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HomeMy WebLinkAboutMINUTES - 07172001 - C.158 C . IST THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 17, 2001, by the following vote: AYES: SUPERVISOR GIOIA, GERBER, DeSAULNIER, GLOVER, and UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Award of 2001/2002/2003 Contract for Exterior Fire Hazard Control by Discing, Tractor Drawn Mowing and Dozing (Central Division) Bidder Total Amount Bond Amounts Randy Bodhaine $18, 660. 00 Payment: P.O. Box 23366 $9,330. 00 Pleasant Hill, CA 94523 Performance: $9,330. 00 H&N Enterprises Pleasanton, CA The above-captioned project and the contract documents therefor having been previously approved, and bids having been duly invited and received by the Fire Chief on July 10, 2001; and The bidder listed first above, Randy Bodhaine ("Bodhaine") , having submitted the lowest responsive and responsible bid, which is $3,740. 00 less than the next lowest bid; and The Board having evaluated all of the documentation of good faith effort by Bodhaine to comply with the requirements of the County's Outreach Program; and The Fire Chief recommending that the project is necessary for the immediate abatement of weeds, rubbish and other fire hazard conditions within the County, and further recommending that the bid submitted by Bodhaine is the lowest responsive and responsible bid, and this Board concurring and so finding; NOW, THEREFORE, the Board finds, determines and orders as follows: The Board DETERMINES that Bodhaine, as the lowest responsive and responsible bidder, has documented an adequate good faith effort, pursuant to the specifications for this project, to comply with the requirements of the County's Outreach Program, and the Board WAIVES any irregularities in such compliance, and FURTHER DETERMINES that Bodhaine has complied with the Mandatory Subcontracting Minimum ("MSM") requirement, and the Board FURTHER WAIVES any irregularities in such compliance; and The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Bodhaine at the listed amount and at the unit prices submitted in said bid, and that said contractor shall present two good and sufficient surety bonds as indicated above, and that the Fire Chief shall prepare the contract therefor; and The Board FURTHER ORDERS that after the contractor has signed the contract and returned it, together with the bonds as noted above and any required certificates of insurance or other required documents, and AWARD OF 2001/2002/2003 CONTRACT FOR JULY 17, 2001 EXTERIOR FIRE HAZARD CONTROL BY DISCING, TRACTOR DRAWN MOWING AND DOZING; CENTRAL DIVISION the Fire Chief has reviewed and found them to be sufficient, the Fire Chief is authorized to sign the contract for this Board; and The Board FURTHER ORDERS that, in accordance with the project specifications and/or upon signature of the contract by the Fire Chief, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned; and The Board FURTHER ORDERS that the Fire Chief or his designee is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Public Contract Code Section 22300; and Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public Contract Code Sections 4107 and 4110 to the Fire Chief or his designee; and The Board DECLARES that, should the award of the contract to Bodhaine be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing herein shall prevent the Board from reawarding the contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the contract or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107) . Contact: Robert L. Davis (925) 930-5522 Orig. Dept: CCC Fire Protection Dist. I HEREBY CERTIFY THAT THIS IS cc: A TRUE AND CORRECT COPY OF AN County Counsel ACTION TAKEN AND ENTERED ON Auditor-Controller THE MINUTES OF THE BOARD OF Contractor SUPERVISORS ON THE DATE SHOWN (Via Fire Protect. Div. ) Surety (Via Fire Protect. Div. ) ATTESTED: CLERK OF E B RD BY -2- .......... ........ ..... .... .. ......... .... ..... ... ........... ... .. ................. ..... .......................... ............................... ............................... ............................... ..... ..... ........ ..... . . ................................ ...... .............................. .... ..... ...... ....... .... ................................................ ... ................ ................................................... ..::::::::::::::::::::::::::::::::: :.:::::::::::: . . .............................. .... ............................ ...... ....... ......................... . ............................................: ..... ................. ... ............ ............ ......... .................. . . .... .. .... oun . o ontra Costa C ty : . .:: . `.` OFFICE:OF:THE COUNTY::ADMINISTRATOR ............................... .................. ... ............. ............................................................... ................ .................... .... .. ... . ........ .... .. .... ... . ...... ..... ...... .. .. ... .... .. .. .... ............ ....................................... ....... ................ .............. ................... ...................... .. .............. ........ ... ............ ..... ...................... .................................................. .......................... ........................ .. ... .............................................. ................... ........................................................................... ............................................................................................................... ................................ ................................................ ........................................................................................................................................................................................................................ DATE: July 12, 2001 TO: Board of Supervisors FROM: Emma Kuevor Affirmative Action Officer SUBJECT: 2001/2002/2003 Abatement Contract Discing,Tractor Drawn Mowing,and Dozing Central Division for Contra Costa County Fire Protection District Attached for your review and consideration is the documentation of good faith effort submitted by the low bidder, Randy Bodhaine. CC'. Scott Tandy, Chief Assistant County Administrator Silvano Marchesi, County Counsel Keith Richter, Chief Contra Costa Fire Protection District a:bdltra batementce ntra Isbe 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: �O PLACE OF RESIDENCE: , 02 C� 00,r Ia., y' F ow 9 5 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 o Pag�eof this proposal at a total bid amount of: (TOTAL AMOUNT OF COMPOSITE BID FROM THE BID P OPOSAL) >p f Dollars $ If [P6 D C/o 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): c ' AUTHORIZED SIGNATURE: DATE: NOT VALID UN SS ATURNED WITH COMPLETED PAGES D-11 THROUGH D-15 OF THE BID PROPOSAL. T:\FORMS\WEEDS\WACCD-R D - 10 BID PROPOSAL TRACTOR DRAWN MOWING 0 - 11,000 Sq. Ft. 2 Parcels Ea. luso 11,001 - 22,000 Sq. Ft. 2 Parcels Ea. 75-0 . 22,001 - 33,000 Sq. Ft 2 Parcels Ea. _Z/00, 800 . 33,001 - 43,560 Sq. Ft. 2 Parcels Ea. Z/S-O �60 More Than 1 Acre 4 Acres Per Acre 5z5-- J3 00 . Hourl 16 Hours Per Hour >o �• o�000 RUBBISH REMOVAL BY TRACTOR Loader, Dump Truck & Operator 1 Hour Per Hour /7,5--- 175. Per Cubic Yard 1 Cu. Yd. Ea. Cu. Yd. �• 0- COMPENSATION SHALL BE MADE FOR ON SITE WORK ONLY,NOT FOR TRAVEL&DUMP TIME DOZING , Angle Dozer& Operator 1 Hour Per Hour DISCING 0 - 11,000 Sq. Ft. 4 Parcels Ea. 11,001 - 22,000 Sq. Ft. 4 Parcels Ea. j 22,001 - 33,000 Sq. Ft. 4 Parcels Ea. 400, 00- 33,001 -43,560 Sq. Ft. 4 Parcels Ea. Z:150 More than 1 Acre - 10 Acres 1 Acre Per Acre `700•• #00- More than 10 Acres 1 Acre Per Acre Z716 0. 00 Hourly 40 Hours Per Hour /g5 - D 0 0©� TOTAL COMPOSITE BID S If) 0- 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: 50 years. b. List all weed abatement contracts you have had in the last five (S) years. Use additional page if necessary. /�� �- �oc�� ill•G r� 703 a ✓0 000. , ODed G(1r� • /,��c 039NI?ut el o06V"/ ��PSIIX&PeW-jl 04 1�04&41r- �d0j�doo cdo, 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. � filers rrrs 460114-1 Ica ,derA�- ra W/3, Cy6.5 ' 3. CONTRACTOR'S BUSINESS OFFICE Address: 27/6/'55 /J`5 Telephone: 7AFORMSMEEDSMACCDA 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: TAFORMSIWEEDS\WACCDA 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 ARTIES:Contra Costa County Fire Protection District, hereinafter referred to as "Fire District" or "District", (Contractor) )&Y/o