTICES: Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6 (discrimination prohibited). 17. PREFERENCE FOR MATERIALS: The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products, workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT: This agreement binds the heirs, successors, assigns and representatives of the contractor; but he/she cannot assign it in whole or in part, nor any 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), 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. TAFORMSUEEDSMACEM M -21 i APPENDIX 1 CONTRACT: CONTRACTOR: CERTIFICATION BY CONTRACTOR (LABOR CODE, SECTION 1861) TO CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I certify under penalty of perjury that the foregoing is true and correct. DATE: at: , CA 1 CONTRACTOR BY: (Designate official capacity in business) BY: (Designate official capacity in business) I TAFORMSMEEDSMACEM M —22 — r:rvrcm�wvttuJvvH� tm IVI —LJ ` 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 N7 and 118 by attaching a written explanation. 10. Signature Position/Title Date 11. Name of Person Completing this Form 12. ( l Company Name Phone Number FAX Number c:\forms\vop.wpd j REVISED 11/97 APPENDIX A OUTREACH PROGRAM TAFORMMEEDSMACEM M - 3 Contra Costa County Fire Protection District West Division 2001/2002/2003 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL by HAND MOWING, RUBBISH REMOVAL, GENERAL LABOR, DISCING, TRACTOR DRAWN MOWING AND DOZING CONTRACT DOCUMENTS NOTICE TO CONTRACTOR APPENDIX A: OUTREACH PROGRAM ABATEMENT SPECIFICATIONS BID PROPOSAL ABATEMENT CONTRACT APPENDIX 1: WORKERS COMPENSATION LIABILITY APPENDIX 2: PERFORMANCE BOND APPENDIX 3: PAYMENT BOND VERIFICATION OF PERFORMANCE TAFORMSMEEDSMAMM 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, (hereinafter"District"),that Clerk of said Board will receive bids for the abating of weeds, rubbish and other fire hazard conditions within the West Division of the Contra Costa County Fire Protection District boundaries and under its jurisdiction. 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, 2003. The West Division of the Contra Costa County Fire Protection District, consists of El Sobrante, San Pablo and county lands in and around these 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 July 10, 2001 , 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 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. TAFORMSMEEDSMACWM M - 1 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 of 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 the Contra Costa County Board of Supervisors has adopted an Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program. Definitions and detailed information are included in Appendix A of the Specifications. 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. John Sweeten, Clerk of the Board of Supervisors and County Administrator By: O Deputy Publication Dates: (Pub. Contract Section 20812) 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 d. The Contra Costa County Fire Protection District, 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. e. 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 allegedly 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 DISTRICT, 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. TAFORMSMEEDSMACWM M - 4 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 I"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. TAFORMSMEEDSMAMM M - 5 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 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. 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. T:\FORMS\WEEDS\WACWM M - 6 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 Outreach Program adopted by the Contra Costa Board of Supervisors. The 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 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. TAFORMSMEEDSMAMM M - 7 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. Tractor Drawn Mowing g. Dozing h. 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. 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. Dozing—May be used to level mounds of dirt prior to discing or rotovating or to clear large areas of debris. 8. 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 available for use at all times during the term of this 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. TAFORMSMEEDSMAMM M - 8 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 one (1) track layer type tractor 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 two (2) 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. 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. f. 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. g. 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'/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 do 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-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. TAFORMSMEEDSMAMM M - 9 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 315 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. T:\FORMS\WEEDS\WACWM M - 10 Contra Costa County Fire Protection District West Division BID PROPOSAL FOR EXTERIOR FIRE HAZARD CONTROL By HAND MOWING, RUBBISH REMOVAL, GENERAL LABOR, DISCING, TRACTOR DRAWN MOWING AND DOZING 2001/2002/2003 ABATEMENT CONTRACT For the performance of exterior fire hazard abatement work in the Contra Costa County Fire Protection District, 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 has complied with the County's Outreach 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 M-11 THROUGH M-15 OF THE BID PROPOSAL. TAFORMSMEEDSMACWM M - 11 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 ,Time 21, 2001 , at 3:00 p.m. and Jame 19, 2001 , at 9:30 a.m. BID PROPOSAL HAND MOWING BID PRICE TO INCLUDE REMOVAL&DISPOSAL OF ALL WEEDS AFTER MOWING t:..5 ....... ...... .. „-S..5 . . . :. -a.. .a.. .r r5 .x. wa, ..''Y'''om .as :d... .< .r... < HAND MOWIl�TG ESTIMATED UNIT< .;UNIT`PRICE�� "-JO -E: 9 .:$F;$e::::%':. .......r.r. ..�. .. ... �. .. . ...... .. • _ 0 - 2,500 Sq. Ft. 10 Parcels Ea. 2,501 - 5,000 Sq. Ft. 10 Parcels Ea. 5,001 - 7,500 Sq. Ft. 10 Parcels Ea. 7,501 - 10,000 Sq. Ft. 8 Parcels Ea. 10,001 - 15,000 Sq. Ft. 4 Parcels Ea. 15,001 - 20,000 Sq. Ft. 4 Parcels Ea. 20,001 - 25,000 Sq. Ft. 2 Parcels Ea. 25,001 - 30,000 Sq. Ft. 2 Parcels Ea. 30,001 - 35,000 Sq. Ft. 1 Parcels Ea. 35,001 -40,000 Sq. Ft. 1 Parcels Ea. 40,001 - 45,000 Sq. Ft. 1 Parcels Ea. More than 1 Acre thru 5 A71 Acre Per Acre Hourly Mowing & Misc. Per Man Hand Work 100 Hours Hour RUBBISH REMOVAL - HAND LOADED Per Cubic Yard 25 Cu. Yd. Ea. Cu. Yd. Hourly 40 Hours Per Man Hour TAFORMSMEEDSMACWM M - 12 TRACTOR DRAWN MOWING ............. 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 I Acre Per Acre Hourly 10 Hours Per Hour RUBBISH REMOVAL BY TRACTOR PM-ITTEDI; Loader, Dump Truck & Operator I Hour Per Hour Per Cubic Yard I Cu. Yd. 1 Ea. Cu. Yd. COMPENSATION SHALL BE MADE FOR ON SITE WORK ONLY,NOT FOR TRAVEL&DUMP TIME DOZING .9 grgs LT'A�RTC Angle Dozer& Operator I Hour Per Hour DISCING 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 - 10 Acres I Acre Per Acre More than 10 Acres I Acre Per Acre Hourly 20 Hours Per Hour TOTAL COMPOSITE BID $ The contract will be awarded to the lowest responsible and responsive bidder (based upon the bidder's composite bid, not individual unit prices) who has been found to have met the requirements of the County's Outreach and Mandatory Subcontracting Minimum Program. 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. TAFORMSMEEDSMACM M - 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. 0 tMW DRESS-AmCONTAA y r. . 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. ts— ".6.4 AM-0 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: TAFORMSMEEDSMAMM M - 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:\FORMS\WEEDS\WACWM M - 15 2001/2002/2003 ABATEMENT CONTRACT WEST DIVISION FOR EXTERIOR FIRE HAZARD CONTROL By HAND MOWING, RUBBISH REMOVAL, GENERAL LABOR, DISCING, TRACTOR DRAWN MOWING AND DOZING 1. SPECIAL TERMS: These special terms are incorporated below by reference. A. PARTIES: Contra Costa County Fire Protection District, hereinafter referred to as "Fire District" or "District", (Contractor) B. EFFECTIVE DA TE.- (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. TAFORMSMEEDSMACWM M - 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: SILVANO MARCHESI COUNTY COUNSEL BY: 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, 2003. 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, 2001 or October 1, 2002. 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, 2000, shall be taken as the "Base Index" for the purpose of computation. On January 1, 2002 and again on January 1, 2003, 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 I%, 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. TAFORMSMEEDSMAG M M - 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. 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. TAFORMSMEEDSMACWM M - 18 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: 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. TAFORMSMEEDSMAMM M - 19 12. LAWS APPLY (GENERAL): Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter 1 of Part 7 of the California Labor Code, Section 1720 et seq. and including Sections 1735, 1777.5 and 1777.6, and intend that this contract complies therewith. The parties stipulate that the relevant penalties and forfeitures provided in the Labor Code, including those contained in Sections 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract 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. TAFORMSMEEDSMAMM M -20 16. APPRENTICES: Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6 (discrimination prohibited). 17. PREFERENCE FOR MATERIALS: The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products, workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT: This agreement binds the heirs, successors, assigns and representatives of the contractor; but he/she cannot assign it in whole or in part, nor any 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), 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. TAFORMSUEEDSMACWM M -21 APPENDIX 1 CONTRACT: CONTRACTOR: CERTIFICATION BY CONTRACTOR(LABOR CODE, SECTION 1861) TO CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I certify under penalty of perjury that the foregoing is true and correct. DATE: at: , CA CONTRACTOR BY: (Designate official capacity in business) BY: (Designate official capacity in business) T:\FORMS\WEEDS\WACWM M -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 ($) 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 , 20 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TAFORMMEEDSMAMM M -23 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 , 20 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TAFORMSMEEDSMACWM M -24 . 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 Positionll-itle Date Name of Person Completing this Form 12. ( 1 Company Name Phone Number L � FAX Number 0.forms\vop.wpd REVISED 1iron APPENDIX A OUTREACH PROGRAM TAFORMSMEEDSMACWM M - 3 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 1. OUTREACH PROGRAM A. General This project is subject to the policies and requirements established in the County's Outreach Program for the use of Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Other Business Enterprises (OBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs). The County is committed to ensuring full and equitable participation by minority, women, and other sub-bid or subcontracting businesses in County- funded construction projects. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Bidders are encouraged to use MBE/WBE firms whenever there is a need to subcontract portions of the work. Failure to comply with the County's Outreach Program may render the bid non-responsive. B. MBE/WBE/OBE Participation The Outreach Program requires the bidder to make a "Good Faith Effort" to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, and LBEs which is anticipated by the County to produce levels of participation as stated in the proposal form. C. Definitions For purposes of this program, the following definitions shall apply: 1. "Minority or Women Business Enterprise (MBE or WBE)" means a business enterprise that meets both of the following criteria: a. A business entity that is at least 51 percent owned by one or more minority persons or women or, in the case of any business whose stock is held, at least 51 percent of the stock is owned by one or more minority persons or women; and b. A business whose management and daily business operations are controlled by one or more minority persons or women. 