HomeMy WebLinkAboutMINUTES - 08072001 - C.32 F
TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GHAD
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: AUGUST 7, 2001 (�
SUBJECT: APPROVE and AUTHORIZE William R. Gray and Company, Inc., as General Manager of the
Blackhawk Geologic Hazard Abatement District to execute a Contract with Dover Construction
to provide maintenance services in the amount of$124,500, effective July 1, 2001 through June
30, 2002, Danville Area. (WO #5147)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS'I-II--ICATION
I. Recommended Action:
APPROVE and AUTHORIZE William R. Gray and Company, Inc., as General Manager of the
Blackhawk Geologic Hazard Abatement District (GHAD), to execute a maintenance services agreement
between the Blackhawk GHAD and Dover Construction for work on the District preventative
maintenance and major repair programs in the amount of$124,500.00, effective July 1, 2001 through
June 30, 2002.
II. Financial Impact:
There will not be any impact on the County General Fund. The Blackhawk GHAD is funded through
revenues generated by County Service Area M-23. Blackhawk GHAD will fund 100% of the work.
41tUL ".efU*/L__*'
Continued on Attachment: \ SIGNATURE:
mommo�
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTIIER
SIGNATURE(S):
ACTION OF BOARD ON August 07/01 APPROVED AS RECOMMENDEDxx OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action taken and
x x UNANIMOUS(ABSENT ) entered on the minutes of the Board of Supervisors on the date shown.
AYES: NOES:
se:sd us
ABSENT: ABSTAIN: A'T'TESTED: g Au t 07 , 2001
G:\GrpData\SpDist\BowdOrders\2001\08 AugusnBos fora-7-ol.doc JOHN SWEETEN,Clerk of the Board of Supervisors and County
Orig.Div: Public Works(Special Districts)
Cc: Skip Epperly(.313-2253.) Administrator
Auditor
PW Accounting
William R.Gray and Company By
Deputy
SUBJECT: APPROVE and AUTHORIZE William R. Gray and Company, Inc., as General Manager of the
Blackhawk Geologic Hazard Abatement District to execute a Contract with Dover Construction
to provide maintenance services in.the amount of$124,500, effective July 1, 2001 through June
30, 2002, Danville Area. (WO #5147)
DATE: August 7, 2001.
PAGE 2
III. Reasons for Recommendation and Background:
Dover Construction has assisted the GHAD with the execution of their Preventative Maintenance and
Emergency Response Program for approximately ten years. Dover Construction has extensive
experience in responding to and assisting the GHAD with the repair of landslides and landslide related
work in Blackhawk and the surrounding area.
In addition to providing funds to clean, repair and/or replace damaged B-58 ditches within the
Blackhawk GHAD, the Preventative Maintenance Program provides funding for the GHAD's annual
Debris Clean-up and Minor Repair Program. Dover Construction has assisted the GHAD in previous
years in responding to homeowner reports of landslides and/or potential landslides.
William R. Gray and Company negotiated and approved maintenance services agreements between the
Blackhawk GHAD and Dover Construction for Fiscal Years 1998/99 and 1999/00 and recommends
approval of Dover Construction's annual contract with the Blackhawk GHAD for Fiscal Year
2001/2002.
IV. Consequences of Negative Action:
Without Board approval, the Preventative Maintenance and Minor Repair Programs for the Blackhawk
GHAD would not be instituted.
coNT Acr
Standard Forth Maintenance Services Agreement
1, syut^tAT TFRM& These special terms arc incorporated below by reference.
(Sec Secs.2,3) Parties: Public Agency - Black-hawk Geologic Hazard Abatement District
Contractor - Dovea Construction
Effective Date: July 1,2001
(Sec Sec.3)Project Name,Number and Location:General Maintenance Activities:located in the Blacldtawk
Community,Danville,California area.
The work consists of on call maintenance services as described in Appendix A.
(See Sec.4)Duration: June 30,2002
(Sec Sec.4)Public Agencys Agent: Nancy Cunningham Project Coordinator,William R.Gray and Company,Inc.
(See Sec.5)Corutact Li6t: $124,500.00
(See Sec.6)Federal Taxpayet"s T.D.or Social Security No. 91-1769377
2. gTrNAT TRFC k ArKNt)WT_FI)CM'FNT_
Public Agency,By:
William R.Cray and Company,Inc.
