County of Santa Cruz 0259

PARKS, OPEN SPACE & CULTURAL SERVICES

BARRY C. SAMUEL, DIRECTOR

979 17 th AVENUE, SANTA CRUZ, CA 95062

(831) 454-7900 FAX: (831) 454-7940 TDD: (831) 454-7978

October 2,200O

AGENDA: October 17,200O

BOARD OF SUPERVISORSCounty of Santa Cruz701 Ocean StreetSanta Cruz, CA 95060

SUBJECT: GREYHOUND ROCK RESTROOM

Dear Members of the Board:

On September 19,2000, your Board directed the Parks Department to return on or before this date withan agreement between Restroom Facilities Corporation and the County of Santa Cruz,.for the purchaseand installation of a pre-fabricated restroom building for Greyhound Rock.

The Parks Department has completed the contract negotiations with Restroom Facilities Corporationfor the purchase and installation of a pre-fabricated waterless restroom building for Greyhound Rock.The total cost for the “turn key” restroom building is $39,60 1, which includes the installation. Therestroom building is constructed under shop conditions and is shipped to the site fully constructed. Theonly work remaining at the site is the excavation and placement of the 2,000 gallon holding tank andthe footing preparation.

In consideration that the restroom building is a pre-fabricated unit and is fully constructed before it isshipped, Restroom Facilities Corporation requires a payment deposit in the amount of 80% of theconstruction cost of the building prior to shipping. In the case of the Greyhound Rock restroombuilding, the deposit will be $30,122.40. The remaining $9,178.60 will be released to RestroomFacilities Corporation following the installation of the restroom building and final acceptance by theCounty. Funding for the project is available and budgeted for FY 2000/2001 in account 191078/6610.

The Mission of the Santa Cruz County Department of Parks, Open Space and Cultural Services is to provide safe, well designedand maintainedparks and a wide varie@ of recreational and cultural opportunities for our diverse community

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It is therefore RECOMMENDED that your Board: 0 2 6 0

1. Approve the agreement with Restroom Facilities Corporation in the amount of $39,601and authorize the Director of the Department of Parks, Open Space & Cultural Services tosign the agreement on behalf of the County.

2. Authorize the County to pay Restroom Facilities Corporation a deposit in the amount of$30,122.40 prior to the shipment and installation of the restroom building.

3. Approve a project contingency fund in the amount of $3,930, and authorize the Director ofthe Department of Parks, Open Space and Cultural Services to sign change orders onbehalf of the County.

BS:bo

RECOMMENDED:

SUSAN A. MAURIELLOCounty Administrative Officer

Attachment: ADM 29, Contract

cc: Auditor-Controller, Office of the County Counsel, CAO, Restroom Facilities Corporation,POSCS, General Services

GREYHOUND RR CONTRACT BL

Mission of the Santa Cruz County Department of Parks, Open Space and Cultural Services is to provide safe, well designedand maintained parks and a wide variety of recreational and cultural opportunities for our diverse community

COUNTY OF SANTA CRUZ0 2 6 1

REQUEST FOR APPROVAL OF AGREEMENT

TO: Boar A of SupervisorsCounty Administrative Officer

County Counsel

Auditor-Controller

The Boar upervl sors Is

1.

2.

Said cgreement is between the County Of Santa Cruz (Agency)

and Zestroom Facilities Corp., 400 Western Road, Reno, Nevada 89506I- (Name & Address)

The agreement will provide construction and installation services for a pre-fabricated waterless

. . .restroom 3uWc for Grw Xock Coatal &xe.s.s.

3. The cgreement is needed. because the County cailr_ot provide the services

4.

5.

6.

Period of the agreement is from OctoScr- 1 7 , 2000 to June 30, 2001

39,601 43,531Anticipated cost is $XYX&BX plus $3,930 contingency= $&I&XXX (Fixed amount; Monthly rat Not to exceed)

43,531 CIl

Remarks:, The totz.1 cost of $~~~~XI includes a contingency fund in the amount of $.3+93.&

7. Apprc priations are budgeted in FY 2000/2001, i9iO7S (Index#)66 I a- (Subobject)

NOTE: IF APPROPRIATIONS ARE INSUFFICIENT, ATTACH COMPLETED FORM AUD-74

Appropri Itions 0areavailable and Contract No. co 0 22e7 Date

are not

Deputy.- =-+A _---

Proposal reviewed and approved. It is recommended that the Board of Supervisors approve the agreement and authorize theErector of County Parks to execute the same on behalf of the C o u n t y o f Ssnts CPUZ .-

(Agency).

Remarks:

(Analyst) B Y te

Agreement approved as to form. Date

Distribution:Bd. of Supv. - WhiteAuditor-Controller - BlueC0un.y Counsel - Green l

Co. P dmin. Officer - ConoryAudit>+Controller - PinkOrigiiroting Dept. - Goldenrod

‘To Orig. Dept. i f reiected.

4DM - 29 (6195)

State of Caljfornia 1County of Santa Cruz

SS)

I ex-officio Clerk of the Board of Supervisors of the County of Santa Cruz,State of California, do hereby certify that the foregoing request for approval of agreement w p d bysaid Board of Supervisors as recommended by the County Admmlstrative Officer by an ordad$lY teredin the minutes of said Board on County Administrative Officer

19 - BY Deputy Clerk

Contract No. 0262

INDEPENDENT CONTRACTOR AGREEMENT

THIS CONTRACT is entered into this- day of ,2000, by and betweenthe COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and RESTROOM FACILITIESCORPORATION, hereinafter called CONTRACTOR. The parties agree as follows:

1. DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following:Per Exhibit A Contractors proposed scope of work, provide County six (6) sets of civil-engineered shopdrawings of “turn-key” restroom for approval and permit purposes. Drawings must be wet stamped by afully registered California civil engineer. Once the Contractor has received one set of approved shopdrawing, Contractor shall construct, ship and install Restroom Facilities Corporation Model #940080restroom building to the designated location of Greyhound Rock coastal access Point locatedapproximately 16 miles north of Santa Cruz on Highway One. Contractor shall be responsible for theimmediate site work which includes site excavation for the holding tank(s), building foundation, andmiscellaneous site preparation for the installation of a “turn key” restroom facility. County shall obtainand pay for all permits required for plan approval and building installation, including any inspection andtesting costs associated with the project. Contractor shall provide County a Faithful PerformanceBond in the amount of 100% of the proposal.

2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result,COUNTY agrees to pay CONTRACTOR as follows: An amount not-to-exceed $36,556.00 for therestroom building, an amount not-to-exceed $1,600.00 for excavation and site preparation, an amountnot-to-exceed $1,445.00 for Performance Bond for a total not-to-exceed cost of $39,601.00 for the workdescribed above and as outlined in Exhibit A. However, COUNTY agrees to pay CONTRACTOR$30,122.40 prior to CONTRACTOR shipping the pre-fabricated restroom building to the project site.All request for payment shall be submitted to the County of Santa Cruz Department of Parks, OpenSpace, and Cultural Service, 979 Seventeenth Avenue, Santa Cruz, California 95062, and must beaccompanied by a detailed invoice in conjunction with the Department’s Application for Payment Form.Following the delivery of the restroom building to the project site, such requests for payments may besubmitted on a minimum interval of thirty (30) calendar days for work completed thereafter.

3. TERM. The term of this contract shall be until June 30, 200 1. However, theCONTRACTOR agrees to complete the construction services as described above and as outlined inExhibit A within sixty (60) calendar days from CONTRACTOR receiving the County approved set ofshop drawings.

This Agreement may be extended upon mutual agreement by both parties.

4. EARLY TERMINATION. Either party hereto may terminate this contract at anytimeby giving 30 days written notice to the other party.

5. ADDITIONAL SERVICES. If authorized by COUNTY, CONTRACTOR willprovide additional services (those provided beyond the basic services as described herein) which shall

be paid by a negotiated fee for such services. The additional services, if required, shall be authorizedthrough the issuance of a Construction Change Order.

6. INDEMNIFICATION FOR DAMAGES. TAXES AND CONTRIBUTIONS.NTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the

purpose of paragraphs 6 and 7 shall include, without limitation, its officers, agents, employees and

volunteers) from and against: 0263

A. Any and all claims, demands, losses, damages, defense costs, or liability of anykind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to ordeath of persons, or damage to property as a result of, arising out of, or in any manner connected withthe CONTRACTOR’S performance under the terms of this Agreement, excepting any liability arisingout of the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s),or property(ies) of CONTRACTOR and third persons.

B. Any and all Federal, State and Local taxes, charges, fees, or contributionsrequired to be paid with respect to CONTRACTOR and CONTRACTOR’S officers, employees andagents engaged in the performance of this Agreement (including, without limitation, unemploymentinsurance, social security and payroll tax withholding).

7. INSURANCE. CONTRACTOR at its sole cost and expense, for the full term of thisAgreement (and any extensions thereof), shall obtain and maintain at minimum compliance with all ofthe following insurance coverage(s) and requirements. Such insurance coverage shall be primarycoverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall beexcess of CONTRACTOR’S insurance coverage and shall not contribute to it.

If CONTRACTOR utilizes one or more subcontractors in the performance of thisAgreement, CONTRACTOR shall obtain and maintain Independent CONTRACTOR’S Insurance as toeach subcontractor or otherwise provide evidence of insurance coverage for each subcontractorequivalent to that required of CONTRACTOR in this Agreement, unless CONTRACTOR and COUNTYboth initial here I .

A. Types of Insurance and Minimum Limits

(1) Worker’s Compensation in the minimum statutorily required coverageamounts. This insurance coverage shall not be required if the CONTRACTOR has no employees andcertifies to this fact by initialing here

(2) Automobile Liability Insurance for each of CONTRACTOR’S vehiclesused in the performance of this Agreement, including owned, non-owned (e.g. owned byCONTRACTOR’S employees), leased or hired vehicles, in the minimum amount of $500,000 combinedsingle limit per occurrence for bodily injury and property damage. This insurance coverage shall not berequired if vehicle use by CONTRACTOR is not a material part of performance of this Agreement andCONTRACTOR and COUNTY both certify to this fact by initialing here I .

(3) Comprehensive or Commercial General Liability Insurance coverage inthe minimum amount of $l,OOO,OOO combined single limit, including coverage for: (a) bodily injury, (b)personal injury, c) broad form property damage, (d) contractual liability, and (e) cross-liability.

(4) Professional Liability Insurance in the minimum amount of $1 ,OOO,OOOcombined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY

I .B

B. Other Insurance Provisions

(1) If any insurance coverage required in this Agreement is provided on a“Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the requiredcoverage for a period of three (3) years after the expiration of this Agreement (hereinafter “postagreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post

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agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent

upon post agreement coverage being both available and reasonably affordabIe in relation to the coverageprovided during the term of this Agreement. For purposes of interpreting this requirement, a cost notexceeding 100% of the last annual policy premium during the term of this Agreement in order topurchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

(2) All required Automobile and Comprehensive or Commercial General LiabilityInsurance shall be endorsed to contained the following clause:

“The Cowuty of Santa Cruz, its officials, employees, agents and volunteersare added as an additional insurance as respects the operations and activities of, or on behalf of,the named insured performed under Agreement with the County of Santa Cruz.”

(3) A11 required insurance policies shall be endorsed to contain the following clause:“This insurance shall not be canceled until after thirty (30) days prior written

notice has been given to:

Department of Parks, Open Space and Cultural ServicesAttn: Bob Olson979 Seventeenth AvenueSanta Cruz, CA 95062

(4) CONTRACTOR agrees to provide its insurance broker(s) with a full copy ofthese insurance provisions and provide COUNTY on or before the effective date of this Agreement withCertificates of Insurance for ail required coverages. All Certificates of Insurance shall be delivered orsent to:

Department of Parks, Open Space and Cultural ServicesAttn: Bob Olson979 Seventeenth AvenueSanta Cruz, CA 95062

8. EOUAL EMPLOYMENT OPPORTUNITY. During and in relation to theperformance of this Agreement, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicantfor employment because of race, color, creed, religion, national origin, ancestry, disability, medicalcondition (cancer related and genetic characteristics), marital status, sex, sexual orientation, age (overI@, veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such actionshall include, but not be limited to, the following: recruitment; advertising; layoff or termination; rates ofpay or other forms of compensation; and selection for training (including apprenticeship), employment,upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available toemployees and applicants for employment, notice setting forth the provisions of this non-discriminationclause.

B. If this Agreement provides compensation in excess of $50,000 toCONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following

41requirements shall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements foremployees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receiveconsideration for employment without regard to race, color, creed, religion, nationa origin, ancestry,disability, medical condition (cancer related and genetic characteristics), marital status, sex, sexual

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orientation, age (over 1 S), veteran status, gender, pregnancy, or any other n&r-merit factor unrelated tojob duties. In addition, the CONTRACTOR Shall make a good faith effort to considerMinority/Women/Disabled Owned Business Enterprises in CONTRACTOR’S solicitation of goods andservices. Definitions for Minority/Women/Disabled Business Enterprises are available from theCOUNTY General Services Purchasing Division.

(2) The CONTRACTOR shall furnish COUNTY Equal EmploymentOpportunity Office information and reports in the prescribed reporting format (PER 40 12) identifyingthe sex, race, physical or mental disabihty, and job classification of its employees and the names, datesand methods of advertisement and direct solicitation efforts made to subcontract withMinority/Women/Disabled Business Enterprises.

(3) In the event of the CONTRACTOR’S non-compliance with the non-discrimination clauses of this Agreement or with any of the said rules, regulations, or orders saidCONTRACTOR may be declared ineligible for further agreements with the COUNTY.

(4) The CONTRACTOR shall cause the foregoing provisions of thisSubparagraph SB. To be inserted in all subcontracts for any work covered under this Agreement by asubcontractor compensated more than $50,000 and employing more than fifteen (15) employees,provided that the foregoing provisions shall not apply to contracts or subcontracts for standardcommercial supplies or raw materials.

9. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY havereviewed and considered the principal test and secondary factors beIow and agree that CONTRACTORis an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for allinsurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR isnot entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right tocontrol the manner and means of accomplishing the result contracted for herein.

PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to controlthe manner and means of accomplishing the result contracted for.

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SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTYmay exercise over the details of the work is sIight rather than substantial; (b) CONTRACTOR is engagedin a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usuallysubstantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies theinstrumentalities, tools and work place; (f) The length of time for which CONTRACTOR is engaged isof limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the jobrather than by the time; (h) The work is part of a special or permissive activity, program, or project,rather than part of the regular business of COUNTY; (I) CONTRACTOR and COUNTY believe they arecreating an independent contractor relationship rather than an employer-employee relationship; and 0)The COUNTY conducts public business.

It is recognized that it is not necessary that all secondary factors support creation of anindependent contractor relationship, but rather that overall there are significant secondary factors whichindicate that CONTRACTOR is an independent contractor.

By their signatures to this Agreement, each of the undersigned certifies that it is his orher considered judgement that the CONTRACTOR engaged under this Agreement is in fact anindependent contractor. 4

10. NON-ASSIGNMENT. CONTRACTOR shall not assign this Agreement without theprior written consent of the COUNTY.

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0266

Il. lpETE I O] CONTRACTOR shall retain recordspertinent to this Agreement for a period of not less than five (5) years after final payment under thisAgreement or until a final audit report is accepted by the COUNTY, whichever occurs first.CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Cruz CountyAuditor-Controller, the Auditor Genera1 of the State of CaIifomia, or the designee of either for a periodof five (5) years after final payment under this Agreement.

12. PRESENTATION OF CLAIMS. Presentation and processing of any or all claimsarising out of or related to this Agreement shall be made in accordance with the provisions contained inChapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.

13. ATTACHMENTS. This Agreement includes the following attachments:Exhibit A - Scope of Work Proposal From Restroom Facilities CorporationExhibit B - Performance BondExhibit C - Certificate of Worker’s Compensation InsuranceExhibit D - Certificate of General Liability InsuranceExhibit E - Certificate of Auto LiabilityExhibit F - Form W-9

IN WITNESS WHEREOF, the parties hereto have set their hands the day and year firstabove written.

COUNTY OF SANTA CRUZ

By:

APPROVED AS TO INSURANCE:

luraBmu*BK

c++-bO~~

APPROVED AS TO FORM:

By:

CONTRACTOR: RESTROOM FACILITIESCORPORATION

A

Address: 400 Western RoadCity/State: Reno, Nevada 89506Telephone: (800)447-6570Fax: (800)856-9369

DISTRIBUTION: County Administrative Office, Auditor-Controller, County Counsel, Risk Management,POSCS, Contractor

(GREYHOUND RESTROOM CONT.wpd )

400 Western #otsdRena, Nwada &SD6

Phone: (800) 447-6570 0 2 6 7

fax: (800) 656-9369

PROJECT NAME: Greyhound Rock RestorationOWNER: County of Santa CruzALIX)m?%% Santa Cruz, CaliforniaDATE: Septi?mber 26,200O

Restroom Facilities Co,-porslcion,rhc Nation’s largest specialized resuoom design/build firm($65 million since 1976) herewith offers to furnish and insrall, per bid documents, subject to ourStandard Terms and Con&tions @f Sde, and the Scope of W.&i attached hereto, which becomepm of our offer IO sell.

&3,/!5ED TURNKEY PWRCHASE PRICE

Spec, Section 02760, Custom Restrclom StructureItem Description 13,14 and 15Model #940080 $36,9X.00Excavation and Site Preparation 1,600.OOFer~mmance Bond L445.00

TOTAL ‘XViOKEY PURCHASE PRICE:

Per plans prepared by the County of Santa Cruz, dated 5-3-00 and Specifications prepared by theCounty of Sanca Cruz, dated 6-12-00. (as well as “resrroom building shall be by RestroomFacilities Corp., (800) 447-6570 or approved equaC and”)- by rhe County of Santa Cruz.

The cost includes freight andkmllation, but excludes applicable raxes. We require a purchaseorder/contract, u deposit before stibmirtal downem, a paymept upon delivery, and the balanceupon comple:ion, no retention. Thank you for considering ResuoomEncilities Corporarion asyour resvoomconstrucGon specialist for this projeor.

HQW WE WORKOnce we receive your purchase. order and dep.o.sit, we forward civil-engineered plans for yourapproval We provide the required number of our locally stamped engineered shop drawings so&XI cm obrftin Jacal- INding pen-&&s if applicnbh% You then re~um one signed set authorizingconsrrucdon and a delivery dare.

We begin in plannl building conslruction a& notify you, wLrh sufficient notice, of our finaldelivery date. This allows you time to do your part of the sire preparation timely.It is very importan rhx the owner understand G-M our costs -based upon ftist trackconsttucrion and;4har delays far in@.xrion or other decisions are an impediment to the success of

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Page 2. Vault to Ownerc

inspectors in accomplishing this end as we often travel great distances to perform our specializedfunction and a successfu1 project depends on cooperation.

Restroom Facilities will arrive on site fully equipped to install the building. Our specializedemployee install crew will be on site consecutive days until completion. We require signedapproval of our engineered shop drawings before fabrication and site construction.

OWNERS SCOPE OF WORK AND RESPONSlB1LtTlE5

.RESTROOM: FOR TWRNKEY PROJECT

A. Sub-grade Pad:Provide a level graded excavated dirt pad a& base of holding tank elevation allowing a 6-inch

space all around the tank prior to setting, Said pad shall be 90% compacted, suitable for 1000-PSI bearing. Grade balance of site under building footprint and compact to 95%.

B. Site Access and Storage:Provide suitable safe access to allow equipment trailer, crane and building on a semi-trailer

to reach site (14’ width, 65’ length, and 14’ in height.) If path to final site is over existing utilities,sidewalks, or other damageable items, you are responsible for proper marking and protection.

C. Site Clean Up and Debris Removal:OWNER shall provide an on-site trash bin for disposal of one pick up load of debris,

nominally. All excess soiIs shall be responsibility of Owner. All rough and final grading shallbe by Owner.

D. Special Conditions and Costs:If specifications by owner require any special on-site inspectors, site concrete testing, other

testing said cosls, if any shall be born by Owner.

E. Permits and Fees:Building permits and fees (when applicable) shall be by OWNER.

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RESTROOM FACILITIES, LTD, TURN KEY SCOPE ClF,,,k’$ORK

RESTRi9OM BUILDINCI DELIVERED WITH 1NTECflAL SLAB;

1. After receipt of purchase order, deposit, a site plan with utilities, and final finish selections, wewill complete ;-1 set of local engineer stamped architectura1 and engineering drawings suitable forfihng and obtaining a building permit from the local building authority (if applicable.) You needto advise us how many copies are required.

2. After receipt of the signed architectura1 drawings and a notice to proceed, we will beginconstruction of your building in accordance with the signed plans.

3. We wil1 provide adequate notice of shipment of the building to job site and continuecoordination between the delivery truck and your project manager to make sure the site is readyand the crane is not delayed.

4. Provi,de certified in plant inspection report, that in combination with local inspection by thelocal authority with open construction should be suitable for local building department approval.

5. Deliver and install building and vault per plans and specifications and “Scope of Work” above.

6. Time to complete: 30 days from receipt of approved drawings and notice to proceed.

7. Exclusions: Sidewalks, site tank excavation, backfill tank, grade site to subgrade, and siteissues beyond the control of Restroom Facilities, Ltd.

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STANDARD TERMS AND CONDITIONS OF SALEFOR

Greyhound Rock Restoration Date: August 17,200O

1. LINKAGE: These Terms and Conditions of Sale shall apply and form a part of the Company’s Offer LO Sell andsupersede aIl other expressed or implied terms and be linked to our Agreement for work whether or not signed by the Purchaser.

2. ACCEPTANCE: Unless otherwise expressly stated herein, the Company’s Offer supersedes all previous quotationsand expires, unless accepted by purchaser, wilhin thirty (30) days from date of Offer. None of the Terms and Conditionscontained in this quotation may be added to, modified, superseded or otherwise altered except hy a written instrument signed bythe President of the Company. Each shipment to buyer from the Company shal1 be deemed to be only under these Terms andConditions of Sale, which shall become part of our Offer to Sell, nntwithstanding any Terms and Conditions that may bccontained in any purchase order or other form of the buyer, notwithstanding the shipment. acceptance of payment or similar actof the Company. All Purchase Orders when accepted by the Company at 400-420 Western Road, Reno, Nevada 89506 will be inaccordance with the Laws of the State of Nevada. All orders are subject to review by the Company in accordance with theCompany’s Offer to Sell before i’lnal acceptance is authorized. All disputes shall bc governed by appIicablc Nevada Law and allclaims shall be filed and litigated in Washoe County, Nevada, with the prevailing party recovering attomcy’s fees.

3. PRICES: AI1 prices exclude sale, USC, occupational license, excise and other taxes in respect of manufacture sale USCor delivery all of which shall be paid by buyer unless a proper exemption certificate is furnished or unless listed in the Company’sFroposill which is attached hereto. If payment is not made by client in accordance with the Concracc Terms, interest will becharged at the rate of l-l/Z% (one and one/half percent) per month until paid. If an order is accepted by the Company, and adelivery date is accepted by the Client, and delivcly is delayed by the Client, payment of all but 10% is due upon completion atthe Point of Manufacture. A I-1/2% per monlh added fee shall be due for each month the shipment is delayed.

4. TITLE AND LIEN RIGHTS: All Products remain the personal property or the Company, whether or not affixedto any other real properly or struclure, until the price (including any notes given therefore) of the equipment has been fully paidin cash. The Company shall, in the event of the purchaser’s default, have the right to enter upon any premises and repossess suchstructures and equipment wherever it may be located.

5. PATENT INFRINGEMENT: If promptly notified and given an opportunity to do so with friendly assistance, theCompany will defend the buyer and the ultimate user of the equipment from any actual or alleged infringement of any publishedUnited States patent or the equipment or any par1 thereof furnished pursuant hereto (other than part of any special design,construction, or manufacture specified by and originating with the cuslomer), and will pay all damages and costs awarded by acompetent court in any suit thus defended or of which it shall have had notice and an opportunily to defend aforesaid.

6. LACHES: Failure or the Company to exercise any right or remedy under this contract shall not bc dccmcd a waiverof such right, nor shall any lien or other right of the Company be lost or impaired by lathes or in any manner or by any act orfailure to act.

7. LIMITATION OF LIABILITY: Under no circumstances, unless stated in our Offer 10 Sell or bid, shall theCompany have any liability for liquidated damages, for collateral, consequential special damages, loss of profits, loss ofproduction, delay in the progress of construction, whether, resulting from delays in delivery, performance, breach of warranty,c.laims of or negligent manuljcture or otherwise. The aggregate total liability of the Company under the contract, whether forbreach of warranty or otherwise shall in no cvenl exceed the contract price. Buyer agrees to indemnity and hold harmless theCompany from all claims by third parties which extend beyond the foregoing limitations on the Company’s liability.

8. DELIVERY: Except as may be otherwise specified in the attached Offer, deIivery will be F.O.B. point ofmanufacture. Time of delivery is an estimate only. The Company shall in no event be liable for delays caused by fires, acts OCGod, strikes, labor difficulties, acts of Government or military, delays in transportation or procurement of materials or causes ofany kind beyond the Company’s immediate control. If building is ready for shipment and Customer delays said shipment,Company shall store the facility at the point of manufacturing and charge I-l/ZYo (one and one/half percent) per month as ascurage charge.

9. WARRANTY: All Products produced by fhc company are warranied to the purchaser 10 hr free from defecfs inntaferial, workmanship and title. When the Company parficipafcs &a siiework inslullation or sitework supervision, the C&punywill replace or repair, ar ils options, defects in workmanship or any part which is proven defective within J%C years fromdelivery. When the Company does nob parficipule in sitework or sitework supervision, the Company will replace or repair, at itsoption, defects in workmanship or any part which is proven defecfivc’ within one yearfrorn delivery. This warranty applies onlywhere the Company has been norified in writing ojrhe defect wiKtr the wurranly period and where any equipttrent has been

P’, ly operaled and n~inmined in accordance with lhc Company’s instructions: the Cotnpany having no responsibility for

43b , neglect or improper storage. The Company assigns any and all warranties for fixtures, appliances, and other equipm.etrra faclured by others to said olher m.anufacturer.

_ .rernedy co the purchaser.The foregoing shull constifuie the said liubility of the Company and lhe sole

Company’s warranties as set forfh in /his paragraph are exclusive and are in lieu st; and purchaserhereby waives all orher warranties, expressed or implied, including without limitation. any implied wurrunries or merchantabilityandfitness.

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CREDIT: (Denosit and Progress Payments)

A. MUNlCIPAL AND FEDERAL GOVERNMENT AGENCIES: Orders may require deposits or progresspayments. If buyer’s tinancial situation justities such action, the Company may at its cIection require payment in advance orcancel the order as to any unshipped item and require payment of its reasonable cancellation charges, If the buyer delayscompletion of manufacture or a delay in shipment, the Company shall require payment according to the percentage ofcompletion. In the event of the default of the buyer, the Company is entitled to the full amount due including reasonableattorneys fees, costs, storage, expenses of physical recovery, and interest at I-1/2% (one and one/half percent) per month.

B. GENERAL CONTRACTORS AND NON-GOVERNMENT AGENCIES: Orders may require deposits oradvance payment as well as progress payments subject to the buyer’s credit worthiness in accordance with the Company’sapplicable credit policies, Breach of any payment terms shall accelerate full payment which shall be due the balance of thecontract amount including change orders.

Copyright RFL (7/2000) F:\PormsWrelimEkt-Quote.VAULT.7-IO-00

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,

. .

26 0 0 O~:~SP S a n t a C r u z C o u n t y P a r k s 1 8 3 1 I 454-7940 p . 1 4Sep

0273400-420 Western Road

Rena, Nevada 69506

RESTROOA FACUTIES CORPORATION Phone: (600) 447-6570

Fax: (800) 856-9369

SOLE SOlCJRCE ,JUSTIPXCATIONfor procurement of patented public Restrooms

Background:Througl~out the don, competitive public bid laws were written t.o prevent procurement abuse

and to prokcl Ille citizens of a community qq\in$[ “good old boy” purchasing , However, the public bidlaw system does no(: always serve the communiey best, If for example, the communily seeks to purchnse IIspecial item &al: is determined to provide grenl: communily benefit. And, if Lhal: product is oat availableFrom any other sourc(: that could bid competirively, the bid process is a waste of taxpayer money andserves no gain. Further, if a soughl: ~Rer producl: is patented. and no1 available From any ocher sourceexcepl a single supplier because the supplier has no dcalcrs or diseribncors who couId bid competiLivcly.then public bidding WOUI~ be “useless and unavailing,” and could be considered a sham.

Bidding Alternatives:Bid projects involving t’estrooin I‘acilicies include Cwo types of prqjects, large park projecls itnd

restroom only projects. The first is when the project: is large and includes nn entire park, and rhe ~*estroo~~is simply a component of the large project. Tlte second type of project is when rhe ~stroom is rhe only 01major purchased item nr~I other site work in minimai.

Large Park Proiects:

When the restroom is ;1 componenl ol: a large project, a public bid is possible as GeneralConrrnctors will be the primary vendors and Restroom Facilities Corporation will simply be a supplier 01subcontractor. The municipality provides Bid Specifications establi.i;hing the product and its Finishes, andReseroom Facilities Corporation bids to the General Contr:lctors. However, when the pro&r: primarilyinvolves just a restroom, the situation is differcut.

Small Park Proiects;

Since 1976... The Natinn’c &ctmnm C-I.-I.- I-- n--r.- n.r.en.. -~~-~~~

Sep 2 6 00 05:27p1 -

.

S a n t a C r u z County P a r k s I831 I 4 5 4 - 7 9 4 0

0274

Dism?llin!~ Public Perception that there is little difl’ererice in site built or factory constructedrestrooms:

RlWl’KOOM PACILIXTES CORPORATlON JWS’IL’Il?TCATTON:

Unique Feutures LOW Built in Maintenance Reduction Costs .Justification:11, support o(: the first J~stiI:ication, the reason for ,justi~fying Restroom Facilities Co~~pot~ation’s

structures is the unique design and engineered features that almost eliminate downstream maintenancecosts. A few of these are listed below:

S/XC~LI~! f/rleri,~/:~ - Interior. wall finishes fur t‘iberg[ass-~einFu~~~d plastic are typically Four-fout pancrlswith @astic or mtal moldings. Restroom Fncilities exclusively provides seamless. fire-retnrclan[.gi2ffii:i shielded, conlini~uus Lluur to top of wall. turner to curiler, 1 -piece Ciberglass reinforced plasticinterior wall L‘inish for easier cleaning and maintenance. Our system creates a giant shower stallwithin the restroom facility area. This type of system cannot be constructed in one piece ll.sing fieldconsrructioll building methods. TIM is why the four fuot seamed p~uxls were developed fur field

This special sellmless S~SIXIII requires special temperature nnd presstrre lamini\lillgthat handle large oversized panels in a special controlled plant enviroment where the special

001s and dust free conditions exist,

p . 1 5

Sep 2 6 0 0 05:27p S a n t a C r u z C o u n t y P a r k s I831 1 4 5 4 - 7 9 4 0

0275

p . 1 6

Relocatstbili tv:

A second r-easou is the potential for possible I:LIIINT buildiq relocation. Restroom FacilitiesCorporalion’s engineering system combines n special 8” thick prec:cast concrete foundalion/slab wilh ilpre-engineered building system that is shipped to LI~C site, nssembled together in l-piece, ready for instantfield placement. The relocntion isme soys hnt: il: the needs in your comnlu~1ily clwnge, n11cl he ~~l’roomfacility is no longer required, it can be picked LIP ;lnd moved to another location the fame way thnc il: wwinitially delivered, This sole source: patented system minimizes the tradition of OII site disruption ofactivities, decrenscs greatly thr: possibility ol’ an attractive nuisance, and provides almost instant readinessfor use.

Summary:

The information described above are just some ol: the extemive designed-in solutions Lhat providepay back ,jLNificnlion !?~r selecting Restroom Facilities Corporation’s patented buildin:: system. Theconcept of “you can pay now or you c;111 pay later,” is 1x1 longer- n part ol’ America’s Inuuicipnlgovcrnmenc pmxlrclllCnC practices. With ever increasing rnhtion. he downscream cost of mr~inlaiuiceis preventable. This is the primary .justification for clients selecting Reslroom Facilities’ p~wm~ soleSO~I’CC pntented rescrooin structures.

Use of Sole Source When Product Carries a Wethod Patent:”The mmt soughl: after patent is a “method or engineering patent,” While appnratus patents are

valuable. they CLM be duplicated. by others, witI slight modil’icncions. Restroom Facilities Corporation~~eived an engineering r~~ethod pate~lt on its [lui[cling system in 1984. An engineering mrzthod potcllt issimilar’ co the pate0t Xerox had For I7 years that p~~~videcl them with market product proprietary systemsthat were in demand due CO plain paper copyill g. Bec;luse Restroom Facilities Corporation does not sell tooutside agenls, distributors or dealers, our Factory price: is the only price available. This makes pllblicbidding /‘or this product “useless and unavailing” whz~ the predominant project: cost itelu is the re~troo~nhcility. It m~~lccs public bidding nvailablt: whw there is e~wugh other work in the pro,ject to providegeneral co~Nract~r.s with at least 50% of the bid cost using their own Forces.

since 1976.. The N a t i o n ’ s Restroom Choice jcw Parks. Cn/f Cnrrrcec =“.-I ~amn-~.--~.-

Sep 2 6 00 05:28p Santa Cruz County Parks [8311 454-7840 p-17

-. ' U n i t e d S;&a&e3 5?"a&en$ [Ig] [I I] Patent N u m b e r : : +aJ3%,608

Kaufm~ et al. I451 Date of Patent: Dec.4,1984 0276

(75) Inventors: C~IUM E. &ufman, Old Ctrecnwich,Cam.; Manip W. SbeUcr, SCOLLBMilla, Oreg.; WUIlam M. Shrrp,Stamford, Corm.

[73] Assignee: Restroom PacMtim C!orpontloa,Rctw, Nev.

[Zl] Appl. N o . : 397$19

[22] Filed: Jul. 13, 1982

[S I] Int. cl.’ . . . . . . . . . . . . . . . . . . . ..ss Eo4(3 21/l% FJ)tJB l/348IS21 U.S. CI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,........ >?/745; 52/79,1;

[58]52,‘79.9; 5M25.3; 156/71; 156/q I56/92

Field of Seuch ...I...I . . . . . . ,,,., 52i79.1, 79.9, 90, 92,52/745, 125.2, 233. 264, 274, 656; 156/71, p[,

92

WI References CitedU.S. I’ATEN’I’ DOCUMEmS

6 1 8 , 7 2 8 7/19011,143,047 G/l9151,445,738 2/1923I ,448,244 3/19232,563,703 IV1951$983,669 IO/l9764,110,952 9/197R

George . ..( . . . . . . - . . . . . . . . . . . 1 . . . . . I . . . . . .Grecr

52192s . . . . . . . . . . . . I.. ,.,.,........,... I... J2/92

Adams . . . . . ,....I ,... _ . . . . .,.I .-.., . . . . 524233Wilson . .ssm... . . . . . . . s.a.4 ..I..... 11111.,. 52/92$mncy ..-....................., I ,.,..._ 32/233Bogam . . . . . . I... . . . . . . . . . . I. ,..,......_ 52/200Blachurn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5~45

FOREIGN I’ATENT DO&JMENTS496375 21’1978 Austrdin ..*.1,4 . . . . . *.......1,,1......... Q/92

plimory Examiner-Alfred C. PerhamArtorhes Agenk or Firm-Mattem, Ware, Stoltz &Frssola

P71 ABsrRAcrBy providing n fully equipped, prefabricated, self-con-tained building, campletcly constructed with alI extc-rior and in&or walls and roof, but bsving no tYoor,floor members or floor-supporting mcmben, a unique,prefabricated, prcconstructcd, seif-cootincd building ieachieved, ready for installation an a floor farming faun-dation to complete the building wnm-uctian. In theprcfcrred embodiment, the prefabricated prccon-strutted building incorporates an interloc dng tenonand mbrti~ construction at each intCrCOMi%d’hg turnerof inttrsixting wall members, In addition, thhc buildingof the present invention also incorporatea a triple thickframe construction along the besa of the building arrd Bdouble lhiok frame construction along the top of thewalls of the building, all of which combine with ticmortise and Lenon interconnections to provide the dosired structural rigidity to enable the prefabricated,sclf-contnined building to be lifted in it8 entirety undmoved into position on the floor-forming foundation.