2. "Other Business Enterprise (OBE)" means any business which does not otherwise qualify as a Minority or Women Business Enterprise. 3. "Small Business Enterprise (SBE)" means a small business concern, as defined in Section 3 of the Small Business Act and implementing regulations (Volume 13 of the Code of Federal Regulations, Chapter 1). 4. "Local Business Enterprise (LBE)" means a business that has its main office or principal place of business within the boundaries of Contra Costa County. \\Gsd_fsIWolapp\TEMPLATMARCMBoiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 1 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 5. "Minority person" means African Americans; Hispanic Americans; Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians); Asian Pacific (including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas); and Asian Indians (including persons whose origins are from India, Pakistan, and Bangladesh). 6. "Subcontract" means an agreement between the prime contractor and an individual, firm, or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. 7. "Subcontractor" means an individual, firm, or corporation having a direct contract with the contractor for the performance of a part of the work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. 8. "Vendor and/or supplier" means a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A vendor and/or supplier of bulk items such as steel, cement, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. 9. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor. 10. "Trucker" means a firm that performs hauling or trucking work with trucks owned or leased by that firm. 11. "Broker" means a firm that charges for providing a bona fide service such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials, or supplies required for the performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. D. Certification and Participation of Minority and Women Business Enterprises 1. If recognition is to be given to MBE/WBE participation on this project, within three (3) working days after bid opening, an MBE/WBE must be: (a) certified by the involved County department or self-certified on an appropriate form satisfactory to the County; or (b) certified by any of the following agencies-State of California Department of Transportation (Caltrans), City of Oakland, Port of Oakland, Regional Transit Coordinating Council, San Francisco Human Rights Commission, Los Angeles County Metropolitan Transportation Commission, or U.S. Small Business Administration. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates0ivision E 8-OO.doc (Rev. 7/12/00) DIVISION E - 2 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity .for Use on County-Funded Construction Contracts of$50,000 and Greater Applications for certification and/or directories of MBE/WBE certified firms are available at the following locations: a. Contra Costa County Affirmative Action Office, 651 Pine Street, 10th Floor, Martinez, CA 94553 Telephone: (925) 335-1045 Fax: (925)646-1353 Email: brive@cao.co.contra-costa.ca.us b. City of Oakland Office of Public Works, One City Hall Plaza, Oakland, CA 94612 Telephone: (510) 238-3970 Fax: (510) 234-2233 c. Los Angeles County Metropolitan Transportation Commission Equal Opportunity Department, 1 Gateway Plaza, Los Angeles, CA 90012 Telephone: (2 1')) 922-2600 Fax: (213) 922-7660 d. Port of Oakland 530 Water Street, Oakland, CA 94607 Telephone: (510) 272-1390 Fax: (510) 272-1172 e. Regional Transit Coordinating Council Includes the following agencies: AC Transit (Alameda Contra Costa Transit District) Telephone: (510) 577-8812 Fax: (510) 577-8839 Email: sandyp@pacbell.net BART (Bay Area Rapid Transit District) Telephone: (510)464-6110 Fax: (510)464-7587 Email:jmackl@bart.dst.ca.us County Connection (Central Contra.Costa Transit Authority) Telephone: (925) 676-1976 x223 Fax: (925) 686-2630 Metropolitan Transportation Commission Telephone: (510) 464-7750 Fax: (510) 464-7848 Email:jmiyas@mtc.dst.ca.us \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boilcr Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 3 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater Samtrans (San Mateo County Transit District) Telephone: (415) 508-6417 Fax: (415) 508-6415 San Francisco Municipal Railway Telephone: (415) 923-6139 Fax: (415) 923-6180 Santa Clara Valley Transportation Authority Telephone: (408) 321-5606 Fax: (408) 955-0892 Email: andy.flores@vta.org f. San Francisco Human Rights Commission 25 Van Ness Avenue, Suite 800, San Francisco, CA 94102-6033 Telephone: (415) 252-2500 Fax: (415) 431-5764 Webpage: http://www.sfhumanrights.org/ (Note: Firm must be listed on their certification list, not their registry). g. Caltrans California Department of Transportation) Division of Civil Rights, 1120 N Street, Room 2445, Sacramento, CA 95814 Webpage: http:/www.dot.ca.gov/hq h. U.S. Small Business Administration Regional Office, 71 Stevenson Street, 20th Floor, San Francisco, CA 94105-2939 Telephone: (415) 744-6808 Webpage: http://www/govcon.com/ 2. This applies to recognition as an MBE/WBE. a. All listed MBE or WBE firms must be certified as defined under the preceding paragraph before credit may be allowed toward the respective MBE or WBE participation level. b. Work performed by a prime contractor will be considered for credit in computing any level of anticipated MBE/WBE participation established for this project. The prime contractor will be required to make a good faith effort to obtain certified MBEs/WBEs through subcontracting to reach anticipated participation levels. c. A listed MBE or WBE firm must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. \\Gsd_fsIWolapffEMPLATMARMBoiler PlatesOivision E 8-00.doc (Rev. 7/12/00) DIVISION E -4 DIVISION E. Outreach Program/Mandatoty Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater d. Recognition for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for such materials/supplies in computing the levels of MBE/WBE participation, unless the vendor manufactures or substantially alters the materials/supplies. e. MBE/WBE credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. f. MBE/WBE credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. E. Good Faith Effort Documentation The bidder must take affirmative steps prior to bid opening to ensure that a maximum effort is made to recruit sub-bidder/subcontractors. Minority and women-owned and controlled businesses must be considered along with other business enterprises whenever possible as sources of supplies, construction, and other services. The required affirmative steps for Good Faith Effort documentation are outlined below. It is the policy of Contra Costa County to provide all MBEs, WBEs, OBEs, SBEs, and LBEs an equal opportunity to participate in the performance of all County contracts. Bidders must assist the County in implementing this policy by taking all reasonable steps to ensure that all qualified business enterprises, including MBEs, WBEs, OBEs, SBEs, and LBEs have an equal opportunity to compete for and participate in County contracts. A bidder's good faith efforts to reach out to MBEs, WBEs, OBEs, SBEs, and LBEs (subcontractors, suppliers, manufacturers, truckers, etc.) will be determined by the Board of Supervisors from written documentation of the level of effort put into achieving the indicators. Failure to meet anticipated MBE/WBE participation levels will not by itself be the basis for disqualification or determination of noncompliance with this policy. However, failure to include supporting documentation of a good faith effort and failure to achieve a minimum of 75 out of 100 Good Faith Effort evaluation points may render the bid non-responsive and may result in its rejection. Adequacy of bidder's good faith effort will be determined after consideration of the indicators of good faith as set forth below. Indicator 1 2 3 4 5 6 7 8 9 10 Total Points 0 10 13 9 10 10 5 10 26 7 100 Each indicator(2-10) is evaluated on a pass/fail basis, i.e., either full or zero points can be achieved for compliance with each item. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 5 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 1 LEVEL OF ANTICIPATED MBE/WBE PARTICIPATION No Points The bidder has made a good faith effort to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, and LBEs which could be expected by the County to produce a reasonable level of participation by interested business enterprises, including the anticipated levels of MBE and WBE participation set forth in the proposal form and to have the bidder meet the Mandatory Subcontracting Minimum for the project. 2 1 ATTENDED PRE-BID MEETING 10 Points The bidder has attended the pre-bid meeting scheduled by the County to inform all bidders of the requirements for the project for which the contract will be awarded. This requirement may be waived only if the bidder certifies in writing prior to the pre-bid meeting that it was already informed as to those project requirements. Required Documentation: a) Attend pre-bid meeting and be listed on the attendance sheet; or b) Submit a letter prior to the pre-bid meeting either by fax to (925) 313-7299 or by mail to Contra Costa County General Services Department, Architectural Division, 1220 Morello Avenue, Suite 100, Martinez California 94553. 3 1 SUFFICIENT WORK IDENTIFIED FOR SUBCONTRACTORS 13 Points The bidder has identified, listed and selected specific work items in the project to be performed by sub-bidders/subcontractors in order to provide an opportunity for participation by MBEs, WBEs, OBEs, SBEs, and LBEs. Upon making this determination, the bidder subdivided the total contract work requirements into smaller portions or quantities to permit maximum active participation of MBEs, WBEs, OBEs, SBEs, and LBEs. Required Documentation: Proof of this must be demonstrated in either Indicator 4 or 5. 4 1 ADVERTISEMENT 19 Points Not less than ten (10) calendar days prior to bid opening, the bidder advertised for sub-bids from interested business enterprises in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media, specified by the County, such as the Daily Construction Service, the Daily Pacific Builder, or the Small Business Exchange. Required Documentation: A copy of the advertisement and a proof of publication statement or other verification which confirms the date the advertisement was published. Note: The advertisement must be specific to the project, not generic, and may not be a plan holder advertisement provided by the publication. It should include the County project name, name of bidder, areas of work available for subcontracting, and a contact person's name and telephone number, information on the availability of plans and specifications and the bidder's \\Gsd_fsIWolapp\TEMPLATE\ARCH\136ter Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 6 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance. Consideration will be given to the wording of the advertisement to ensure that it did not exclude or seriously limit the number of potential respondents. 5 WRITTEN NOTICES TO SUBCONTRACTORS 10 Points The bidder has provided written notice of its interest in receiving sub-bids on the contract to those subcontractors, suppliers, manufacturers, and truckers, including MBEs, WBEs, OBEs, SBEs, and LBEs having an interest in participation in the selected work items. All notices of interest shall be provided not less than ten (10) calendar days prior to the date the bids are required to be submitted. Required Documentation: A copy of each letter sent to available MBEs, WBEs, OBEs, SBEs, and LBEs for each item of work to be performed. If there is only one master notification, then a copy of the letter along with a listing of all recipients will suffice. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain: areas of work to be subcontracted; County project name; name of the bidder; contact person's name, address, and telephone number; information on the availability of plans and specifications; and the bidder's policy concerning assistance with bonds, lines of credit, and insurance. Note: This written notice can be used to satisfy Indicators 3, 7, and 10. CERTIFICATION AGENCIES (Bidders should contact the agencies listed in Paragraph D.1 above to obtain current copies of MBE/WBE directories for listings of certified MBE/WBE firms.) 6 FOLLOW-UP ON INITIAL SOLICITATION 10 Points The bidder has documented efforts to follow-up initial solicitations made in Indicator #5 by contacting the MBEs, WBEs, OBEs, LBEs, and SBEs to determine with certainty whether said businesses were interested in performing specific portions of the project work, to answer any questions from them, to record any telephone quotes, and to confirm/record the business' interest in bidding on the project. Required Documentation: A copy of telephone logs. These logs must include the name of the company called, telephone number, contact person, who did the calling, time, date, and the result of the conversation. Bidder must follow-up with all subcontractors to whom they sent letters. 7 1 PLANS, SPECIFICATIONS AND REQUIREMENTS 15 Points The bidder has provided interested sub-bid enterprises with information about the plans, specifications, and requirements for the selected sub-bid/subcontracting work. Required Documentation: Include in Indicator 4 or 5, information detailing how, where, and when the bidder will make the required information available to interested subcontractors. \\Gsd_fsIWolapp\TEMPLATE\ARMBoiler Plates\Division E 8-OO.doe (Rev. 7/12/00) DIVISION E - 7 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 8 1 CONTACTED RECRUITMENT/PLACEMENT ORGANIZATIONS 10 Points The bidder has requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs, OBEs, SBEs, and LBEs not less than fifteen (15) calendar days prior to the submission of bids. Any organizations which have been contacted must be listed in the required documentation. Required Documentation: A copy of each letter sent to outreach agencies requesting assistance in recruiting MBEs, WBEs, OBEs, SBEs, and LBEs. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain areas of work to be subcontracted, County project name, name of the bidder, and contact person's name, address, and telephone number. 9 1 NEGOTIATE IN GOOD FAITH 126 Points The bidder has negotiated in good faith with interested MBEs, WBEs, OBEs, SBEs, and LBEs and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any enterprise, as determined by the County. Required Documentation: a) Copies of all MBE/WBE/OBE/SBE/LBE bids or quotes received; and b) Summary sheet organized by work area, listing the bids received, the name of the company that submitted the bid, the dollar amount of the bid and the subcontractor selected for that work area. If the bidder elects to perform a listed work area with its own forces, they must include a bid that shows their own costs for the work. 10 1 BOND, LINES OF CREDIT, AND INSURANCE ASSISTANCE 7 Points The bidder has documented efforts to advise and assist interested MBEs, WBEs, OBEs, SBEs, and LBEs in obtaining bonds, lines of credit, and insurance required by the County or contractor. Required Documentation: Include in Indicator 4 or 5, information about the bidders's efforts to assist with bonds, lines of credit, and insurance. No later than three (3) working days following bid opening, the bidders shall submit completed good faith effort documentation to the County. In its review of the good faith effort documentation, the County may request additional information to validate and/or clarify that the good faith effort submission was adequate. Such information shall be submitted promptly upon request by the County. For MBE/WBE firms to be used on the project, the bidder shall submit, within three (3) working days after bid opening, a completed "Letter of Intent" form for each such firm (see sample form at end of Division E). Use of the form will verify the amount of work each MBE/WBE subcontractor, supplier, manufacturer, or trucker intends to perform. The form \\Gsd_fsI\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 8 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater shall be signed by the MBE/WBE subcontractor, supplier, manufacturer, or trucker identifying the item(s) of work to be performed and the actual dollar value to be received. F. Award of Contract The Board reserves the right to reject any and all bids. The award of a contract will be to the lowest responsive, responsible bidder whose proposal complies with all requirements prescribed herein. This includes compliance with the required Outreach Program. A positive and adequate demonstration to the satisfaction of the Board of Supervisors that a good faith effort to include MBE/WBE/OBE/SBE/LBE subcontractors' participation was made is a condition for eligibility for award of the contract. In the event that the Board considers awarding away from the apparent low bidder because of the bidder's failure to supply adequate good faith effort documentation, the County shall afford the bidder an opportunity to present further evidence prior to award of contract. The Board specifically reserves the right, in its sole discretion, to waive any of the time requirements set forth in this Division E and to waive any other irregularities relating to compliance with the County's Outreach Program. G. Subcontractor Substitution In addition to the requirements set forth in the provisions pertaining to the listing of subcontractors the following shall apply for the purpose of this program: 1. Substitution During Construction: The contract award requires that the level of all subcontractor participation shall be maintained throughout the duration of the contract. a. The Contractor shall request advance approval for all substitutions of bid-listed subcontractors. b. The request shall be in writing and submitted to the County. The request shall give the reason for the substitution, the name of the subcontractor, supplier, trucker, or manufacturer, and the name of the replacement. 2. MBE/WBE Sub-bidder/Subcontractor Substitution: The County requires that whenever the Contractor seeks to substitute a bid-listed MBE/WBE subcontractor, supplier, manufacturer, or trucker, the Contractor must make a good faith effort to replace the MBE/WBE with a firm of the same certification status (i.e., MBE for MBE and WBE for WBE). a. The Contractor shall call at lease two (2) certified MBE or WBE sub-bid prospects from each trade for which sub-bid/subcontracting work is available and document the following for submittal: \\Gsd_fsIWolapp\TEMPLATE\ARMBoiler Plates\Division E S-OO.doc (Rev.7/12/00) DIVISION E - 9 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater Name of the company called; contact person and telephone number; date and time of contact. Response for each item of work which was solicited, including dollar amounts. Reason for selection or rejection of sub-bid prospect. b. The Contractor shall submit all documentation of good faith efforts to the County for review and approval by the County Administrator's Office. H. Sub-Agreement Falsification Falsification or misrepresentation of a sub-agreement as to company name, contract amount, and/or actual work to be done by the sub-bidder/subcontractor will result in sanctions set forth in provisions pertaining to listing of subcontractors. I. Final Subcontracting Report Submittal/Verification of Performance Forms The Contractor must submit the Final Subcontracting Report to the County Affirmative Action Office within fifteen (15) calendar days after the final inspection of the contract work by the County. Failure to comply may result in the assessment of liquidated damages in the amount of five hundred dollars ($500.00) per calendar day by the Board of Supervisors. Upon completion of work, the Contractor shall submit a completed "Verification of Performance" form (see sample form at end of Division E) for each MBE/WBE prime contractor, subcontractor, supplier, manufacturer, or trucker used on the project or listed in the bid. The form shall be signed by the MBE/WBE identifying the item(s) of work performed and the actual dollar amount received. Final payment for work done may be withheld until all MBE/WBE Verification of Performance forms are received. The Prime Contractor must explain in writing any total dollar amounts paid to MBE/WBE subcontractors, suppliers, manufacturers, or truckers that are less than the dollar.amounts shown on the respective Letter of Intent. J. Review of Records Upon request, the Contractor and its subcontractors and truckers shall promptly make available, for review by the County Administrator's Office, certified payroll records and copies of purchase orders, invoices, and/or contracts from suppliers and manufacturers. K. Prompt Payment The Contractor shall make prompt payment to its subcontractors, truckers, suppliers, and manufacturers in accordance with their contracts and legal relationships. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 10 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 2. MANDATORY SUBCONTRACTING MINIMUM A. General This project is subject to the policies and requirements established by the Board of Supervisors Outreach Program-Construction. The County is committed to maximizing subcontracting opportunities in the provision of all goods and services to the County on a contractual basis. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Failure to comply with the Mandatory Subcontracting Minimum requirements may render the bid non-responsive. B. Mandatory Subcontracting Minimum Participation Level To be eligible for award of this project, the Board of Supervisors requires the bidder to subcontract a minimum percentage of its bid, which is stated in the proposal form, to any qualified available contractor, and list all subcontractors, regardless of amount, that the bidder wishes to be credited toward achieving the required MSM. Failure to list the subcontractors and subcontracting amounts with the bid on the form provided in the proposal, sufficient to meet or exceed the required MSM, may cause the bid to be rejected by the Board of Supervisors as non-responsive. C. Definitions For purposes of this program, the following definitions shall apply: 1. "Subcontractor" means an individual, firm or corporation having a direct contract with the contractor for the performance of a part of work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. 2. "Subcontract" means an agreement between the prime contractor and an individual, firm or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. 3. "Vendor and/or supplier" means a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A supplier of bulk items such as steel, cement, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. 4. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or suppliers obtained by the contractor. \\Gsd_fsI\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-oo.doc (Rev.7/12/00) DIVISION E - 11 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 5. "Broker" means a firm that charges for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials or supplies required for performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. D. MSM Participation Recognition 1. Work performed by a prime contractor will not be considered for credit toward the MSM participation level. 2. MSM credit for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for the materials/supplies. 3. MSM credit for a vendor who substantially alters materials/supplies and/or is a manufacturer will be 100 percent. 4. MSM credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. 5. MSM credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 12 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater PROPOSAL All good faith effort documentation must be submitted with the bid or within three (3) working days following the bid opening. Failure to submit the required good faith effort documentation within three (3) working days following the bid opening may render the bid non-responsive. The County anticipated levels of MBE Participation: 14% WBE Participation: 6% The bidder is required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting Minimum (MSM) 11% Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. \\Gsd_fsIWolapp\TEMPLATE\ARCM3oiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 13 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 3. AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall pay special attention to Division F General Conditions, Section 36 Equal Employment Opportunity and Labor Code Section 1735 and these special provisions. A. Employment Goals 1. On projects of $1,000,000 or more it shall be the goal of each contractor and subcontractor to ensure that the overall minority composition of all persons employed specifically for the purpose of completing this contract shall reflect the overall minority composition of the labor force of Contra Costa County (25.7%) and 6.9% of the labor force for women employed specifically for the purpose of completing this contract. This requirement does not apply to current employees used on this contract. 