General Manager
Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1361 and 3700
concerning Wor pensationw,
By: ` b�v�!L• lL
(Designate official capacity in the business)
By:
(Designate official capmciry in the business)
Nnte to rnntr rtnn For corporations,the contract must be signed by two officers. The first signature must be that of the chairman
of the board,president or vice president•,the second signature roust be that of the secretary,assistant secretary,chief financial officer
or assistant treasurer. (Civil Code,Section 1190 and Corporations Codc.Section 313.) The acknowledgment below must be signed
by a Notary Public.
CERTIFICATE OF ACICNOWLEDGIVIENT
State of California )
ss.
County of ) `
On the date writtgn below,before me, �►� ' �Rc ponally appeared(inscn name and title
of the officer) ���� V perso wn to me(or proved to me on the basis of
satisfactory evidence) to be the person(4 whose name) War* subscribed to the within instrument and acknowledged to me that
he/sLofdW executed the same in hisAbsd4 teiF--authorized capacity(ise), and that by his/hcrA&eir signaturc0 6 on the instrument the
person(#,or the entity upon behalf of which the person(o acted,executed the instrument-
WrrNESS my hand and official seal.
Dated: r t I SQ .
(Notary's Seal) otary Public)
NANCYCUNNINGHAM
UM
_ Commtnion# 1221013
Wkiry Putsric-Colifonlid
Contra Costa county
(Page 1 of 7) 1 Q0WCWmB0wM3V23.=I
3, WORK rQNTRAr T rIJANGFS (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 in Section 1,SPECLiL TERMS.
(b) Contractor shall, at his own cost and expcasc, and in a workmrtnlike manner,fully and thithfully 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 scope of work as desrnbcd in Appendix A.
(c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the
patties;and the Public Agency shall neva have to pay more than specified in Section 5,PAYMENT,without such an order.
4. TTN F.• NO'nrF.TO PR OrFFn Contractor shall scan this work as directed by the General Manager or his Agent or the Notice
to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS.
5. PAYMENT Public Agency shall pay Contractor for services performed at the rates shown in Appendix B attached hereto.
which include all overhead and incidental expenses, for which no additional compcnsadon shall be allowed. Notwithstanding the
foregoing, those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Contractor,
provided that Contractor submits copies of receipts and if applicable,a detailed mileage log to Public Agency. In no event shall the
total amount paid to Contractor exceed the payment limit(s) specified in the Contract limits without prior written approval of the
Public Agency.Contractor's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list,
for each item of service,the employee categories,hours and rates. Contractor shall also submit with each invoice a conditional lien
release to cover work performed under said invoice. Public Agency will pay Coattactor in accordance with the requirements of Civil
Code Section 3320 as applicable.
6. PAYMENTS WO24HE1.11 (a) The public Agency 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 public
Agency from loss because of:
(1) Defective work not remedied,or uncompleted work~or
(2) Claims riled 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 Public Agency,other than damage due to delays.
(b) The Public Agency 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
defeclivc work or parrs.
7. 1NSi 1R ANf F A Contractor performing services under this contract shall provide at all times the following insurance in
amounts not less than those specified: (a)Workers' Compensation Insurance complying with the laws of the State of California:
and(b)Comprchcasive General liability Insurance,including blanket contractual(or contractual liability)coverage,broad form
property damage coverage,and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of
$2,000,000 for all damages due to bodily injury,sickocss or disease,or death to any person,and damage to property,including
the loss of use thereof,arising out of each accident or occurrence,and naming Williem R.Gray and Company,Inc.,Contra Costa
County,Blackhawk GRAD,Sands Construction Company,Inc.,and their boards,officers and employees as additional insured.
Contractor is aware of and complies with Labor Code Section 3700 and the Workers'Compensation Law.
8. Bo hMS, Contractor shall provide, if the contract exceeds$25,000.00, at the time of the execution of this contract,and at no
additional expense to the Public Agency, a surety bond executed by an admitted surety insurer in an amount equal to at least filly
percent(50%)of the contract price as security for the payment of all persons performing labor and furnishing materials in connection
with said agreement. Sureties of said bond shall be satisfactory to the Public Agency.
9, Fan t tRF TO PERFORM If the Contractor at anytime refuses or neglects,without fault of the Public Agency or its agmt(s).
to supply sufficient materials or workmen to complete this agreement and work as provided herein,for a period of 10 days or more
after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof
from the contract price.
(Page 2 of 7)
10. I AWS APPY V Both parties recognize die applicability of various federal, state and local laws and regulations, especially
Chapter 1 of Part 7 of the California Labor Code(beginning with Section 172(),and including Sections 1735, 1777.5, and 1777.6
forbidding discrimination) and intend that this agreement complies therewith. The parties specifically stipulate that the relevant
penalties and forfeitures provided in the Labor Cods,especially in Sections 1775 and 1813,concerning prevailing wages acid hours,
shall apply to this agreement as though fully stipulated herein.
11. qT TRrQM Af-rQRR Contractor shall not subcontract any work without approval of the General Manager.
12. WAC,E RAMS (a) Pursuant to Labor Code Section 1773, die Director of the Department of Industrial Relations has
ascertained the general prevailing rates 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 workman needed to execute this contract,and said rates are as specified in the
call for bids for this work and are on file with the Public Agency,and are hereby incorporated 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 are worked,the daily wage rare
is proportionately reduced,but the hourly rate remains as stated.
(c) The Contractor, and all his subcontractors, must pay at leant these rates to all persons of 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,administantive,clerical or other non-manual workers as such)for which
no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the
initial employment of the person affected and during the continuance of such employment.
13. WHIRR QF t ARQP Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any
time on this work by rhe Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided
in Labor Code Sections 1810-1815.
14. APPRENTICES Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections
1777.5 and 1777.6,forbidding discrimination.
15. DESIRE TO PROMOTE. ECONOMY DE CONTRA rO!TA The Public Agency desires to promote the industries and
economy of Contra Costa county,and the Contractor therefore is encouraged to use the products,workmen laborers and mechanics
of this County in every case where the price,fitness and quality are equal.
16. ASSiGNMENT T1uc agreement binds the heirs,successors,assigns,and representatives of the Contractor,but he cannot assign
it in whole or in part,nor any monies due or to become due under it,without the prior written consent of the Public Agency and the
Contractor's surety or sureties,unless they have waived notice of assignment
17, NQ WAiVPR RY Pi Ml if'At:FNrY 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 Public Agency indicating the work or any part thereof complies with the
requirements of payments thcrzfor, or any combination of these acts,shall not relieve the Contractor of his obligation to fulfill this
contract as prescribed.nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising
from the failure to comply with any of the terms and conditions hereof.
18. HOT n HARMi FCC AND RMENJI TPY (a) Contractor promises to and shall hold harmless and indemnify from the liabilities
as defined in this section.
(b) The indemnitees benefited and protected by this promise are William R. Cray and Company, Contra Costa County,
Bladdiawk GRAD,Sands Construction,and their elective and appointive boards,commissions,officers,agents and employees.
(c) The liabilities protected against are any liability or claire for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below, including but not limited to personal injury,death,property damage, trespass,nuisance, inverse
condemnation,patent infringement,or any combination of these,regardless of whether or not such liability, claim or damage was
unforeseeable at any time before the Public Agency approved the improvement plans or accepted the improvements as completed.
and including the defense of any suit(s)or action(s)at law or equity concerning these.
(Page 3 of 7)
(d) The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by
this contract and attributable to the contractor,subcontractor(s),or any officcr(s),agent(s)or employee(s)of one or more of them.
(e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any
indemnitee has prepared supplied, or approved any plan(s), drawing(s), specification(s) or special provision(s)in connection with
this work,has insurance or other indemnification covering any of these masers,or that the alleged damage resulted partly from any
negligent or willful misconduct of any indernniree.
19. FxrAvATrnN Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to
Public Agency a detailed plan showing the design of sharing,bracing,sloping,or other provisions to be made for worker protection
from the hazard of caving pound during Trench excavation.
20, RECO RU tux rENTInnt Except for records delivered to Public Agcncy,Contractor shall retain, for a period of at least five
years after Contractoes receipt of the final payment under this contract,all records prepared in the performance of this contract or
otherwise pertaining to the wort:, including without limitation bidding, financial and payroll records. Upon request by Public
Agency, Contractor shall make such records available to Public Agency,or to authorized representatives of the state and federal
governments,at no additional charge and without restriction or limitation on their use.
