HomeMy WebLinkAboutMINUTES - 08072001 - C.33 . 3
C 33
TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, CANYON LAKES GIHAD
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
Canyon Lakes Geologic Hazard Abatement District to execute a contract with Dover
Construction to provide maintenance services in the amount of $35,000, effective July 1, 2001
through June 30, 2002, Danville Area. (WO #5148)
SPECIFIC REQUEST(S)OR RFC'OMMEN DATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE William R. Gray and Company, Inc., as General Manager of the Canyon
Lakes Geologic Hazard Abatement District (GHAD), to execute a maintenance services agreement
between the Canyon Lakes GHAD and Dover Construction for work on the District preventative
maintenance and major repair programs in the amount of $35,000.00, effective July 1, 2001 through
June 30, 2002.
IL Financiallmpact:
There will not be any impact on the County General Fund. The Canyon Lakes GRAD is funded through
revenues generated by special assessments on properties within the boundaries of the Canyon Lakes
CHAD. Canyon Lakes GHAD will fund 100% of the work.
4&Aj-1_' U_WAW
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTIIER
SIGNATURE(S):
ACTION OF BOARD ON August 07 , 2A®iROVED AS RECOMMENDED XXOTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action taken and
XX UNANIMOUS(ABSENT ) entered on the minutes of the Board of Supervisors on the date shown.
AYES: NOES:
ABSENT: ABSTAIN:
sl:sd ATTESTED: August 07 , 2001
G`•.GrpDaLmspDisvBoard Orders\200IV 8 ler
August.Ws for R-7-Ol.doc JOHN SWEETEN,Clerk of the Board of Supervisors and County
Orin.Div: Public Works(Special Districts)
Cc: Skip Epperly(3 13 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
Canyon Lakes Geologic Hazard Abatement District to execute a contract with Dover
Construction to provide maintenance services in the amount of $35,000, effective July 1, 2001
through June 30, 2002, Danville Area. (WO #5148)
DATE: August 7, 2001
PAGE 2
111. Reasons for Recommendation and Background:
Dover Construction has assisted the GHAD with the execution of their Preventative Maintenance and
Emergency Response Program for approximately 10 years. Dover Construction has extensive
experience in responding to and assisting the GHAD with the repair of landslides and landslide related
work in Canyon Lakes and the surrounding area.
In addition to providing funds to clean, repair and/or replace damaged B-58 ditches within the Canyon
Lakes 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
Canyon Lakes GHAD and Dover Construction for Fiscal Years 1998/99 and 1999/00and recommends
approval of Dover Construction's annual contract with the Canyon Lakes GHAD for Fiscal Year
2001/2002.
IV. Consequences of Negative Action:
Without Board approval, the Preventative Maintenance and Minor Repair Programs for the Canyon
Lakes GHAD would not be instituted.
CONTRACT 6 .3
Standard Form Maintenance Services Agreement
1. SPT CTAT.TFRMS These special terms are incorporated blow by reference.
(See Secs.2,3) Parties: Public Agency - Canyon Lakes Geologic Hazard Abatement District
Contractor - Dover Comtruction
Effective Date: July 1,2001
(Sec Sec.3)Project Name,Number and Location:General Maintenance Activities;located in the Canyon Lakes
Community,San Ramon,California ores.
The work consists of on call maintenance services as described in Appendix A.
(See Sec.4)Duration: June 30,2002
(Scc Sec.4)Public Agency's Agent: Nancy Cunningham,Project Coordinator,William IL Gray and Company,Inc.
(See Sec.5)ContractLimit: $35,000
(See Sec.6)Federal Taxpayer's J.D.or Social Security No. 91-1769377
2. RIGNAT"RES&ACKNOWT.F.nrAtENT
Public Agency,By:
William R Gray and Company,Inc.
General Manager
Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1561 and 3700
concerning Compensa'o ,
By: — �aL
(Designate official capacity in the business)
By.
(Designate official capacity in the business)
Nnte M C013tractnr_ 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 must be that of the secretary,assistant secretary,chief financial officer
or assistant treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed
by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of S CfJ�7t� j ss. -
On the date written bel w,before m – `t
e, personally appeared(insert name and title
of the officer) % personaw known to me(or proved to me on the basis of
satisfactory evidence) to be the person(o whose name�045 wr- subscribed to the within instrument and acknowledged to me that
(J;�IwAhey executed the same in 4wir authorized capacity(ies), and that by(�eis.signatury on the irulrument the
pers9K or the entity upon behalf of which the persori(al acted,executed the instru rnent.
WITNESS my hand and official seal.
Dated: n1
(Notary's Seal) otary Public)
rq NANCY CUNNINGHAM
Cornmtsslon# 1221013
Notary Pubfrc-CaRinmla
(Page 1 of 7) Contra Costa County
AWCt mffLDpTwAAay7.320M
3, WMK MNTRACT. CHAMER (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,SPECIAL TERMS.
(b) Contractor shall,at his own cost and expense,and in a workmanlike manner,fully and faithfully perform and complete the
work and will furnish all materials,labor,services and transportation necessary,convenient and proper in order fairly to perform the
requirements of this contract,all strictly in accordance with the scope of work as described in Appendix A
(e) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the
parties;and the Public Agency shall never have to pay more than specified in Section 5,PAYMENT,without such an order.
4. TTMF• NOTI 'F.TQ pgnrFrn Conrractor shall start 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 compensation 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 limits) specified in the Contract limits without prior written approval of the
Public Agency. Contractoes 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 Contractor in accordance with the requirements of Civil
Code Section 3320 as applicable,
6, PAYWP.TTr!; Wer W-1.n (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 filed or reasonable evidence indicating probable filing,or
(3) Failure to properly pay subcontractors or for material or labor,or
(4) Reasonable doubt that the work can be completed for the balance then unpaid,or
(5) Damage to another contractor,or
(6) Damage to the Public Agency,other than damage due to delays.
(b) The Public Agency shall use reasonable diligenoc to discover and report to the Contractor, as the work progresses, the
materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any
defective work or parts.
7, VISI IR AN 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)Comprehensive General Liability Insurance,including blanket contractual(or contracnW liability)coverage,broad form
property damage coverage,and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of
32,000,000 for all damages due to bodily injury,sickness 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 William K Gray and Company,Inc.,Contra Costa
County,Canyon Lakes GIUD,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. RONDS Contractor shall provide, if the contract exceeds$25,000.00,at the time of the execution ofthis contract, and at no
additional expense to the Public Agency, a surety bond executed by an adrnittcd surety insurer in an amount equal to at least fifty
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. If the Contractor at anytime refuses or neglects,without fault of the Public Agency or its agent(s),
to supply sufficient materials or wo&7nen 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. LAWS APPLY Both parties recognize the applicability of various federal, state and local laws and regulations, especially
Chapter 1 of Part 7 of the Califomia 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 Code,especially in Sections 1775 and 1813,concerning prevailing wages and hours,
shall apply to this agreement as though fully stipulated herein.
11. ST TRCONTR ArTORS Contractor shall not subcontract any work witliout approval of the General Manager.
12. WAGE R ATT'-.c (a) Pursuant to Labor Code Scction 1773, the Director of the Department of Industrial Relations has
ascertained the general prevailing rates of wages per diem,and for holiday and ovcttimc work,in the locality in which this work is to
be performed,for each craft,classification,or type of workman nocded to execute this contract,and said rates arc as specified in the
call for bids for this work and are on file with the Public Agency,and arc 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 arc worked,the daily wage rate
is proportionately reduced,but the hourly rate remains as stated.
(c) The Contractor, and all his subcontractors, must pay at least 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,administrative,clerical or other non-manual workers as such)for which
no minimum Wvge 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. HOURS OF LABOR Eight hours of labor in one calendar day constitutes a legal days work,and no workman employed at any
time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided
in Labor Code Sections 1810-1815.
14. APPRF.NTTCF.S Properly indentured apprentices may be employed on this work in aocordance with Labor Code Sections
1777.5 and 1777.6,forbidding discrimination.
15. T)F.STRF TC) PRCIMCITF F.rnNC1MY nF rOWTRA CORTA 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. ASSTr.NMFNT The agreement binds the heirs,successors,assigns,and representatives of the Contractor,but he cannot assign
it is 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
Contractors surety or sureties,unless they have waived notice of assignment
17. NCI WAIVER 8Y PTTRT.Tr AGENCY 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 therefor, or any combination of these acts,shall not relieve the Contractor of his obligation to fulfill this
contract as prescribed;nor she the Public Agency be thereby estoppod from bringing any action for damages or enforcement arising
from the failure to comply with any of the terms and conditions hereof.
18. HOLT)HARMT FSS ANTI rNT)FXT,= (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 Gray and Company,Contra Costa County,Canyon
Lakes GRAD,Sands Construction,and their elective and appointive boards,commissions,officers,agents and employees.
(c) The liabilities protected against are any liability or claim 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 Agcncy 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 officer(s),agmit(s)or employec(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 insu=cc or other indemnification covering any of these matters,or that the alleged damage resulted partly from any
negligent or willful misconduct of any indemnitee,
19. rXC'AVATTO W 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 shoring,bracing.sloping,or other provisions to be made for worker protection
from die hazard of caving ground during trench excavation
20. RECORD RP.TFNTTC)N Except for records delivered to Public Agency, Contractor shall retain, for a period of at least five
years after Contractors receipt of the final payment under this contract, all records prepared in the performance of this contract or
otherwise pertaining to the work, 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 stage and federal
governments,at no additional charge and without restriction or limitation on their use.
21. T i.SF.DEPRIVATE E PROPERI 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. RFNTAT.ANI)WAG RATTC The statement of prevailing wages appearing in the Equipment Rental Rates and General
Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract.
23. CLAIMS 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. RUTDMIT17AT.OF PROPMAT,FOR SF_RVTCFS_ Contractor shall submit for consideration a proposal to renew annual
contract no later than May 15,2001 to the offices of the Canyon Lakes GRAD,located at 1820 Bonanza Street,Suite 204,
Walnut Creek,Cal ifomia 94596. Submittal shall be in written form and delivered via U.S.mail.
G:\Canyon Lal:es\Administration\Vcndors\Dover Construction\ConuactsVY 01-02\Dovcr 01-02 Maintenance Contruu doc
(Page 4 of 7)
Canyon Lakes 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 (GRAD) 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
limit 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.
(Pagc 5 of 7)
Canyon Lakes Geologic Hazard Abatement District(GI AD)
Dover Construction
Maintenance Services Contract
Appendix "B" Fee Schedule
Fee & Rate 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 COMMUCTiON
11741011arney Street
Livermore, Calif.94550
Ottice Pnone(925)373-4513
l
Datex.May 9, 2001
Fee & Rate Schedule
1 Juty 1,2001 to June 30,2002
FaR:Canyon LakG.HA.D.
c/o Wlilia R. Gray, General Manager, CHAD
1820 Bona za Street,Suite 204
Walnut Cr Calif.94568
CONSTRUCTION RATES
Regular Day &Standby Rates
Laborers: Stage 1 @ $40.16/hr.
Stage 2 @$43.74/hr.
Stage 3 @ $47.31/hr.
Group 1 @$51.30/hr.
(sktiied tabor ,jacMMmer, concrete saw, pipe
layers, concrete vibrators, chainsaw, etc.)
(Group 2 @$51.05/hr.
�ConcrLlte handlers, dumpers, laborers, & concrete
nforcing steel work)
roup 4 @$40.37/hr.
irirnming, mowing & landscape maintenance)
ump Truck Driver @ MOO/hr.
ement Mason @ $60.12/hr.
quipment Operator @ S67.96/hr.
abor ForemanAll Jobs @ $57.44/hr.
Foreman: All jobs @ $79.82/hr.
Pickup/Tools:All jobs @ $13.78/hr.
All Terrain Vehicle-All jobs @ x13.78/hr.
Gas Cutoff Saw All jobs @$125.00/day
Water Meter All jobs @ $69.00/day
Generator All jobs @$98.00/day
,Brushcutter(Weedeater) Ali jobs @ $56.00/day
I
Backpack Blower All jobs @ $45A0/day
B-38 cleaning-including cutting of weeds on each side of ditch,
;removal of dirt and debris with shovels, and blowing out of
remaining small debris with blower @ $ .58/ft (26,928 lineal ft. in
Canyon Lakes).
;All rates Include authorized contractor mark-up in compliance with
section 9-1.03 of the standard spect ications.
*AII other equipment rentals, materials and
jsubcontractors at cost & 20%.
j*Emergency Response & Saturday Rates for all
1personnei are at 1 1/2 times regular rates.
I*Sunday & Holiday Rates for all personnel are at
i 2 1/2 times regular rates.
Canyon Lakes Geologic Hazard Abatement District(GHAD)
Dover Construction
Maintenance Services Contract
Appendix"C"Resolution of Construction Claims
Attached
(Page 7 of 7)
CA Codes (pec: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.
(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.
20104.4. 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 1S-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 2.5 (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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