2. The contractor shall make a maximum effort to achieve this employment goal within each trade by ensuring that the percentage of total hours worked within each trade by persons who are members of minority groups and women are in proportion to the overall minority composition of the Contra Costa County labor force population. 3. The goals shall apply to the contractor and all subcontractors regardless of how they are selected. B. Specific Affirmative Action Steps 1. No contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its goals. The Contractor and subcontractor shall be given the opportunity to demonstrate that they have instituted these Specific Affirmative Action Steps and have made every "good faith effort" to make these steps work toward the attainment of the above employment goals. The contractor shall inform its subcontractors of their respective obligations under the terms and requirements of these special provisions. 2. The Contractor's and subcontractors' Affirmative Action Program must include specific affirmative action steps to increase minority and women utilization. Any contractor who fails to meet the employment goals outlined in Paragraph A "Employment Goals", above, must demonstrate to the satisfaction of the Contract Compliance Officer that a "good faith effort" was made to meet these goals. This effort must be at least as extensive and specific as the following: a) The Contractor shall notify the union (hiring hall) in writing that the employment goal of this project is not being met, and the Contractor shall solicit the union's assistance in meeting the specified goals. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 14 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater b) The Contractor shall make specific and continuing personal recruitment efforts, both written and oral, directed at minority, female and community organizations, schools with minority and female students, minority and female recruitment organizations, and minority and female training organizations within the greater San Francisco Bay Area. c) The Contractor shall notify the Contract Compliance Officer whenever the union or unions with whom the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or female in response to a request sent by the Contractor to the union or whenever the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet the specified employment goals. d) The Contractor shall actively participate as an individual or through an association in joint apprenticeship programs, and the Contractor shall, where reasonable, develop on-the-job training opportunities and programs which expressly include minorities and females. e) The Contractor shall solicit and sponsor members of minority groups and females for pre-apprenticeship training. f) The Contractor shall demonstrate an effort to cooperate with the unions with which the Contractor has agreements in the development of programs to assure qualified members or minority groups and females of equal opportunity in employment in the construction trades. g) The Contractor shall maintain a file of the names, addresses and telephone numbers of minority and female workers referred to said Contractor, what actions were taken with respect to each referred worker, and if the worker was not employed, the reasons why. For each such worker not employed by the Contractor, the Contractor's file shall document the reasons. h) The Contractor shall establish and maintain a current list of minority and female recruitment sources, and shall notify community organizations that the Contractor has employment opportunities available, and shall maintain the records of organizations' responses. The Contractor shall make a specific effort to encourage its current employees to recruit any qualified minority and female workers. i) The Contractor shall disseminate an Equal Employment Opportunity (EEO) policy within the Contractor's own organization by including it in any policy manual and collective bargaining agreement; by publicizing it in company newspapers and annual reports; by conducting staff and employee representative meetings to explain and discuss policy; by posting of the policy; and by specific review of the policy with minority and female employees. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Platesoivision E 8-OO.doc (Rev.7/12/00) DIVISION E - 15 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater J) The Contractor shall disseminate an EEO policy externally by providing notice of the policy to the unions and training programs and requesting their cooperation in assisting the Contractor in meeting EEO obligations; by informing and discussing it with all recruitment sources; by advertising in the news media, specifically including minority and female news media; by notifying and discussing it with all subcontractors and suppliers. k) The Contractor shall ensure that all facilities and company activities are nonsegregated. If necessary, changing facilities shall be provided to assure privacy between the sexes. 1) The Contractor shall conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage such employees to seek or to prepare for, through appropriate training, etc., such opportunities. m) The Contractor shall review, at least annually, the company's EEO policy. Upon request by the Contract Compliance Officer, the Contractor shall provide copies of documentation that a "good faith effort" was made. C. Reporting Requirements The provisions in Division F General Conditions, Section 36 Equal Employment Opportunity and Labor Code Section 1735 are amended as follows: Each employee shall be identified as to minority or non-minority status and as to gender status on a form acceptable to the Contract Compliance Officer. Forms shall be submitted weekly to the Contract Compliance Officer. When payroll records are required, this information may be included on certified payroll records using California Department of Industrial Relations Public Works Payroll Reporting Form A-1-131. D. Enforcement The Contract Compliance Office will review Contractor's and subcontractor's "project" employment practices during the performance of the work. \\Gsd_fsI\volapp\TEMPLATE\ARCH\Boi1cr Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 16 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 1. Determination of Noncompliance: If the Contract Compliance Officer determines that there is an apparent violation of any substantial requirements of these "Affirmative Action and Equal Employment Opportunity" special provisions, Division F General Conditions, Section 36 Equal Employment Opportunity or Labor Code Section 1735 by the Contractor or one of its subcontractors, the Contract Compliance Officer will hold a meeting with the Contractor, and its subcontractor (if applicable), for the purpose of determining whether the Contractor is indeed out of compliance. If after the meeting the Contract Compliance Officer finds the Contractor out of compliance, the Contractor will be notified of its appeal rights to the County Administrator. In the event that the Contractor disagrees with the County Administrator's determination, the Contractor may appeal, in writing, to the Board of Supervisors. If the Board of Supervisors concurs that there has been a violation, the Contract Compliance Officer will notify the Contractor in writing of the sanctions to be imposed. In addition, the Contra Costa County Board of Supervisors will deem a finding of willful violation of the California Fair Employment Act by the Fair Employment Practices Commission to be a violation by the Contractor of the nondiscrimination requirements of this project, and such violation shall be subject to the sanctions provided herein. The same shall apply to violations of the Equal Employment Opportunity Commission regulation and other state and federal compliance agencies. Any sanctions imposed by the County for such violations shall be in addition to any sanctions or penalties imposed by the regulatory agencies or commissions. 2. Sanctions: A finding at the public hearing that there has been a violation of the Affirmative Action and Equal Employment Opportunity requirements of this project shall be cause for the Board of Supervisors to impose any or all of the following sanctions: a) Withhold an additional (10%) of all further contract progress payments until the Contractor provides evidence satisfactory to the Board of Supervisors that the condition of noncompliance has been corrected. b) Suspend the contract until such time as the Contractor provides evidence satisfactory to the Board of Supervisors that the condition of noncompliance has been corrected. All expenses, including liquidated damages shall be paid by the Contractor for any resultant delays. c) Cancel the contract and collect appropriate damages from the Contractor. d) Declaration that the Contractor is non-responsible and is ineligible to make bids on future County contracts until the Contractor can demonstrate to the satisfaction of the Board of Supervisors that the violation has been corrected. DS:GB:ls \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 17 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (925) 335-1045 Fax (925)646-1353 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER Name of Prime Contractor Name of Project Project Number The undersigned is a(check one): Sole proprietorship Corporation Limited Liability Partnership Joint Venture Check the following which may apply. 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 None of the Above Apply The undersigned is prepared to perform the following described work in connection with the above project(specify in detail the particular work items or parts thereof to be performed): Total Amount Bid to Prime Contractor: $ Signature Position Title Date Name of Person Completing this Form Company Name Phone Number Fax Number \\Gsd_fsI\volapp\TEMPLATE\ARCH\Boiler Plates\Division E".doc (Rcv.7/12/00) DIVISION E - 18 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (925)335-1045 Fax(925) 646-1353 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT 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 Limited Liability Partnership Joint Venture 5. Check the following which may apply. MBE WBE SBE LBE _ Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor Supplier _ Supplier _ Supplier _ Supplier _ Manufacturer _ Manufacturer _ Manufacturer _ Manufacturer Trucker _ Trucker _ Trucker _ Trucker Sub Consultant _ Sub Consultant _ Sub Consultant _ Sub Consultant _ Other _ Other _ Other _ Other Describe Describe Describe Describe None of the Above Apply 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 or Consultant: $ 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 \\Gsd_fsIWolapp\TEMPLATB\ARCMBoiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 19 Contra Costa County Fire Protection District Central Division 2001/2002/2003 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL by HAND MOWING, RUBBISH REMOVAL AND GENERAL LABOR CONTRACT DOCUMENTS NOTICE TO CONTRACTOR APPENDIX A: OUTREACH PROGRAM ABATEMENT SPECIFICATIONS BID PROPOSAL ABATEMENT CONTRACT APPENDIX 1: WORKERS COMPENSATION LIABILITY APPENDIX 2: PERFORMANCE BOND APPENDIX 3: PAYMENT BOND VERIFICATION OF PERFORMANCE TAFORMSMEEDMACCM 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, (hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds, rubbish and other fire hazard conditions within the Central Division of the Contra Costa County Fire Protection District, boundaries and under its jurisdiction. 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, 2003. The Central Division of the Contra Costa County Fire Protection District, consists of Concord, Clayton, Pacheco, Pleasant Hill, Lafayette, Martinez, Walnut Creek, and county lands in and around these 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 July 10, 2001 , 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 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. TAFORMMEEDSMACCM M - 1 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 of 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 the Contra Costa County Board of Supervisors has adopted an Outreach Program. Bidders are expected to comply with the Construction Outreach Program component of this program. Definitions and detailed information are included in Appendix A of the Specifications. 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,CenD'.v-_sion. John Sweeten, Clerk of the Board of Supervisors and County Administrator By: Deputy Publication Dates: (Pub. Contract Section 20812) 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, 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 allegedly 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 DISTRICT, 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. TAFORMSMEEDS\WACCM M - 4 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 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 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. TAFORMSMEEDSMACCM M - 5 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 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. 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. TAFORMSMEEDSMACCM M - 6 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 Outreach Program adopted by the Contra Costa Board of Supervisors. The 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 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. TAFORMSMEEDSMACCM M - 7 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 available for use at all times during the term of this 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. TAFORMSMEEDSMACCM M - 8 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. 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 31St 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. TAFORMSMEEDSMACCM M - 9 (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. T:\FORMS\WEEDS\WACCM M - 10 Contra Costa County Fire Protection District Central Division BID PROPOSAL FOR EXTERIOR FIRE HAZARD CONTROL By HAND MOWING, RUBBISH REMOVAL, AND GENERAL LABOR 2001/2002/2003 ABATEMENT CONTRACT For the performance of exterior fire hazard abatement work in the Contra Costa County Fire Protection District, 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 has complied with the County's Outreach 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 M-11 THROUGH M-14 OF THE BID PROPOSAL. TAFORMSMEEDSMACCM M - 11 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 toeach 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 J m 21, 2001 , at 3:00 p.m. and Jury 19, 2001 , at 9:30 a.m. BID PROPOSAL HAND MOWING BID PRICE TO INCLUDE REMOVAL&DISPOSAL OF ALL WEEDS AFTER MOWING K. R.. ..._, .. :. V\ w1•, . r 'E5TIMATD ;;::>: UN°IT : .; vi �.. 1 ` ,TO 1NI�T�'PRI ANTI. 0 - 2,500 Sq. Ft. 10 Parcels Ea. 2;501 - 5,000 Sq. Ft. 10 Parcels Ea. 5,001 - 7,500 Sq. Ft. 10 Parcels Ea. 7,501 - 10,000 Sq. Ft. 10 Parcels Ea. 10,001 - 15,000 Sq. Ft. 10 Parcels Ea. 15,001 - 20,000 Sq. Ft. 8 Parcels Ea. 20,001 - 25,000 Sq. Ft. 4 Parcels Ea. 25,001 - 30;000 Sq. Ft. 4 Parcels Ea. 30,001 - 35;000 Sq. Ft. 2 Parcels Ea. 35,001 - 40,000 Sq. Ft. 1 Parcels Ea. 40,001 -45,000 Sq. Ft. 1 Parcels Ea. More than 1 Acre thru 5 Acres 1 Acre Per Acre Hourly Mowing & Misc. Per Man Hand Work 40 Hours Hour RUBBISH REMOVAL - HAND LOADED Per Cubic Yard 25 Cu. Yd. Ea. Cu. Yd. Hourly 40 Hours Per Man Hour TOTAL COMPOSITE BID S The contract will be.awarded to the lowest responsible and responsive bidder (based upon the bidder's composite bid, not individual unit prices) who has been found to have met the requirements of, the County's Outreach and Mandatory Subcontracting Minimum Program. 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:IFORMSMEEDSMACCM M - 12 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. :.:...:.........:.........:.. 'a ... ...... .. .. .:'. :.....,....,:.�....�. :....•. :., r�.�, ;r ;7,..� mss...:: ..........�.. . ....c........ .. a.,.,rra �. r: , ME&ADDRESS<OE-CONTRACTING°PARTY 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. < ...... ...... ....,; UNT 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: TAFORMSMEEDSMACCM M - 13 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:\FORMS\WEEDS\WACCM M - 14 2001/2002/2003 ABATEMENT CONTRACT CENTRAL DIVISION FOR EXTERIOR FIRE HAZARD CONTROL By HAND MOWING, RUBBISH REMOVAL, AND GENERAL LABOR 1. SPECIAL TERMS: These special terms are incorporated below by reference. A. PARTIES: Contra Costa County Fire Protection District, 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. TAFORMSMEEDSMACCM M - 15 (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: SILVANO MARCHESI COUNTY COUNSEL BY: 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, 2003. 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, 2001 or October 1, 2002. 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, contractorshall 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, 2000, shall be taken as the "Base Index" for the purpose of computation. On January 1, 2002 and again on January 1, 2003, 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. TAFORMSMEEDS\WACCM M - 16 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: i 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. TAFORMSMEEDSMACCM M - 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 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. TAFORMSMEEDSMACCM M - 18 12. LAWS APPLY (GENERAL): Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter 1 of Part 7 of the California Labor Code, Section 1720 et seq. and including Sections 1735, 1777.5 and 1777.6, and intend that this contract complies therewith. The parties stipulate that the.relevant penalties and forfeitures provided'in the-Labor Code, including those contained in Sections 1775 and 1813, concerning prevailing-wages and hours, shall apply to this contract as though fully stipulated herein. .13. SUBCONTRACTORS: a. Public Contract Code Sections 4.100-4113 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. TAFORMSMEEDSMACCM M - 19 16. APPRENTICES: Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6 (discrimination prohibited). 17. PREFERENCE FOR MATERIALS: The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products, workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT: This agreement binds the heirs, successors, assigns and representatives of the contractor; but he/she cannot assign it in whole or in part, nor any 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), 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. TAFORMSMEEDSUACCM M 20 APPENDIX 1 CONTRACT: CONTRACTOR: CERTIFICATION BY CONTRACTOR(LABOR CODE, SECTION 1861) TO CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I certify under penalty of perjury that the foregoing is true and correct. DATE: at: , CA CONTRACTOR BY: (Designate official capacity in business) BY: (Designate official capacity in business) TAFORMSMEEDSMACCM M -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, , 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 , 20 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TAFORMSMEEDSMACCM M -22 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 , 20 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TAFORMSMEEDSMACCM M -23 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 !17 and N8 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:\forms\vop.wpd REVISED 11/97 I APPENDIX A OUTREACH PROGRAM TAFORMSMEEDSMACCM M - 3 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 1. OUTREACH PROGRAM A. General This project is subject to the policies and requirements established in the County's Outreach Program for the use of Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Other Business Enterprises (OBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs). The County is committed to ensuring full and equitable participation by minority, women, and other sub-bid or subcontracting businesses in County- funded construction projects. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Bidders are encouraged to use MBE/WBE firms whenever there is a need to subcontract portions of the work. Failure to comply with the County's Outreach Program may render the bid non-responsive. B. MBE/WBE/OBE Participation The Outreach Program requires the bidder to make a "Good Faith Effort" to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, and LBEs which is anticipated by the County to produce levels of participation as stated in the proposal form. C. Definitions For purposes of this program, the following definitions shall apply: 1. "Minority or Women Business Enterprise (MBE or WBE)" means a business enterprise that meets both of the following criteria: a. A business entity that is at least 51 percent owned by one or more minority persons or women or, in the case of any business whose stock is held, at least 51 percent of the stock is owned by one or more minority persons or women; and b. A business whose management and daily business operations are controlled by one or more minority persons or women. 2. "Other Business Enterprise (OBE)" means any business which does not otherwise qualify as a Minority or Women Business Enterprise. 3. "Small Business Enterprise (SBE)" means a small business concern, as defined in Section 3 of the Small Business Act and implementing regulations (Volume 13 of the Code of Federal Regulations, Chapter 1). 4. "Local Business Enterprise (LBE)" means a business that has its main office or principal place of business within the boundaries of Contra Costa County. \\Gsd fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-0O.doc (Rev.7/12/00) DIVISION E - 1 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 5. "Minority person" means African Americans; Hispanic Americans; Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians); Asian Pacific (including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas); and Asian Indians (including persons whose origins are from India, Pakistan, and Bangladesh). 6. "Subcontract" means an agreement between the prime contractor and an individual, firm, or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. 7. "Subcontractor" means an individual, firm, or corporation having a direct contract with the contractor for the performance of a part of the work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. 8. "Vendor and/or supplier" means a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A vendor and/or supplier of bulk items such as steel, cement, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. 9. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor. 10. "Trucker" means a firm that performs hauling or trucking work with trucks owned or leased by that firm. 11. "Broker" means a firm that charges for providing a bona fide service such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials, .or supplies required for the performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. D. Certification and Participation of Minority and Women Business Enterprises 1. If recognition is to be given to MBE/WBE participation on this project, within three (3) working days after bid opening, an MBE/WBE must be: (a) certified by the involved County department or self-certified on an appropriate form satisfactory to the County; or (b) certified by any of the following agencies-State of California Department of Transportation (Caltrans), City of Oakland, Port of Oakland, Regional Transit Coordinating Council, San Francisco Human Rights Commission, Los Angeles County Metropolitan Transportation Commission, or U.S. Small Business Administration. \\Gsd_fsI\volapp\TEMPLATE\ARCHToilcr Platcs\Division E 8-OO.doc (Rcv.7/12/00) DIVISION E - 2 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater Applications for certification and/or directories of MBE/WBE certified firms are available at the following locations: a. Contra Costa County Affirmative Action Office, 651 Pine Street, 10th Floor, Martinez, CA 94553 Telephone: (925) 335-1045 Fax: (925)646-1353 Email: brive@cao.co.contra-costa.ca.us b. City of Oakland Office of Public Works, One City Hall Plaza, Oakland, CA 94612 Telephone: (510) 238-3970 Fax: (510) 234-2233 c. Los Angeles County Metropolitan Transportation Commission Equal Opportunity Department, 1 Gateway Plaza, Los Angeles, CA 90012 Telephone: (213) 922-2600 Fax: (213) 922-7660 d. Port of Oakland 530 Water Street, Oakland, CA 94607 Telephone: (510) 272-1390 Fax: (510) 272-1172 e. Regional Transit Coordinating Council Includes the following agencies: AC Transit (Alameda Contra Costa Transit District) Telephone: (510) 577-8812 Fax: (510) 577-8839 Email: sandyp@pacbell.net BART (Bay Area Rapid Transit District) Telephone: (510)464-6110 Fax: (510) 464-7587 Email:jmackl@bart.dst.ca.us County Connection (Central Contra.Costa Transit Authority) Telephone: (925) 676-1976 x223 Fax: (925) 686-2630 Metropolitan Transportation Commission Telephone: (510)464-7750 Fax: (510) 464-7848 Email:jmiyas@mtc.dst.ca.us \\Gsd_fsIWolapp\TEMPLATMARMBoiler Plates\Division E 8-oo.doc (Rev. 7/12/00) DIVISION E - 3 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater Samtrans (San Mateo County Transit District) Telephone: (415) 508-6417 Fax: (415) 508-6415 San Francisco Municipal Railway Telephone: (415) 923-6139 Fax: (415) 923-6180 Santa Clara Valley Transportation Authority Telephone: (408) 321-5606 Fax: (408) 955-0892 Email: andy.flores@vta.org f. San Francisco Human Rights Commission 25 Van Ness Avenue, Suite 800, San Francisco, CA 94102-6033 Telephone: (415) 252-2500 Fax: (415) 431-5764 Webpage: http://www.sfhumanrights.org/ (Note: Firm must be listed on their certification list, not their registry). g. Caltrans (California Department of Transportation) Division of Civil Rights, 1120 N Street, Room 2445, Sacramento, CA 95814 Webpage: http:/www.dot.ca.gov/hq h. U.S. Small Business Administration Regional Office, 71 Stevenson Street, 20th Floor, San Francisco, CA 94105-2939 Telephone: (415) 744-6808 Webpage: http://www/govcon.com/ 2. This applies to recognition as an MBE/WBE. a. All listed MBE or WBE firms must be certified as defined under the preceding paragraph before credit may be allowed toward the respective MBE or WBE participation level. b. Work performed by a prime contractor will be considered for credit in computing any level of anticipated MBE/WBE participation established for this project. The prime contractor will be required to make a good faith effort to obtain certified MBEs/WBEs through subcontracting to reach anticipated participation levels. c. A listed MBE or WBE firm must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. \\Gsd_fsIWolapp\TEMPLATE\ARMBoder Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E -4 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater d. Recognition for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for such materials/supplies in computing the levels of MBE/WBE participation, unless the vendor manufactures or substantially alters the materials/supplies. e. MBE/WBE credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. f. MBE/WBE credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. E. Good Faith Effort Documentation The bidder must take affirmative steps prior to bid opening to ensure that a maximum effort is made to recruit sub-bidder/subcontractors. Minority and women-owned and controlled businesses must be considered along with other business enterprises whenever possible as sources of supplies, construction, and other services. The required affirmative steps for Good Faith Effort documentation are outlined below. It is the policy of Contra Costa County to provide all MBEs, WBEs, OBEs, SBEs, and LBEs an equal opportunity to participate in the performance of all County contracts. Bidders must assist the County in implementing this policy by taking all reasonable steps to ensure that all qualified business enterprises, including MBEs, WBEs, OBEs, SBEs, and LBEs have an equal opportunity to compete for and participate in County contracts. A bidder's good faith efforts to reach out to MBEs, WBEs, OBEs, SBEs, and LBEs (subcontractors, suppliers, manufacturers, truckers, etc.) will be determined by the Board of Supervisors from written documentation of the level of effort put into achieving the indicators. Failure to meet anticipated MBE/WBE participation levels will not by itself be the basis for disqualification or determination of noncompliance with this policy. However, failure to include supporting documentation of a good faith effort and failure to achieve a minimum of 75 out of 100 Good Faith Effort evaluation points may render the bid non-responsive and may result in its rejection. Adequacy of bidder's good faith effort will be determined after consideration of the indicators of good faith as set forth below. Indicator 1 I = 3 4 5 6 7 8 9 10 Total Points 0 10 13 9 10 10 5 10 26 7 100 Each indicator(2-10) is evaluated on a pass/fail basis, i.e., either full or zero points can be achieved for compliance with each item. \\Gsd_fsI\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 5 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 1 LEVEL OF ANTICIPATED MBE/WBE PARTICIPATION No Points The bidder has made a good faith effort to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, and LBEs which could be expected by the County to produce a reasonable level of participation by interested business enterprises, including the anticipated levels of MBE and WBE participation set forth in the proposal form and to have the bidder meet the Mandatory Subcontracting Minimum for the project. 2 1 ATTENDED PRE-BID MEETING 10 Points The bidder has attended the pre-bid meeting scheduled by the County to inform all bidders of the requirements for the project for which the contract will be awarded. This requirement may be waived only if the bidder certifies in writing prior to the pre-bid meeting that it was already informed as to those project requirements. Required Documentation: a) Attend pre-bid meeting and be listed on the attendance sheet; or b) Submit a letter prior to the pre-bid meeting either by fax to (925) 313-7299 or by mail to Contra Costa County General Services Department, Architectural Division, 1220 Morello Avenue, Suite 100, Martinez California 94553. 3 1 SUFFICIENT WORK IDENTIFIED FOR SUBCONTRACTORS 113 Points The bidder has identified, listed and selected specific work items in the project to be performed by sub-bidders/subcontractors in order to provide an opportunity for participation by MBEs, WBEs, OBEs, SBEs, and LBEs. Upon making this determination, the bidder subdivided the total contract work requirements into smaller portions or quantities to permit maximum active participation of MBEs, WBEs, OBEs, SBEs, and LBEs. Required Documentation: Proof of this must be demonstrated in either Indicator 4 or 5. 4 1 ADVERTISEMENT 19 Points Not less than ten (10) calendar days prior to bid opening, the bidder advertised for sub-bids from interested business enterprises in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media, specified by the County, such as the Daily Construction Service, the Daily Pacific Builder, or the Small Business Exchange. Required Documentation: A copy of the advertisement and a proof of publication statement or other verification which confirms the date the advertisement was published. Note: The advertisement must be specific to the project, not generic, and may not be a plan holder advertisement provided by the publication. It should include the County project name, name of bidder, areas of work available for subcontracting, and a contact person's name and telephone number, information on the availability of plans and specifications and the bidder's \\Gsd_fsIWolapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 6 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance. Consideration will be given to the wording of the advertisement to ensure that it did not exclude or seriously limit the number of potential respondents. 5 1 WRITTEN NOTICES TO SUBCONTRACTORS 10 Points The bidder has provided written notice of its interest in receiving sub-bids on the contract to those subcontractors, suppliers, manufacturers, and truckers, including MBEs, WBEs, OBEs, SBEs, and LBEs having an interest in participation in the selected work items. All notices of interest shall be provided not less than ten (10) calendar days prior to the date the bids are required to be submitted. Required Documentation: A copy of each letter sent to available MBEs, WBEs, OBEs, SBEs, and LBEs for each item of work to be performed. If there is only one master notification, then a copy of the letter along with a listing of all recipients will suffice. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain: areas of work to be subcontracted; County project name; name of the bidder; contact person's name, address, and telephone number; information on the availability of plans and specifications; and the bidder's policy concerning assistance with bonds, lines of credit, and insurance. Note: This written notice can be used to satisfy Indicators 3, 7, and 10. CERTIFICATION AGENCIES (Bidders should contact the agencies listed in Paragraph D.1 above to obtain current copies of MBE/WBE directories for listings of certified MBE/WBE firms.) 6 1 FOLLOW-UP ON INITIAL SOLICITATION 10 Points The bidder has documented efforts to follow-up initial solicitations made in Indicator #5 by contacting the MBEs, WBEs, OBEs, LBEs, and SBEs to determine with certainty whether said businesses were interested in performing specific portions of the project work, to answer any questions from them, to record any telephone quotes, and to confirm/record the business' interest in bidding on the project. Required Documentation: A copy of telephone logs. These logs must include the name of the company called, telephone number, contact person, who did the calling, time, date, and the result of the conversation. Bidder must follow-up with all subcontractors to whom they sent letters. 7 PLANS, SPECIFICATIONS AND REQUIREMENTS 5 Points The bidder has provided interested sub-bid enterprises with information about the plans, specifications, and requirements for the selected sub-bid/subcontracting work. Required Documentation: Include in Indicator 4 or 5, information detailing how, where, and when the bidder will make the required information available to.interested subcontractors. \\Gsd_fsIWolapp\TEMPLATE\ARCH\13oiler Plates\Division E 8-0O.doc (Rev.7/12/00) DIVISION E - 7 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 8 1 CONTACTED RECRUITMENT/PLACEMENT ORGANIZATIONS 10 Points The bidder has requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs, OBEs, SBEs, and LBEs not less than fifteen (15) calendar days prior to the submission of bids. Any organizations which have been contacted must be listed in the required documentation. Required Documentation: A copy of each letter sent to outreach agencies requesting assistance in recruiting MBEs, WBEs, OBEs, SBEs, and LBEs. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain areas of work to be subcontracted, County project name, name of the bidder, and contact person's name, address, and telephone number. 9 1 NEGOTIATE IN GOOD FAITH 126 Points The bidder has negotiated in good faith with interested MBEs, WBEs, OBEs, SBEs, and LBEs and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any enterprise, as determined by the County. Required Documentation: a) Copies of all MBE/WBE/OBE/SBE/LBE bids or quotes received; and b) Summary sheet organized by work area, listing the bids received, the name of the company that submitted the bid, the dollar amount of the bid and the subcontractor selected for that work area. If the bidder elects to perform a listed work area with its own forces, they must include a bid that shows their own costs for the work. 10 1 BOND, LINES OF CREDIT, AND INSURANCE ASSISTANCE 7 Points The bidder has documented efforts to advise and assist interested MBEs, WBEs, OBEs, SBEs, and LBEs in obtaining bonds, lines of credit, and insurance required by the County or contractor. Required Documentation: Include in Indicator 4 or 5, information about the bidders's efforts to assist with bonds, lines of credit, and insurance. No later than three (3) working days following bid opening, the bidders shall submit completed good faith effort documentation to the County. In its review of the good faith effort documentation, the County may request additional information to validate and/or clarify that the good faith effort submission was adequate. Such information shall be submitted promptly upon request by the County. For MBE/WBE firms to be used on the project, the bidder shall submit, within three (3) working days after bid opening, a completed "Letter of Intent" form for each such firm (see sample form at end of Division E). Use of the form will verify the amount of work each MBE/WBE subcontractor, supplier, manufacturer, or trucker intends to perform. The form \\Gsd_fs I Wolapp\TEMPLATMARMBoiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 8 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater shall be signed by the MBE/WBE subcontractor, supplier, manufacturer, or trucker identifying the item(s) of work to be performed and the actual dollar value to be received. F. Award of Contract The Board reserves the right to reject any and all bids. The award of a contract will be to the lowest responsive, responsible bidder whose proposal complies with all requirements prescribed herein. This includes compliance with the required Outreach Program. A positive and adequate demonstration to the satisfaction of the Board of Supervisors that a good faith effort to include MBE/WBE/OBE/SBE/LBE subcontractors' participation was made is a condition for eligibility for award of the contract. In the event that the Board considers awarding away from the apparent low bidder because of the bidder's failure to supply adequate good faith effort documentation, the County shall afford the bidder an opportunity to present further evidence prior to award of contract. The Board specifically reserves the right, in its sole discretion, to waive any of the time requirements set forth in this Division E and to waive any other irregularities relating to compliance with the County's Outreach Program. G. Subcontractor Substitution 1 In addition to the requirements set forth in the provisions pertaining to the listing of subcontractors the following shall apply for the purpose of this program: 1. Substitution During Construction: The contract award requires that the level of all subcontractor participation shall be maintained throughout the duration of the contract. a. The Contractor shall request advance approval for all substitutions of bid-listed subcontractors. b. The request shall be in writing and submitted to the County. The request shall give the reason for the substitution, the name of the subcontractor, supplier, trucker, or manufacturer, and the name of the replacement. 2. MBE/WBE Sub-bidder/Subcontractor Substitution: The County requires that whenever the Contractor seeks to substitute a bid-listed MBE/WBE subcontractor, supplier, manufacturer, or trucker, the Contractor must make a good faith effort to replace the MBE/WBE with a firm of the same certification status (i.e., MBE for MBE and WBE for WBE). a. The Contractor shall call at lease two (2) certified MBE or WBE sub-bid prospects from each trade for which sub-bid/subcontracting work is available and document the following for submittal: \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 9 -- - - products in stock, it it owns or operates aistnnution equipment. -- — — -- 4. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or suppliers obtained by the contractor. \\Gsd_fsIWolapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-00.doc (Rev.7/12/00) DIVISION E - l l ■ DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater PROPOSAL All good faith effort documentation must be submitted with the bid or within three (3) working days following the bid opening. Failure to submit the required good faith effort documentation within three (3) working days following the bid opening may render the bid non-responsive. The County anticipated levels of MBE Participation: 14% WBE Participation: 6% The bidder is required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting Minimum (MSM) 4% Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-0O.doc (Rev.7/12/00) DIVISION E - 13 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 3. AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall pay special attention to Division F General Conditions, Section 36 Equal Employment Opportunity and Labor Code Section 1735 and these special provisions. A. Employment Goals 1. On projects of $1,000,000 or more it shall be the goal of each contractor and subcontractor to ensure that the overall minority composition of all persons employed specifically for the purpose of completing this contract shall reflect the overall minority composition of the labor force of Contra Costa County (25.7%) and 6.9% of the labor force for women employed specifically for the purpose of completing this contract. This requirement does not apply to current employees used on this contract. 2. The contractor shall make a maximum effort to achieve this employment goal within each trade by ensuring that the percentage of total hours worked within each trade by persons who are members of minority groups and women are in proportion to the overall minority composition of the Contra Costa County labor force population. 3. The goals shall apply to the contractor and all subcontractors regardless of how they are selected. B. Specific Affirmative Action Steps 1. No contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its goals. The Contractor and subcontractor shall be given the opportunity to demonstrate that they have instituted these Specific Affirmative Action Steps and have made every "good faith effort" to make these steps work toward the attainment of the above employment goals. The contractor shall inform its subcontractors of their respective obligations under the terms and requirements of these special provisions. 2. The Contractor's and subcontractors' Affirmative Action Program must include specific affirmative action steps to increase minority and women utilization. Any contractor who fails to meet the employment goals outlined in Paragraph A "Employment Goals", above, must demonstrate to the satisfaction of the Contract Compliance Officer that a "good faith effort" was made to meet these goals. This effort must be at least as extensive and specific as the following: a) The Contractor shall notify the union (hiring hall) in writing that the employment goal of this project is not being met, and the Contractor shall solicit the union's assistance in meeting the specified goals. \\Gsd_fsIWolapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev.7/12/00) DIVISION E - 14 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater b) The Contractor shall make specific and continuing personal recruitment efforts, both written and oral, directed at minority, female and community organizations, schools with minority and female students, minority and female recruitment organizations, and minority and female training organizations within the greater San Francisco Bay Area. c) The Contractor shall notify the Contract Compliance Officer whenever the union or unions with whom the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or female in response to a request sent by the Contractor to the union or whenever the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet the specified employment goals. d) The Contractor shall actively participate as an individual or through an association in joint apprenticeship programs, and the Contractor shall, where reasonable, develop on-the-job training opportunities and programs which expressly include minorities and females. e) The Contractor shall solicit and sponsor members of minority groups and females for pre-apprenticeship training. f) The Contractor shall demonstrate an effort to cooperate with the unions with which the Contractor has agreements in the development of programs to assure qualified members or minority groups and females of equal opportunity in employment in the construction trades. g) The Contractor shall maintain a file of the names, addresses and telephone numbers of minority and female workers referred to said Contractor, what actions were taken with respect to each referred worker, and if the worker was not employed, the reasons why. For each such worker not employed by the Contractor, the Contractor's file shall document the reasons. h) The Contractor shall establish and maintain a current list of minority and female recruitment sources, and shall notify community organizations that the Contractor has employment opportunities available, and shall maintain the records of organizations' responses. The Contractor shall make a specific effort to encourage its current employees to recruit any qualified minority and female workers. i) The Contractor shall disseminate an Equal Employment Opportunity (EEO) policy within the Contractor's own organization by including it in any policy manual and collective bargaining agreement; by publicizing it in company newspapers and annual reports; by conducting staff and employee representative meetings to explain and discuss policy; by posting of the policy; and by specific review of the policy with minority and female employees. \\Gsd_fsIWolapp\TEMPLATE\ARCMBoiler Plates\Division E 8-OO.doc (Rcv. 7/12/00) DIVISION E - 15 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater J) The Contractor shall disseminate an EEO policy externally by providing notice of the policy to the unions and training programs and requesting their cooperation in assisting the Contractor in meeting EEO obligations; by informing and discussing it with all recruitment sources; by advertising in the news media, specifically including minority and female news media; by notifying and discussing it with all subcontractors and suppliers. k) The Contractor shall ensure that all facilities and company activities are nonsegregated. If necessary, changing facilities shall be provided to assure privacy between the sexes. 1) The Contractor shall conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage such employees to seek or to prepare for, through appropriate training, etc., such opportunities. m) The Contractor shall review, at least annually, the company's EEO policy. Upon request by the Contract Compliance Officer, the Contractor shall provide copies of documentation that a "good faith effort" was made. C. Reporting Requirements The provisions in Division F General Conditions, Section 36 Equal Employment Opportunity and Labor Code Section 1735 are amended as follows: Each employee shall be identified as to minority or non-minority status and as to gender status on a form acceptable to the Contract Compliance Officer. Forms shall be submitted weekly to the Contract Compliance Officer. When payroll records are required, this information may be included on certified payroll records using California Department of Industrial Relations Public Works Payroll Reporting Form A-1-131. D. Enforcement The Contract Compliance Office will review Contractor's and subcontractor's "project" employment practices during the performance of the work. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-0O.doc (Rev.7/12/00) DIVISION E - 16 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 1. Determination of Noncompliance: If the Contract Compliance Officer determines that there is an apparent violation of any substantial requirements of these "Affirmative Action and Equal Employment Opportunity" special provisions, Division F General Conditions, Section 36 Equal Employment Opportunity or Labor Code Section 1735 by the Contractor or one of its subcontractors, the Contract Compliance Officer will hold a meeting with the Contractor, and its subcontractor (if applicable), for the purpose of determining whether the Contractor is indeed out of compliance. If after the meeting the Contract Compliance Officer finds the Contractor out of compliance, the Contractor will be notified of its appeal rights to the County Administrator. In the event that the Contractor disagrees with the County Administrator's determination, the Contractor may appeal, in writing, to the Board of Supervisors. If the Board of Supervisors concurs that there has been a violation, the Contract Compliance Officer will notify the Contractor in writing of the sanctions to be imposed. In addition, the Contra Costa County Board of Supervisors will deem a finding of willful violation of the California Fair Employment Act by the Fair Employment Practices Commission to be a violation by the Contractor of the nondiscrimination requirements of this project, and such violation shall be subject to the sanctions provided herein. The same shall apply to violations of the Equal Employment Opportunity Commission regulation and other state and federal compliance agencies. Any sanctions imposed by the County for such violations shall be in addition to any sanctions or penalties imposed by the regulatory agencies or commissions. 2. Sanctions: A finding at the public hearing that there has been a violation of the Affirmative Action and Equal Employment Opportunity requirements of this project shall be cause for the Board of Supervisors to impose any or all of the following sanctions: a) Withhold an additional (10%) of all further contract progress payments until the Contractor provides evidence satisfactory to the Board of Supervisors that the condition of noncompliance has been corrected. b) Suspend the contract until such time as the Contractor provides evidence satisfactory to the Board of Supervisors that the condition of noncompliance has been corrected. All expenses, including liquidated damages shall be paid by the Contractor for any resultant delays. c) Cancel the contract and collect appropriate damages from the Contractor. d) Declaration that the Contractor is non-responsible and is ineligible to make bids on future County contracts until the Contractor can demonstrate to the satisfaction of the Board of Supervisors that the violation has been corrected. DS:GB:ls \\Gsd fsl\volapp\TEMPLATE\ARCH\Boilcr Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 17 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (925)335-1045 Fax (925) 646-1353 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER Name of Prime Contractor Name of Project Project Number The undersigned is a(check one): Sole proprietorship Corporation Limited Liability Partnership Joint Venture Check the following which may apply. 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 _None of the Above Apply The undersigned is prepared to perform the following described work in connection with the above project(specify in detail the particular work items or parts thereof to be performed): Total Amount Bid to Prime Contractor: $ Signature Position Title Date Name of Person Completing this Form Company Name Phone Number Fax Number \\Gsd fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 18 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (925) 335-1045 Fax(925) 646-1353 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT 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 Limited Liability Partnership Joint Venture 5. Check the following which may apply. MBE WBE SBE LBE Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor Supplier _ Supplier _ Supplier _ Supplier _ Manufacturer _ Manufacturer _ Manufacturer Manufacturer _ Trucker _ Trucker _ Trucker — Trucker Sub Consultant _ Sub Consultant _ Sub Consultant _ Sub Consultant _ Other _ Other _ Other _ Other Describe Describe Describe Describe _None of the Above Apply 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 or Consultant: $ 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 L ) FAX Number \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division E 8-OO.doc (Rev. 7/12/00) DIVISION E - 19 Contra Costa County Fire Protection District Central Division 2001/2002/2003 CONTRACT DOCUMENTS FOR EXTERIOR FIRE HAZARD CONTROL by DISCING, TRACTOR DRAWN MOWING AND DOZING CONTRACT DOCUMENTS NOTICE TO CONTRACTOR ABATEMENT SPECIFICATIONS BID PROPOSAL ABATEMENT CONTRACT APPENDIX 1: WORKERS COMPENSATION LIABILITY APPENDIX 2: PERFORMANCE BOND APPENDIX 3: PAYMENT BOND TAFORMSMEEDSMACCD-R NOTICE TO CON'T'RACTORS 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, (hereinafter"District"), that Clerk of said Board will receive bids for the abating of weeds, rubbish and other fire hazard conditions within the Central Division of the Contra Costa County Fire Protection District boundaries and under its jurisdiction. The term of this contract shall commence on the date the contract is executed on behalf of the Fire District and shall terminate December 31, 2003. The Central Division of the Contra Costa County Fire Protection District, consists 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 July 10,200], at 11:00 a. 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. 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 TAFORMSUEEDSMACCD-R D - 1 bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and incorporated herein by reference thereto, the same as if set forth in full herein. For any classification not included in the list, the minimum wage shall be the general prevailing rate for Contra Costa County. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. By Order of the Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Fire Protection District, Central Division. John Sweeten, Clerk of the Board of Supervisors and County Administrator By: Deputy Publication Dates: (Pub. Contract Section 20812) TAFORMS\WEEDS\WACCD-R D - 2 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, 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 allegedly 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 DISTRICT, 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. TAFORMSMEEDSMACCD-R 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"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. TAFORMSMEEDSMACCD-R D - 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 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. TAFORMSMEEDSMACCD-R D - 5 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. 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. 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. TAFORMSMEEDSMACCD-R 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. Tractor Drawn Mowing d. Dozing 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. 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. Dozing - May be used to level mounds of dirt prior to discing or rotovating or to clear large areas of debris. 6. Rubbish and/or Other Combustible Debris - Shall be completely removed when so ordered and disposed of at a proper site. 7. Various Other Methods - Various other methods of correction and abatement as directed in the Orders issued. TAFORMSMEEDSMACCD-R D - 7 SECTION F EQUIPMENT REQUIREMENTS The equipment required by this abatement specifications document must be available for use at all times during the term of this 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. 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. C. 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. d. 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-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. TAFORMSMEEDSMACCD-R D - 8 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. TAFORMSMEEDSMACCD-R D - 9 Contra Costa County Fire Protection District Central Division BID PROPOSAL FOR EXTERIOR FIRE HAZARD CONTROL By DISCING, TRACTOR DRAWN MOWING AND DOZING 2001/2002/2003 ABATEMENT CONTRACT For the performance of exterior fire hazard abatement work in the Contra Costa County Fire Protection District, 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. CONTRACTOR(General): AUTHORIZED SIGNATURE: DATE: NOT VALID UNLESS RETURNED WITH COMPLETED PAGES D-11 THROUGH D-15 OF THE BID PROPOSAL. TAFORMS\WEEDS\WACCD-R D - 10 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,hnze 21, 2001, at 3:00 p.m. and Jame 19, 2001 , at 9:30 a.m. TAFORMSMEEDSMACCD-R D - 11 BID PROPOSAL TRACTOR DRAWN MOWING ��� .'�,i r�,l`�{ �� ,' r � ...5;.�.. . '�•1,,grfi ;1� t $Q �"' lt+ '�t ,3 S i � zv. '-7"'f�.41'ti 3 •^ .'i:ta�c'' £dv:}}Y' J' r . � ,n: �"c4 .32%a. "dW'7:I,i V�ii �t�'�i %. 4� a „.� ��}s'� ••'+� - ad:.',+"s fiY . F 0 - 11,000 Sq. Ft. 2 Parcels Ea. 11,001 - 22,000 Sq. Ft. 2 Parcels Ea. 22,001 - 33,000 Sq. Ft 2 Parcels Ea. 33,001 -43,560 Sq. Ft. 2 Parcels Ea. More Than 1 Acre 4 Acres Per Acre Hourly 16 Hours Per Hour RUBBISH REMOVAL BY TRACTOR '>;. rc ,I,sX'%s1'�r. ..y.'iL ,'tinh.,:P',y,,• i.•.¢.!:Svice:a- �. �• �f,' ?y3£ ye'>.. Loader, Dump Truck & Operator 1 Hour Per Hour Per Cubic Yard 1 Cu. Yd. Ea. Cu. Yd. COMPENSATION SHALL BE MADE FOR ON SITE WORK ONLY,NOT FOR TRAVEL& DUMP TIME DOZING tb`k... *4..,:+2� .•'S�Lig .�r.'9?ft�i� � „.�"::te, ?,� ..»�• ..0 ",.�t 5,�'�•x',���; �' �'"� OLIN. •A;.:�.,�a% T. :�T��D'.�,��'�_��"�_. UNTI'z;�` P', C<s• ,� ;�"�, .CE�� �, s a�.....aw�t''yryr, r a..3tt.J^»b.it> f< a:'�.83 :T. s: ',',G' :7.5#.�;F'•rp'tY'_. Angle Dozer& Operator 1 Hour Per Hour DISCING .3' •�Y. r.lj':Y. .e€ C'.,:!::>g.-,.,. ..s •rtiti».Tl ra 11. ro .vad. JV�EI�tyfl:y:�•,�',^'V...'�•>'rt''�.'1,kin,:t;e.rr'$.� _ Sr'iif'.T;�fS(,:4:.}si�fs7T.�<,.YE�'Via<,.;��,P`P"=}C.:k$y.s.i,`nEa l ,;. , :�leS�.a4' d.`....k? :. '' :>A•'„':�.:Y`.� ...;5 LC,::,'.:ti.(:;•.'::•.:.:: Yy'E'`' yt,''.�i� F.I:i.;�,`..(:�a.);,811^2.'A ).i:�J(1�:3!. .n 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 - 10 Acres 1 Acre Per Acre More than 10 Acres 1 Acre Per Acre Hourly 40 Hours Per Hour TOTAL COMPOSITE BID S 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. 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. TAFORMSMEEDSMACCD-R D - 12 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. 4'�t. ,�,�� _.?,o. 1'.yi:,�.Mr:i.Yl���"��t':�* .q:. r.u::•::.;'S°�i63 `s"...,. ...�,: :!Y?:�::e1.;`;?•:.r:" :.�9.;v;' 'ay,. �. {��y ,�.Pr...:::.r.:_. y .°,1•:'w•.r, .7.�. „b,r.:'7�• � �:Y•>.. `•k". .;Vii:`<�.{:.;.�.. �f�:�R•::7.iF' S .. .."F':. f L,. ¢,.. .�a.� Y,. � °..tet,. 'Y .4.• 5 "F ^9'";,�Y>` ..s. � 6t �'','•. '.y::+r�'Yr�r'�`�"'i..;:1:::M��. ,.G,r. .�.r'i..w. - a ::Vy r;:'' =py+. ;?,y.�; �! � YL..ir ':?V' ��•:�.C' "DG'rt�33��W� .k .l�t�:?'� '• -Y •." ,. .S•1.G' �Y'' ^tf'N'� �" `- �•+ 4 � �® �C® �TR;AC���TNG:, 'Alx� ''• � �`�Tj'NT�y��. 3 .t k`t„';4�' n .�., .t.•'..:/: •.�":<.k .�j. ':t' `;.c .a: `'�:t'.;F'1.,A,.•.,(� :.yx:4., ';• 'O:, �°i�4�.5� �.}�nil,:��F?fiTY.2•RN�2: i.t. ' .'t 4'#' •..�,5»a:v�..�+b.,;'�.e•::..:^•,::�t�s 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. t. .!• ,i 1 Y :. 4.;a,,y.:x .1{.. ��,� .,k � h; � ��9� 'SE i a�. M: ,.n��,,t�• !� K' ''Lr�.>Y.¢J���..1�'z+��' 7 h��w,.��3.. ��� •°;�1� t! J��i,S.:i.. Sl'� ;..y : �+ °rp `<afR�� 'k •.%�i :Yo.$';''i.«p,�`;i...;”. .r' M'. :S �>y.K'M,(. !) [�� �t' yA 'Pi. `^% Y .1 '��'?'� ..:$':�:� q.1�' .:•Y�:tR�',r�6:�a,7f;> �:�. "v`.9 Y .Y ��SK^i:• ,Yr f .S;i� � ;1s.�>� 'n+• ,^...';� C�'• x:+x, •� s:<:.X, • '.i> .>s y.%i'i J»N �? 'lllc+'�'. •'.C��..>.•�:..'��w:. � }>n� i:fi J� a!n .YY:!.fa,65.i. �+•i::'+�tiai+'Y:'"...�il:lf :.n : dY:. 3. CONTRACTOR'S BUSINESS OFFICE Address: Telephone: T:\FORMS\WEEDS\WACCD-R D - 13 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: T:\FORMS\WEEDS\WACCD-R D - 14 2001/2002/2003 ABATEMENT CONTRACT CENTRAL DIVISION FOR EXTERIOR FIRE HAZARD CONTROL By DISCING, TRACTOR DRAWN MOWING AND DOZING 1. SPECIAL TERMS: These special terms are incorporated below by reference. A. PARTIES: Contra Costa County Fire Protection District, hereinafter referred to as "Fire District" or "District", (Contractor) B. EFFECTIVE DATE: (See 3A for starting date). C. THE WORK.- The ORK: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. CONTR4CT 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. TAFORMSMEEDSMACCD-R D - 15 (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: SILVANO MARCHESI COUNTY COUNSEL BY: 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, 2003. 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, 2001 or October 1, 2002. 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, 2000, shall be taken as the "Base Index" for the purpose of computation. On January 1, 2001 and again on January 1, 2002, 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. TAFORMSMEEDSMACCD-R D - 16 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. TAFORMSMEEDSMACCD-R 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 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. TAFORMSMEEDSMACCD-R D - 18 12. LAWS APPLY (GENERAL): Both parties recognize the applicability of various federal, state and local laws and regulations, including Chapter 1 of Part 7 of the California Labor Code, Section 1720 et seq. and including Sections 1735, 1777.5 and 1777.6, and intend that this contract complies therewith. The parties stipulate that the relevant penalties and forfeitures provided in the Labor Code, including those contained in Sections 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract 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. TAFORMSMEEDSMACCD-R D - 19 16. APPRENTICES: Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6 (discrimination prohibited). 17. PREFERENCE FOR MATERIALS: The Fire District desires to promote the industries and economy of Contra Costa County and the contractor therefore promises to use the products, workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT: This agreement binds the heirs, successors, assigns and representatives of the contractor; but he/she cannot assign it in whole or in part, nor any 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), 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. TAFORMSUEEDSMACCD-R D - 20 APPENDIX 1 CONTRACT: CONTRACTOR: CERTIFICATION BY CONTRACTOR(LABOR CODE, SECTION 1861) TO CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I certify under penalty of perjury that the foregoing is true and correct. DATE: at: , CA CONTRACTOR BY: (Designate official capacity in business) BY: (Designate official capacity in business) TAFORMSMEEDSMACCM 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, , 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 , 20 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TAFORMSMEEDSMACCD-R D -22 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 , 20 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) TAFORMS\WEEDS\WACCD-R D - 23