21. 1l.SF DE PRIVATE PR f1PERTV Contractor shall not use private property for any purpose in connection with the work absent a
prior,written agreement with the affected property owner(s).
22. RENTAI 017)WAGE R ATFL The statement of prevailing wages appearing in the Equipment Rental Razes and Gcncral
Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract.
23, rl AiMS Resolution of construction claims shall be handled as outlined in Article 20104 of the Public Contract Code,
attached to this contract as Appendix"C".
24. S11RMriTA1 QF PRQPncat EnR cERvtr FS. Contractor shall subunit for consideration a proposal to renew annual
contract no later than May 15,2001 to the offices of the Blackhawk GRAD,located at 1820 Bonanza Street,Suite 204,Walnut
Creek,California 94596. Submittal shall be in written form and delivered via U.S.mail.
G:Uilackhawk\Adminisuation\Vendon\Dover Construction\CoatractAFY 01-020over 01.02 Maintenance Contrtmdoc
(Page 4 of 7)
Black-hawk Geologic Hazard Abatement District (GRAD)
Dover Construction
Maintenance Services Contract
Appendix"A"Scope of Work
Under this contract, Dover Construction, (CONTRACTOR), agrees to provide preventative
maintenance services and perform minor repairs under the District's Major Repair Program to the
Geologic Hazard Abatement District (CHAD) on an "on call" basis. This Agreement covers work
commencing from July 1, 2001
Under the direction of the General Manager or his designee, CONTRACTOR agrees to provide
labor and materials to perform work on a task by task basis. Said tasks are subject to the payment
Emit in Section 1 of this Agreement. Task orders will be issued on a unit cost basis and/or force
account basis at the sole discretion of the General Manager.
(Page 5 of 7)
Blackhawk Geologic Hazard Abatement District (GRAD)
Dover Construction
Maintenance Services Contract
Appendix "B" Fee Schedule
Fee & hate Schedule
July 1,2001 to June 30,2002
Contractor to be paid for services performed on a unit cost basis or at the rates shown on the
attached fee schedule dated July 17,2001 from Dover Construction.
(Pagc 6 of 7)
DOVER CONSTRUCTION
1174.Killarney Street
t.iverntore, Calif.94550
Office Phone (925)3734813
DatteJuly 23, 200
Fee&Rate Schedule
July 1,2001 to June 30,2002
j
FO11:BlaCkhawk G H.A.D.
c,/o Williatr R. Grey, General Manager, GRAD
1820 Sonar za Street. Suite 204
Walnut Cr Calif.94568
CONSTRUCTION RATES
i
Regular Day &Standby Rates
l
Laborers: Stage t @ $40.16/hr.
Stage 2 @$43.74/hr.
IStage,3 @ $4731/hr.
Group t @ S31.30/hr.
(skilled labor Jackhammer, concrete saw, pipe
layers, concrete vibrators, chainsaw, etc.)
16roup 2 @ S51.05/hr.
1(concrete handlers, dumpers, laborers, & concrete
relnfIrcing steel work)
Group 4 @$4037/hr.
1(trimming, mowing & landscape maintenance)
I
10ump Truck Driver @ $56.80/hr.
Cement Mason @ S60.12/hr.
Equipment Operator @ $67.96/hr.
ILabor Foreman:All jobs @ $57.44/hr.
Ii
I
Foreman: All jobs @ S79.82/hr. .
Plckup/fools-All jobs @ $13.78/hr.
All Terrain Veh1cIe:All jobs@ $13.78/hr.
Gas Cutoff Saw All jobs @ S125.00/day
Water Meter All jobs @ 549.00/day
1 Generator All jobs @ S98.00/day
16rushcutter(Weedeater) All jobs @ $5600/day
Backpack Blower All jobs @ S45.00/day
�5-58 cleaning-including cutting of weeds on each side of ditch,.
(removal of dirt and debris with shovets, and blowing out of
`remaining small debris with blower @ S .58/ft. (63,486 lineal It. In
Blackhawk).
Alt rates include authorized contractor mark-up in compliance with
section 9-1.03 of the standard specifications.
I
*All other equipment rentals, materials and
subcontractors at cost & 20%.
,*Emergency Response & Saturday Rates for all
personnel are at 1 1/2 times regular rates.
Sunday & Holiday Rates for all personnel are at
2 1/2 times regular rates.
Blackhawk Geologic Hazard Abatement District (CHAD)
Dover Construction
Maintenance Services Contract
Appendix"C"Resolution of Construction Claims
Attached
(Page 7 of 7)
CA Codes (pcc:20104-20104.6) Page 1 of 3
PUBLIC CONTRACT CODE
SECTION 20104-20104.6
20104. (a) (1) This article applies to all public works claims of
three hundred seventy-five thousand dollars ($375,000) or less which
arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a
contract between a contractor and a public agency when the public
agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and
3106 of the Civil Code, except that "public work" does not include
any work or improvement contracted for by the state or the Regents of
the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a
time extension, (B) payment of money or damages arising from work
done by, or on behalf of, the contractor pursuant to the contract for
a public work and payment of which is not otherwise expressly
provided for or the claimant is not otherwise entitled to, or (C) an
amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be
set forth in the plans or specifications for any work which may give
rise to a claim under this article.
(d) This article applies only to contracts entered into on or
after January 1, 1991. .
20104.2. For any claim subject to this article, the following
requirements apply:
(a) The claim shall be in writing and include the documents
necessary to substantiate the claim. Claims must be filed on or
before the date of final payment. Nothing in this subdivision is
intended to extend the time limit or supersede notice requirements
otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000) ,
the local agency shall respond in writing to any written claim within
45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation
supporting the claim or relating to defenses to the claim the local
agency may have against the claimant.
(2) If additional information is thereafter required, it shall be
requested and provided pursuant to this subdivision, upon mutual
agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further
documented, shall be submitted to the claimant within 15 days after
receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional
information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and
less than or equal to three hundred seventy-five thousand dollars
($375,000) , the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in
writing, within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses to the
claim the local agency'may have against the claimant.
(2) If additional information is thereafter required, it shall be
requested and provided pursuant to this subdivision, upon mutual
agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further
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documented, shall be submitted to the claimant within 30 days after
receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional
information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response,
or the local agency fails to respond within the time prescribed, the
claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of
the local agency's failure to respond within the time prescribed,
respectively, and demand an informal conference to meet and confer
for settlement of the issues in dispute. Upon a demand, the local
agency shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
i (e) Following the meet and confer conference, if the claim or any
portion remains in dispute, the claimant may file a claim as provided
in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code. For purposes of those provisions, the running of
the period of time within which a claim must be filed shall be tolled
from the time the claimant submits his or her written claim pursuant
to' subdivision (a) until the time that claim is denied as a result
of, the meet and confer process, including any period of time utilized
by- the meet and confer process.
! (f) This article does not apply to tort claims and nothing in this
article is intended nor shall be construed to change the time
periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
40104.4. The following procedures are established for all civil
actions filed to resolve claims subject to this article:
; (a) Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the matter to
nonbinding mediation unless waived by mutual stipulation of both
parties. The mediation process shall provide for the selection
within 15 days by both parties of a disinterested third person as
mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the
mediation unless a time requirement is extended upon a good cause
showing to the court or by stipulation of both parties. If the
parties fail to select a mediator within the 15-day period, any party
may petition the court to appoint the mediator.
; (b) (1) If the matter remains in dispute, the case shall be
submitted to judicial arbitration pursuant to Chapter 2.s (commencing
with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that code. The Civil
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of
Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall
apply to any proceeding brought under this subdivision consistent
with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation
of the parties, arbitrators appointed for purposes of this article
shall be experienced in construction law, and, upon stipulation of
the parties, mediators and arbitrators shall be paid necessary and
reasonable hourly rates of pay not to exceed their customary rate,
and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good
cause, determines a different division. In no event shall these fees
or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10)
of Title 3 of Part 3 of the Code of Civil Procedure, any party who
after receiving an arbitration award requests a trial de novo but
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does not obtain a more favorable judgment shall, in addition to.
payment of costs and fees under that chapter, pay the attorney's fees
of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses
to participate in the mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any
portion of a claim which is undisputed except as otherwise provided
in the contract.
(b) In any suit filed under Section 20104.4, the local agency
shall pay interest at the legal rate on any arbitration award or
judgment. The interest shall begin to accrue on the date the suit is
filed in a court of law.
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