Exhibit B Bond #929093933

Payment Bond

KN0W ALL PERSONS-BY THESE PRESENTS, That we Restroom Facitlities Corporation0277

of Reno, Nevada, hereinafter referred to as the Principal, and

Continental Casualty Company

as Surety, are held and firmly bound unto County of Santa Cruz

of Santa Cruz, California, hereinafter referred to as the Obligee, in the sum of

T!lirty Six Thousand Five Hundred Fifty Six dollars & OO/lOO--------------Dolars ( 3 6 , 5 5 6 ), for the payment of which we bind ourselves, our legal representatives, successors and

assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has entered into a contract with Obligee, dated 2 6 th day of September , 2 0 0 0 ,

for Greyhound Rock Restoration

co:~y of which contract is by reference made a part hereof.

NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all personssupplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorizedmodifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then thisob’igation to be void: otherwise to remain in full force and effect.

NC suit or action shall be commenced hereunder

(a; After the expiration of one (I) year following the date on which Principal ceased work on said contract it beingunderstood, however, that if any limitation embodied in this bond is prohibited by any law controlling the constructionhereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitationpermitted by such law.

(b; Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state inwhich the project, or any part thereof, is situated, or in the United States District Court for the district in which theproject, or any part thereof, is situated, and not elsewhere.

Th? amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.

SI SNED, SBALED AND DATED this 26th day of September , 2000

Restroom Facilities Corporation

(Seal)

Continental Casualty Company(Surety)

_I G,.? 05579-B

0278

STATE OF NEVAD.4C0iAiT-f OF WASHOE

, personally appeared before me, a tiotary Public,

who acknowledged that he/she executed

the above instrument.

In w:ltness whereof. I have hereunto set my haniiand fixed my ofCal stamp at my office in theCOW-CV of Washoe.

0279

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT

Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCECOWPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvaniacor;>oratian (herein collectively called “the CCC Surety Companies”), are duly organized and existing corporations having their principal offices inthe City of Chicago, and State of Illinois, and that they do by virtue of ‘he signature and seals herein affixed hereby make, constitute and appoint

Glen Ganfiantini, Alfred J. Brewer, Cynthia J. Feldman, Etta Marie Hixsan. Individually of Reno. Nevada-WeIvy” Becker, Rasanne S. Land, Individually of Las Vegas, Nevada-Z.hris Gonfiantini, Sylvia Forsythe, Individually of Carson City, Nevada-

ther true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seai and execute for and on their behalf bonds,unc ertakings and other obligatory instruments of similar nature

- In Unlimited Amounts --

z’ to bind them ihereby as fully and to the same extent as if such instruments were signed by a duly authorized ofi?cer of their corporations andall ‘he acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.

This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,duij adapted, as indicated, by the Boards of Directors of the corporations.

In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by ‘heir Group Vice President and theircorporate seals to be hereto affixed on this 22nd day of December , 1296 .

CONTINENTAL CASUAL-l-Y COMPANYNATIONAL FIRE INSURANCE COMPANY OF HARTFORDAMERICAN CASUAL-IY COMPANY OF READING, PENNSYLVANIA

St;ite of Illinois, County of Cook, ss:Marvin J. Cashion Group Vice President

O n t h i s 22nd day of December 1998 , before me personally came

M;.rvin J. Cashian, to me known, who, being by me duly sworn, did depose and say: that he resides in ;he City of Chicago, State of Illinois; thathe is a Group Vice President of CONTINENTAL CASUALrY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, andAhlERiCAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows these 4s of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so aifixed pursuant to authoritygn en by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same tobe the act and deed of said corporations.

My Commission Expires March 6, 2000

CERTIFICATE

Mary Jo Abel Notary Public

I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURA.NCE COMPANY OFH,iRTFORC, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA da hereby certify that the Power of Attorney hereinabove set forth is stiil in force, and funher certify that the By-Law and Resolution of the Board of Directors of each corporation printed on thereverse hereof are still in farce. In testimony wnereof I have hereunto subscribed my name and affixed the seals of the said corporationsths 26th dayaf mer, 7QQQ.

CONTINENTAL CASUALP COMPANYNATIONAL FIRE INSURANCE COMPANY OF HARTFORO

--

AMEXICAN CASUALTY COMPANY OF READING, PENNSYLL

Mary A. Riblkawskis A5rstant Secretary

(Rev.lOlll97)

Authorizing By-Laws and Resolutions0280

ADOPTED BY THE SOAR0 OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:

This Power of Attorney is made and executed pursuant to and by ,authority of the following By-Law duly adopted by the Board of Directors ofthe Company.

“Article IX-Execution of DocumentsSecticn 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group

Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution ofpolicies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitationsset forth in ‘;-,eir respective certificates of authority, shall have full power to bind the ,Company by their signature and execution of any suchinstruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senioror Group Vice President or the Board of Directors, may, at any time, revcke all power and authority previously given to any attorney-in-fact.”

This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectors of the Company at a meeting duly called and held on the 17th day of February, 1993.

“Resclved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may beaffixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary oran Assistan: Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power orcertificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed andcertified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid andbinding on !he Company.”

ADOPTED BY THE SOARD OF DIRECTORS OF AMERlWN CASUALTY COMPANY OF READING, PENNSYLVANIA:

This Power cf Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors ofthe Company.

“Article W-Execution of Obligations and Appointment of Attorney-In-FactSection 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group

Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execdon ofpolicies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitationsset forth in ti.eir respective certificates of author/h{, shall have full power to bind the Company by their signature and execution of any suchinstruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any timerevoke all pcwer and authority previously given to any attorney-in-fact.”

This Power cf Attcrney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Eoard ofJirectors of the Company at a meeting duly called and held on the 17th day of February, 1993.

“Rescived, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may beaffixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of ‘he By-Laws, and the signature of the Secretary oran Assistan: Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power orcertificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed andcertified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid andbinding on tt,e Company.”

AD*IPTED EY THE EOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:

This Power cf Attorney is made and executed pursuant to and by authoriQ of the following Resoluticn duly adopted on February 17, 1593 by.he Board of Direc:ors of the Company.

“RESOL’/ED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from timeto time, appont, by written catificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bcnos,undertakings and other obligatory instruments of like nature, Such Attorney-in-Fact, subject to the iimitations set forth in their respectivecertificates of authority, shall have full power to bind the Corporation by their signature and executicn of any such instrument and to attachthe seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directorsmay at any tine revoke all power and authority previously given to any Attorney-in-Fact.”

This Power ci Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board cfDirectors of the Ccmpany at a meeting duly called and held on the 17th day of February, 1993.

“RESOL’jED: That the signature of the President, an Executive Vice President or any S,enior or Group Vice President and the seal of

the Corporai.,l .-n may be affixed by facsimile on any power of attorney granted pursuant to the Resoiution adopted by this Board of Directorson February 1 7, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimileto any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binaing on theCorporation. .‘ny such power so executed and seaied and cemfied by cemficate so executed and sealed, =: .o. .L.-+~ I -.,-I, IL GA I- -pect to any bond or

undertaking tc which it is attached, contrnue to be vaiid ana blnding on the Corporation.”

Exhibit 6

CfVA lNSURANCE COMPANIES0281

CNA Plaza, Chicago, ///iflois 60685

Bond # 929093933

PERFORMANCE BOND

KNOW ALL MEN BY THE.SE PRESENTS: That we Restroom Facilities Corporation

, Principal,

and Continental Casualty Companyunto County of Santa Cruz

, Surety, are held and firmly bound

, Obligee,

inthesumof Thirty Six Thousand Five Hundred Fifty Six &OO/lOO---

Dollars ($ 36, 556 >for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly andseverally, firmly by these presents.

WHEREAS, Principal has entered into a contract with Obligee, dated September 26, 2000

for Greyhound Rock Restoration

copy of which contract is by reference made a part hereof.

NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmlessthe Obligee from all cost and damage by reason of Principal’s failure so to do, then this obligation shall benull and void; otherwise it shall remain in full force and effect.

Signed, sealed, and dated

Restroom Facitlities Corporati@&l)h (Princioal)

Continental CasualtT7 CompanygSeai)

/ (Surety)

'Cyithia J'%oyer a Attorney-in-Fact

G-2321 5-5

CMA 47 *For All the Commitments You Make’

-=

0IvcoN

: l

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACTo2,3

Know ~11 Men By These Presents, That CGNTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCECi?MPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALrf COMPANY OF READING, PENNSYLVANIA, a Pennsylvaniaccrporaeon (herein collectively called “the CCC Surety Companies”), are duly organized and existing corporations having their principal offices inth ? City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, ccnstitute and appoint

Glen Gonfiantini, Alfred J. Brewer, Cynthia J. Feldman, Etta Marie Hixson. Individually of Rena. Nevada

- Melvyn Becker, Rosanne S. Land, Individually of Las Vegas, Nevada_ Chris Gohfiantini, Syha Forsqhe, individually of Carson Cib, Nevada

-

th air *rue and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to srgn, seal and execute for and on their behalf bonds,ur dertakings and other obligatory instruments of similar nature

- In Unlimited Amounts -

-ar d to bind them thereby as fully and to the same extent as d such instruments were signed by a duly authorized officer of their corporations andali ‘he acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.

This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,dl.ly adopted, as indicated, by the Boards of Directors of the corporations.

In Witness Whereof, the CCC Surety Companies have caused these presents to be signed b; their Group Vice President and theircc rporate seals to be hereto affixed on this 22nd day of December , 1098 .

NATIONAL FIRE INSURANCE COMPANY OF HARTFORDAMERICAN CASUAL-l-f COMPANY OF READING, PENNSYLVANIA

Mawin J. Cashion Group Vice PresidentS-ate of Illinois , County of Cook, ss:

On this 22nd day of DecemberMarvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in t;-re

1998 , before me personally cameCity of Chicago, State of Illinois; that

he is a Group \/ice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, andAtiERICAN’CASUALN COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows thes+?a/s cf said corporations; that the seals atixed to the said instrument are such corporate seals; that they were so afixed pursuant to authorityglden by the Boards of Directors cf said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same tob+? the act and teed of said corporations.

My Commission Expires March 6, 2000

CERTIFICATE

Mary Jo Abel Notary Public

I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE CGMPANY OFI-ARTFORD, and AMERICAN CASUALTY COMPANY GF REAOING, PENNSYLVANIA do hereby certify that the Power of Attorney heretna :ove set forth is stall in force, and further certify that ‘he By-Law and Resolution of the Board of Directors of each corporation printed on thereverse hereof are spill in force. In testimony whereof I have hereunto subscribed my name and afixed the seais of ‘he said corporationst t i s 26th d a y o f Sewer, 7QQQ.

CGNTINENTAL CASUALTY COMP.4NYI NATIONAL FIRE INSURANCE COMPANY 3F HARTFORE

AMERICAN CASUALTY CGMPANY OF RE.I\EING, FENNSYL’/PNIA

.(Pev 1 Oil 197)fvlav A. Riblkawstcis &aistan! Secreta?

Exhibit C ,-,eTATE ‘- P.O. BOX 420E107, SAN FRANCISCO, CA 94142-0807

MPEblSATlONNSLIRANCE 0284

F U N D CERTIFICATE OF WORKERS COMPENSATION blSURANCES@‘TEIIBER 3 51 U 300 %!mC& -’ 00

POLICY NUMBER:CERTIFICATE EXPIRES!

e-1 -01.

L

This is to certify that we have issued a valid Workers’ Compensation Insurance policy in a form approved by the CallfornlaInsurer ce Commissloner to the employer named below for the po@ period Indicated.

This pc llcy Is not subp;t to cancellation by the Fund axccpr upor&% days’ advance wrltten notlce to the @tnplOy@r,

We will also give you#?N days’ advance norlce should thls policy be cancelled prior to irs normal expiration,

This i&jficate of insurance is not an Insurance policy and does not amend, extend of alter the coverage aVor&d by thepoti&:; llsted herein. Notwlthstalldlng any requirement, term, or condition of any contract or oThor document withrespec: to which this cartlficate of insurance may be issued or may pertain, the insurance afforded by the policiesdescribed herein Is subject to all the terms, exclusions and conditions of such policies.

K-PRESIDPNT

:

EMPLOYER

n’.’ Exhibit D,E PHK NU, r. UI

DATE (MMIODNY)

03/1e/ooT~ERTIFICATE IS ISSUED AS A MAl’TER Of INFORMATl(j& j-ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER, T)+S CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES 6ELoW.

Reno NV 89509'775~824-2345 FLlx:-/75-a27-7090 lNSURERS AFFORDING COVERAGE

-I, -.-. - - I “--we A -__,_, _ _ _-.--__ , C-.-_.. , .,, __, ..___. -.--_ - - ..-.-- . .-_ ( .~ ,,.-_ --, - - - I-. ..-.,mINSUHFR A. I T T Hartford__.,., ,_.-. -.-. --“..-.I1*-- . ..-_ .--_,INSURER 5. Pireman's Fund..-_. /~ I___ ,"-.*.r .-..,---.a --.. --__. .--_ , .._,_. c_lN8URCR G:__,...-.C-1.- _-_. - 1 I--.,. .-. .a”..-- j---.. ,,,,.--._ ,._

INSURER D:--,, .,_-._ -_/,-.A- ,..-“I.,---.-. ..-- .--._ . .-de”,IINSURER P:

COVERAGESr.,,--w.e”-“l,-- -u7’HE POLI::IES Or: IN’XIRANCE Llbl’EO QEL0W HAVE BEEN ISSUED -fO THE INSURED NAMED AEIOVE FOR THE POLICY PERIOD INDICATED. NOT’fI’THSTAI\IUINGANY REW JIR~,MENT. TERM OR CONDITION 01: ANY GON’TRACT of? OTI-IER D~cU~V~ENT WITH RESPECT To WHICH THIS CERT~I-ICATE MAY IIF ISSUED ORMAY PE[J--AiN, TbIE INSURANCE ArPORDED DY THE POLICIES DESCRIBED t#REIfg IS SUBJECT 7’0 ALL THE TERMS, EXcLUSlONs AND c0NDlTloNS OF SUCI4P0Llc;~s jKXKEG/\TE LIMITS SIKJWN hk4Y HAVE BEEN Rt%UCE’J AY PAID CLAIMS,

-.,. ,,“...-.. ..__ _ -__, _., .-..-_...

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OENERAL AGGRECATEP ” ,.--- >--. . ..-..,PRODUCTS. COMPlOP AGG,.-.-,,, .---e,,,, -VW..., -.

COMQINEU SINGLE LIMIT03,11,01 (Eaacadonl)

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WQIWXS COMr’LN!:ATION ANi’)L~PLli\‘L.RR’ LlACIlLllY I

03/U/01

1.

Install $2oa,oooFloaterI--e-.l.-l.--

The: County of Spnta CruZ 1s named ns an additional insured as respects the

fO1..lOwii,:q prsjeat: Greyhound Rock Restoration

ADOlTlONAi, INYUKEC, IN51lfKR LE’I KR: CANCELLATION_, .- ._-I-0 0 0 0 0 0 0 ~~~-~O’JIJJ AN,’ OF THE AQOVE ()CSCHIRGO 1”ol iclcs % CANCSI.I.M HElyOf!E WI?

CXPIRATION OATETtiERCOf, -fI-IG 134“‘LJING INSIJRCR Wl1.L ENDEAVOR 10 MAIL

IO OAYS WRIT1 EN NOTICE TO THE CCR’TIFICATE HOLDER NAMCU TO Tl4E

County of Santa Cruz-.,.-

I30l-J OlsonLcb7, GU’r F,jiLURE TO DO SO SbIALL IMPOSE NO OHL,IGAtlC)N OR LIANILITY OF

g-f!l 17th bvenucANY \v’UpOI‘I TtIC INSURCR, ITS AGENTS OR HSPi7ESENTAlIVE!;.--.,,1-1__

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S a n t a Cruz C o u n t y P a r k sI 8 3 1 1 4 5 4 - 7 9 4 0

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. . Exhibit .F 0286Requ&t for Taxpayer

(’ Health Core SewIce . ,.. ., ).

So&d racurlty number ..

IlJrl+lll

0 Inscrest

Other (Explain)

-OR

I.2

Ths number shown on Ihis form Is my conect taxpaynr ldenllficatlon numbor (or I om walung for a number to be lssuod to me), and.I 8n not subject lo backup wkhholdlng because: (n) 1 om oxrxnpt drum bnckup wflhholdlng, or (b) 1 have not been noNled by lhe lrrtemalf?e-~~e Servfce Ihat I am subject to backup withholdlng as n rosulf of I-I lnilure lo ropoti all lnlorosl or dlvfdends, or (c) the IRS has notNed- .’ ’me th# I am no longer subject lo backup wtthholdlng.

tirtiff~zatfon h’lStlUCtiOnS.-YOU must cm%s out Hem 2 above if you have been notified by the IRS that you are anmt[y sub)& to backupwilhhoidlng because ,of ‘underreporting interesr or dividends on your iaw return. For re& estate’lransndfons, ken-~ 2 dous not apply For mofigagefnteres! peld. the acqufsflfon or Qbnndonment ol’securad prop&y, cancallaQon of d&t. contflbafons to an fndlvfdual r&frement a&gekentORA). nnd genadY pey~1V3nfs other than lnlereat Md dlvldonds. you WI not roqulred to sign the CwtMctilon, but you must, provide your correct’TIN. (Also see Part III InstructIons on page 2.)

:, ‘8

ig-:

3.

Sectlor rdxfmces 8re to the InternalRevenue code.

HWW Signature k’

Purpose of Form.-A person who Isrequtretl to lile an lnformatlon return withthe IRS must get your coned TIN to reportIncome paid ti, ypu, real statetf8nSaC:lOnS. ~fflOttgagG Intorest you pald,the acqAsftlon or abandonment of securedprop+, cancellation of dobt, orcontibc ddns you made to an IRA. UseFomr LY-9 to give your correct RN to therequest+r (Lhe penon requesting your TIN)and, when applicable. (1) to carttfy the TINyou are giving, Is ,correct (or you are waltlnglor a nunber to be issued),. (2) to certifyyou are lot sub@3 to backup withholdlng,or (3) to claim exemptIon from backupwlthhold ng If you are an exempt payee.Giving your correct Tlti and making theSpprOprilte ceruflcations will preventcertain payments from being subjeoct tobackup wtthholdlng.

Note: If L n3quester gives you a form otherIhen a W,9 to maquest your TlN, you mustIse the mqueste~s fwrr-lf If Is substantially:Imllaf to thl lm w-9.Vhut a

4sWltiholdlrtg7-Pesons

naklng a payments to you must.(Ithhold r(nd pay to the IRS 31% of such

payments undar certain conditions. This IscaNed “backup withholdlng.” Paymentsthat could be subfoc\ to backupwlthholdlng Include Inlerest, dlvldonds,broker and barter exchange tmnsactlons.rents. royaltles. nonomployeo pay, nndcortaln payments lrom lashing boatoperators. Real ostato transactfons are notsub)& to backup wlthholding.

Ii you give the requestor your correctTIN. make the proper cortificattons, and.report ifl your tuable interest anddlvldends on your tax return, yourpayments till not be subject to backupwtthholdlng. Payments you receiva will besubject to backup withholding il:

1. You do not fumlsh your TIN to fherequestor, or

b

\lnterast and dividend accounts openedatter 1983 only), or

5. You do not certify your TIN, See thePart Ill InstructIons for exceptlgnn.

Certain payees and payments areexempt from backup wltiholdlng andInfonnatlon-reporting. See the Part IIInstnMons and the separate Insba~ctlonsfor ti Reqwrrter of Form W-Q.

How TO Get a TIN.-If you do not have aTIN. apply for one Immediately. To apply,get Form SS-5, Appficatlon tar a SocialSecurity Number Card (for Individuals),from your &al office of the Social Securi~.AdmInistratIon, or Fom~ SS-4, Appllcatlonfor Employer ldenff flcation Number (forbusinesses and all other entltles), fromyour local IRS office.

2. The IRS tells the requester that youfumlshod an k~correct TIN, or

3. The IRS tells you that you are subjectto backup Hn’lhholdlng because you did notreport all your interest and dividends onyour tax relum (for reportable Interest anddividends only), of

4. You do not certify to tie requesterthat you are not sub]ect to backuptithholdlng under 3 above (for reportable

If you do not have a TIN, write ‘AppliedFor In the space for the TIN In Part Iand date the form, and give It ta therequester. Generally, you will then haidays to get a TIN snd give It to therequester. If the rguester does not receiveyour TIN wlthln 60 days, backup ’ .wllhhaldlng, II appflcabla, will begln and ,.continue untli you (umlsh your TIN.