t1- B. EFFECTIVEDATE: (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 IME: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 E. ,.v$ i YZ (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: �� Q O� NOTE TO CONTRACTOR: (1) Execute acknowledgment form below, and (2) if a corporation, signatures must conform to designated representative groups pursuant to Corporations Code Section 313. T:\FORMS\WEEDS\WACCD-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 MARCHER 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 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. T:\FORMS\WEEDSMACCDA D - 16 INSURANCE COMPANY OF THE WEST P.O. Box 81063 - San Diego, CA 92138 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS : That we, RANDY BODHAINE (Principal) ' and INSURANCE COMPANY OF THE WEST, a corporation organized under the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety, are held and firmly bound unto CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT (Hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF AMOUNT BID DOLLARS (10% OF AMOUNT BID) lawful money of the United States of America, for payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounded Principal as aforesaid, is about to hand in and submit to the Obligee a bid or proposal dated July 8, 2001 for Central Division - Exterior Fire Hazard Control by Discing, Tractor Drawn Mowing and Dozing in accordance with the plans and specifications filed in the office of the Obligee and under the notice inviting proposals therefor. NOW THEREFORE, if the bid or proposal of said Principal shall be accepted, and the contract for such work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter into a contract and bond .for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect . IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 29th day. of June, 2001 . RANDY BODHAINE BY: Princ ' al INS COMPANY OF THE WEST ZY: l Gary E . Richards Atty-in-Fact ICW CAL 120 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 1 State of CALIFORNIA County of FRESNO On &a before me N. GHILOTTI -Notary Public 1 NAME,TITLE OF OFFICER-E.G.-JANE DOE,NOTARY PUBLIC- Personally appeared Gary E. Richards ® personally known to me—OR— ❑ proved to me n the basis of satisfactory evidence 1 to be the persons(s) whose name(s) is/are 1 subscribed to the within instrument and 1 acknowledged to me that he/she/they executed the 1 same in his/her/their authorized capacity(ies), and 1 that by his/her/their signature(s) on the instrument 1 N•GHILOTTI the person(s), or the entity upon behalf of which the 1 . COMM.#1257232 -+ person(s) acted, executed and instrument. 1 NOTARY Pl1BUC•CAL(FORNW 1 FRESNO CO(AViY MY Comm,Expires March 18,2004 W ESS my hand and official seal 1 t SIGNATURE OF NOT *N --------------------------OPTIONAL-------------------------------------------- j � 1 Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent 1 fraudulent reattachment of this form. 1 � l CAPACITY CLAIMED BY,SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 ❑ INDIVIDUAL 1 ❑ CORPORATE OFFICER 1 1 TITLE(S) TITLE OR TYPE OF DOCUMENT 1 ❑ PARTNER(S) ❑ LIMITED ❑GENERAL 1 S 1 ❑ATTORNEY-IN-FACT 1 ❑ TRUSTEE(S) NUMBER OF PAGES �, ❑ GUARDIANICONSERVATOR 1 ❑ OTHER: DATE OF DOCUMENT 1 SIGNER IS REPRESENTING: 4 NAME OR PERSON(S)OR ENTITY(IES) ; 11 SIGNER(S)OTHER THAN NAMED ABOVE 1 1 No. 0002813 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint MAHLON BUCK,JAMES V.BUFFO,RUSSELL CRAVEN, SHELLEY GOEDERT AND GARY E.RICHARDS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. voq�qfINSURANCE COMPANY OF THE WEST eA EXPLORER INSURANCE COMPANY tgSEAL c INDEPENDENCE CASUALTY AND SURETY COMPANY A F" a r Opp Sk�eIN' �'I'1 ►,'� � ytt John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego } SS. On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. NORMA PORTER COMM.#1257540d 1, H NOTARY PUBIJC -CALIFORNIAFORNIA V My RCH SSANN DIEGO CO tdiY n Ccxnm+ssion Expires '' G MA19.2 004 Norma Porter,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and.effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force.t_. IN WITNESS WHEREOF,I have set my hand this —day of 4Z2NjR2tL John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-888-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached