HomeMy WebLinkAboutMINUTES - 09092003 - C.36 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHA.D)
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: September 9, 2003
SUBJECT: APPROVE and AUTHORIZE Richard D. Short, Kleinfelder, Inc., General Manager of the
Blackhawk Geologic Hazard Abatement District (CHAD) to execute a contract With Dover
Construction in the amount of $110,000 to provide maintenance services for the Blackhawk
CHAD, for the period July 1, 2003 through June 30, 2004, Danville area. (District III) Project
No. 7760-6X5147
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
L Recommended Action:
APPROVE and AUTHORIZE Richard D. Short, Kleinfelder, Inc., General Manager of the Blackhawk
Geologic Hazard Abatement District (CHAD) to execute a contract With Dover Construction in the
amount of$110,000 to provide ono call maintenance services to the District.
II. Fiscal Impact:
There is no impact to the County General Fund. Funding is 100%Blackhawk CHAD.
Continued on Attachment: X
SIGNATURE-- i `^
,,ECOMMENDATION OF COUNTY ADMINISTRATOR
�
RECOMMENDATION OF BOARD COMMITTEE
_
-XPPROVE OTHER
SIGNATURE(S). /
ACTION OF BO , N SMEMER 09 y X003 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT V )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
SE:CS:sr Supervisors acting as the CHAD Board on the date shown.
G:\GrpData\SpDist\Board Orders\2003\09-09-03 BO-(B)Dover($110,000).doc
Orig.Div: Public Works(Special Districts) SEPTEMBER 09 2003
Contact: Skip Epperly(313-2253) ATTESTED:
M. County Counsel JOHN SWEETEN,Clerk of the Blackhawk CHAD Board
Auditor-Controller of Directors and Board Administrator
L.Holden,Accounting
E.Whan,Eng.Svc.
R.Short,Kleinfelder,Inc. BY � � a
CHAD file&binder uty
SUBJECT: APPROVE and AUTHORIZE Richard D. Short, Kleinfelder, Inc., General Manager of the
Blackhawk Geologic Hazard Abatement District (GHAD) to execute a contract with Dover
Construction in the amount of $110,000 to provide maintenance services for the Blackhawk
GHAD, for the period July 1, 2003 through June 30, 2004, Danville area. (District III) Project
No. 7760-6X5147
DATE: September 9,2003
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 several years. Dover Construction has extensive experience in
responding to and assisting the GHAT) 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 GHAT) in previous
years in responding to homeowner reports of landslides and/or potential landslides.
Kleinfelder, Inc has negotiated and approved this maintenance services agreement between the
Blackhawk GRAD and Dover Construction for previous Fiscal Years and recommends approval of
Dover Construction's annual contract with the Blackhawk CHAD for Fiscal Year 2003/2004.
IV. Consequences of Negative Action:
Without Board approval, the CHAD Preventative Maintenance and Minor Repair programs would be
delayed.
CONTRACT
(Standard form Maintcnwice Services Agrecincnt)
1. Si'I;C l_AI.'1'iiILMS, l'hcsc special terms tiro incorporated below by refLrbncc.
(See Sccs,2,3) Purtic.; 11uhlic Agency I3lackhawk Clcologic Iicvird Abatvmcnt Divtrict.
t.'ontructor Dover Construction
lit3`cctivc Date: July f,2003
t`;ce Sce.:3) Project Name,Number and Locution:C3encral Muinleaunce Activities located in the Bluckhuwk community,
Danville.Lalilornia area.
1110 wiirk ecrrtaUMN 01'011-call mainwrimice services its ticscribcd iii Appendix A,
(Scc Sec,4) Duration: June 30,2004
(See Sac.4) Public Agency's Agent:Kichard 1).Shan,General Manager,Kicinibider, lnc,
(Sec Sec,S) Contract 1,imit: $110.000
(Sec Sce.6) Vcdcral 1'axpaycr's LD,or Social Security No.91-1769377
2. S1C iNA"l't JRF.S ACKNt)WI iEDGMIyNT.
- -_--_— ---- Public Agency, By:
Diehard f)•Shorl.Klcinlcldcr, rocs
Gcncrul Manager
C'onv;wtor,hereby alio certifying awareness of'and compliance with labor C,odc Section. 11161 and
3710VU Workcrs' csrttp nsat` aw,
(1)csiplate oflicial c pacity in the business.)
13v:_ :
{[7e.ignatc Orfieial capacity in the husincss)
Np(c to ntrnctor: the eontract must he si}tncd by two officer.. The f tr.tsignautrc must he that ol'thc chairman ol'the
board,presidcat or vice president;the second signature must be that of the secretary,assist:utt werctu.ry.chief'f inanciul olf icer or u"istwil.
tre:teurer. (C.yil Code,S etion 1 1 i90 and C'orptirations Code,Section 313) The Acknowledgment below must be signed by a Notary Public.
t't':tYII IC:A'iT OF ACKNOWLYDGMEN't'
State ol'Calil'ornia )
County of
Or. the d:ttc written below, hcl'orc roc, the undersigned Notary Public, personally appeared the person{4 signing above for Contractor,
persom lly known to me(ter proved to me on the:basis ol'sotisl'story cvidciiec)to k the pursonx whose n,une(x1 isliW suhscribed to the
within ictstrument and acknowlt;dgud to me thut lie/si+tYt#my executed the same ii; his/hem'di it authorized capacity(ie&), and that by
histh„ heir ignature(xg on the;instrument the person((),or the entity upon behall•of which the person(,$)acted,executed the instrument.
WIT'NE'SS my hind and official seal,
(Noiury's Sent) (Nut:iry f'tihlic) _....
i
SUSAN PEREIRA
COMM.#134W,71
~j NOTARY PUIBtlC—CALtfflt2NIA
sm JOAQUIN COUNTY M
My C,cmn. V*05,2n
;_ Wt Ft}C{t)N'#'1tAC 1`,GHANC;irS. (a) )ly theirs ignal.ures in Section 2,ctl`ec6vc on the above date,thea parties promise and agruc as
,c-,lorth in this contr-W. incorporating by these rcf`crcnct<-d the material in Section 1.SPECIAL TERMS.
{b) Contractor shall,at his own cost and expense,and in a workmanlike manncr,fully and!aithf ally perl'urrn and complete the work,
and will€umish ail materials,labor,services and transportation necessary,convenient and proper in order fairly to perform the requircmcros
ol'this eonteact..111 strictly iti accordanec with the%cope of work:as described in Appendix A.
(c) The work can be chanized only with Public Agency's prior written order spccitying;such change and its cost agreed to by the purties:
:incl the Public Agcncy shall never bave to pay more than spceiricd in Section 5, PAYM#x::'0''1',without:such an order,
4, TIMI NC)'1'lCt:`i'CS t'ltC?Ci bU. Contruclor shalt Start this work las directed by the 6cncral Manager or his Agent or the Nuucc u3
Proceed.and shall compictc if as spcciticd in Section 1.SPECIAL TERM$,
5. VAYMLNT. Public Agency skull pity('.oritractor for services performed at.the rates:shown in Appendix B attached hereto., which
inclutic all overhead and incidental cxpcstscs,for which no additional compensation shalt be alinwad. Notwithstanding the foregnin-those
incidental expenses specifically iienti/c)d in Appendix l3 shrill he rcirnbursahlc by Puhlic Agcncy to Contractor,provided that Contractor
'whin its Vop;cs ol`reveirbi:acrd,if applicable,a de,niled iniIvitge log to#'ubtic Ageney, In neat event.sit:all the it+i;tt iunount paid to{:ontt:ac tzar
exceed the payment limit(s) specified in the C,ontmairt limits without prior written approval or the Public Agency. Contratctor's billing
ru-atemcnts shall be submitted at convenient intervals alaprovcd by Public Agency and shall list, for cath itom of:crvices.the employee
c:uc},urieo, hours and nates, Public: Agency will pcty Contractor in ;tccortl;mcc with the rcqulretnents of Ovil Code section 31,20 ns
applicah!c.
t>, P�YMt;N'#': (it) The#'ublic Agency or its Agent miry withhold any payment,or because of*laterdiscovcrcd evidence
nuflily al#or any ccrti,lcuic tier payment,to such cxicnt and period ot'time oily as may he neccss:iry to protect the Public Agency from loss
because of:
(t) 1)cicc ivc work not remetlicd,or tinct mplcied work,or
(2) Claim:filed or reasonable evidence indicuting probable Jilin); or
(3) Fu.ilure tat properly pay subcontractors or for matcriiil or labor,or
(4) Rvasonithtc doubt that the work can he compictod for the balance then unpaid,or
(5) Damage to;another contr=actor,or
(6) Damage to the Public Agency,other than damage due to delays.
(ri) 'floc l'uhiie Agency shalt use reasonable tfiligence to discover curd report its the Contractor„is rise work proy,resscs,the rnatcri;ils wid
lahor which:arc not satisfactory to it,so us to avoid upper cSS:ary trouble or cost to the(contractor in making,good any defective work or
parts.
7, #iVti7 jt�ilN(�t A Contractor peribrming services uncia this contrast shall Provide;at all tunes the IbIlowing insurance,:in arnounts not
less than those specified: (a) Workers' Compensation insurance complying with the laws ol'the sitars of California: (b)Profc�sional
IJahility insurance with a minimum coverage ory1,000.000 and a maximum deductible or 5500,000: and(c)C'nmprchcnsivc Ocncru#
t.i:ahility Insuralice,including blanket contracilml((er uontractwit liability)Coverage.broad li)rin property :tnd covur.1ge ii+r
awned and non-owncd vehicles, with a minimum combined single limit coverage oi`51,()00,000 for all damitges due to bodily injury.
sickness or disease. or doath to any person, :and damage to property, including the loss ol`use themof, arising out of cacti accident or
occurrerscc,anti naming,Public Agcncy,Richard 1).;short,Klcinli!der,Inc.,Sands Construction Company,Inc_ihcir boards,orficcrs ntd
cmployccs us addif ionaa.l insured. Contractor is aware oraaad complies with Labor Code Stiction 37W rand the Workers'C:ornpct>,su#ion l Saw,
S. BON OS. Contractor shall provide, if ilre contrilct excued.%$25,000.at tlae time or#tic execisOon ol'the agrecnicn€or cuntruct for the
work,and at no additional expanse to the#'ublic Agency,it surety bond executed by an admitted surety insurer in w),unount equal to at.least
:ane-hundred pcn;cnt(100%)uI'the contract price ne security for the faithful performuncc of'said agreement. Contractor shall also provide,
at the rime of'thc execution oft}ac ag.rccmcnt or contract ibr O)c work,and at no:additional expense it)the Public Agency,a scpitratc Surety
bond cxccuted by an udmitted surety insurer it) an amount equal to at !Last filly percent(501%x)of the contract price as security for the
payment of all persons performing labor and furnishing materials in connection with said ago rncnC Sureties on each ofsaid bonds sliiill be
Salisfacaory to t#te date.
9. If the Contractor at anytime rcrusus or ncg)Axts,without fault of the Public Agency or its:agcnt(s),to
supply su Mcicnt mulcrials or workmen to complete this agreement and work as provided herein,for a period of 10 days or mon;aster written
notice thereof by(tic Public Ag iowy,the Puhlie Agcncy may flarnish sante and ttctfuc#the miasonable expc jiscs thercol'from thu contract
price.
('encrit!. #loth puriics rt et+ynirc the;tpplic iahitity tt1'vttrituas#idcr,tl,state arr<f to+cal taws aitd rcgut,+lions,c•ia�l i.ally
(I'uyc 2 of 7)
Charter t of Part 7 of the California Labor Codc(beginning with.Section 1720,and including Sections,1735,1777.5,and 1777.6 forbidding
diseriminaalion) and intend that thin gxccmcnt complies therewith, The p ar'tics spcci£ica:ly stipulate th;a the relevant pcnaltie, land
l'ortciturc,provided in the Lahc>r Codc,especially in.Sections 1775 and 18 13,concerning prcvoiling wultcs.uad;usurp,shill/apply to this
agreement las though £'ally stipulatc<t herein.
£t. 4�llitt},tv:1;I CoI'Ut� t'ontr:actor shall no(s(abuoninwt any work without approval of the(icnerrnf Manager,
12. WAtij�t,�i;(,t�`j; (a) Pursuant to labor Code Section 1773.the Director of the I)cpartmcnt of Industrial Relation"has ascertained t.hc
/slatersI prcvailing rotes of wagcs per diem,arrd lir 11(11;d.ly and overtime work,in the locality in which this work is to be performied,fob c:u h
cr,rfl.claassil*ac:aIion,or iypc o1'work rnart necded it)execute this contract,wid,iiid rates are as.spceiIsed ir,the call liar bids tion this work and
arc on iilc with the Public Agency,and;are hereby incorporated herein.
(h) '/lois schedule of wage." is based on a working,(Illy of R hours unless otherwise spca;iilcdf and the daily rate is the hourly rate
tnultiptko: by the number of hours coaptittldng the working day. When less than that number ol'bours tore worked,the daily wage nate is
proper iunatciy rcducc-d.but the hourly rate remain.-as stated.
(c) Thy C'oninicior,and idl hip subcontractors,Inust pay:at least these rates to alt parson,orf this work,including;all tnivef,subsistence.
and fringe hcncCh payments provided aor by applicable collective barEAining aWcernents. All skilled labor not listed above must be gttid tat.
lets;i the waE,c scale estahlished by collective bargaining aprccmcnt for such labor in the locality where such work is being peribrmcd. Mt
hccomacs ncceNs:uy,£ior the Conimclor or iory subcontractor to etnploy,rny person in:a cnill,c lassilic atron or type ol'work(cxccpt executive.
.,upt;rvi,ory,tufmi;a£ptratiye,clerical or other non-manual workers as such)fir which no minimum wage rate is sTweilicd,the C`untrutoar. 11
inmncdiartely notify,the Public Agency which shall apply from the time of the initial employment of'the person affected and during the
continuance oi'such cmploymcnt.
B. t IOU RS OF LABOR. /light hours of labor in one calendar day constitutes a legal days work,and no workman employed at any time on
this work by th:;Coontractor or by,any suhcontractor shall be rctluircd or permitted to work longer thereon CxCepl nc provided in Labor Code
scc:litons lxl0-lx15,
14. APPl2 F,NTI_C1 5. Properly indentured appr=tieca may be employed on this work in accordance with labor Codc Sections 1777.5 and
1777.6,f<>rhid<#inp.discrimination,
15. DFIRF''l'()PROMC)TE ECONOMY OF CONTRA COSTA. The Public Agency do,ires to promote the industries and economy of
Conlnr('(>stzr county,ural£the('ontra ct<or thcrelbre is cncouragcd to use the producm.workmen.laborer,and mcchimics,ol'this Col3nry in
cvyry c:rsu where th,:price, (lures and quality:arc actual.
16. ASSICs_NMEN+T. The agreement binds the heirs,successors,wcsigns,and representatives of the Contractor.but he cannot tassigrs it in
whole or in pw-t,nor tory inonie,e due or to become(fue under it,without the prior written consent ol'lltc Pubic Ayency toad the('onlr:ictor,
surety or surctic::,unicss they have waived notice of w--ignmcm
17. ,�v'{) W V1 (Z y�(?t i�tj,l(�(.(;,N.LY-ln,pcct'son ofthc work and/or nintcrials, or approval of work and/or materials inspected.or
st.atcaaaent by:ray ot7'Icer,spent or employee of fhc Public Agency indicating the work or:any part thereofeonaplies with the requiremcnts or
pttymc:nts thcruf`or,or tiny combination of thc:c act;,shall not relieve the Contractor of his obligation to fulfill this contruc:t rasa prescr;bOU',
nor shall the Public Agency be thereby estopped from bringing tiny action for damage,,or enf'orccmcnt arising from the failure to comply
wilh:any ol'the terms and conditions hereof,
lot, f lC U7 LIAFtMI�L` S_ANI)JNl)f MNi�£,Yj (a) Contractor promises to and shall hold harmIcss and indemnify from the liabilities as
6cfinc(l in this swion,
(b) The indcmnities benefited and.pro(ectcd by this promise are the Public Agency, Richard 1). Short, K£cinfuldcr, Inc. , Sands
Construction Company. £arc.,and their elective and appointivc boards.commissions,ofriucrs,ugcnts and employees.
(c) 'I'hc liabilities protected against are:u)y liability or c€airat lir daamuge ol'uny kind allcI;cdly milli rvd,incurred or thrcatencx£beausc
of'Ictions defined below,including. but not limited to personal injury,death,property damagc,trespass,nuisance,inverse Condemnation,
n,tcr.i infringement.or nny combination of thcsc,rcgardlcs,of whether or not such liability.claim or damage w;tti unforesccabic at any
time hcl'ton:th;:l'uhlic Agency upprovod lh,;improvcment plums or accepted the iinprovecncaatp'Is completed,aand including,the deidnsc cal'
any suit(s)or action(s)at law or equity concerning these.
(d) '£'he aCtisraa.r'eatasiaai{Iiaahi€ity aro rny:as (sr arrrispiraat(nyy,lilreatt or port-nelrfigcat)ill conncetion with the stutter,covered by this
eonaratf and attributable to the contractor,,uhcontrartor(s').or any ollicer(s).agcm(s)or employrc(s)of unc or morc ofthom,
(c) Non-('ornditioras: The prtunisc wid agreement in this suction is not conditioned or dependent on whether dor nut away indemnity has
preparcd,suppI icd,or approved any pian(.;),drawing(s),specii ication(s)or spacial provlsion(s)in connection with this work,hats insurance
or other indcmniCcaation covering any of ihcsc enttttcrs,or that the aticged(iamagu re.iltotl partly from arty oegligcnt or willful misconduct
t fl vly indemnity.
19.EXCAVATION. Contractor shall comply with the provisions of Labor Codc Scction 6705, if applicable, by submitting to Public
Ayctacy a detailed plan showing,the de-6gil ol`.shoring. hnlcirle',,lopiltr„or either prcrvisioaa.to be made liir worker protection from the
hazard ol'csving ground;!urine,trench cxcavation,
20,Rf COkl l)fU,, }:NTl_QN. I.xccpt Rrr rccords dctivcrcd to Public Agency,C.ontraetor shall rctain,fora period prat lw.t livcycauK aller
t'o�itructt>r'ti receipt tWthe final payment under this contract,all records prepared in the periitrmance ol'this eontruct or othcrwitc pertaining
to the work, including without fimitztion hidding,financial and payroll rccords. Upon request by Public Agency,Contractor shall rnake
<uch rccords avaiiahlc to Public Agency.or to authorized representatives til'Ihe.fatc and fedcrral gavcrnmentc,at no additional cha.Tc and
withtraat restrictitin t+r limil,ation tin their use,
21. USE OF PRIVATE PROPERTY. Contractorshall not use private property for any purpose in connection with the work absent a prior,
written agreement with the all'cctcd property owntx(,).
22. I ENTAi.AND WA(ilF,RA'V.S floe sw ernent of prevaailing wages appearing in the)?quipment!tenial Ratesnnd General t'n.wailing
WnF,c Roti:.is hereby specifically referred to and by this rcfcrcnec is made it purl or this contract.
23.C. '
I,'i�t ti, Resolution o1'cunstruetion cl.tims shall be handled ws out Iinc d in Article 20104 oi'ihe Public Con tract ode,attached to this
contract as Appendix C.
14iackhnwk GI 0.1,4W
(PogQ 4 oar 7)
Blackha,wk Geologic Hazard Abatement District (GHAD)
Dover Construction
Maintenance Services Contract
Appendix "A" Scope of Work
Under this contract, Dover Construetion(CONTRACTOR).agi-c:es to provide preventative maintenance
services and minor repairs) for the Geologic Hazard Abatement District(GITAD)on an"on call"basis.
This is a time and materials contract. Work, shall be authorized by Task Order and are approved and
issued by the General Manager. No work shall commence under this contract without a fully executed
Task Order.
Under the direction of the General Manager or his designee, CONTRACTOR agrees to perform the
following: provide the necessary workforce, material and equipment in accordance with the General
Conditions and at the agreed labor and operated hourly Lquipment Rates in Appendix l3 of this Contract
for the following Response Levels,
The Response Level will be established by the General Manager or his Designee.Response levels will be
instituted progressively. Level 1, Level 2, then to Level 3.
Response Level l - Mobilize within 24 hours
Respond to a Level 1 call within 4 hrs. Prepare: and mobilize to any District location within 24 hours.
Provide; the;necessary workl`t>rce, material and equipment.
Compensation is at the agreed Labor and operated hourly i:quipmcnt Rater in Appendix B.
Responsc level 2 - Mobilize within 4 hours
Respond to a Level 2 call immediately. Prepare and mobilize to any District location within 4 hours.
Provide the: necessary workforce, material and equipment.
Compensation is at the agreed Labor and operated hourly Equipment Raters in Appendix B,with a 4 hour
minimum for labor.
Response Level 3 - Mobilize onsite within 2 hrs
`work(`gree and equipment are on standby.Be prepared to mobilize to multiple District locations within 2
hours. provide;the necessary workforce,material and equipment,and maintain asuiticient worklt)rce in
the District until released by General Manager or his Designee.
Compensation is at the agreed Labor and operated hourly Equipment Rates in Appendix 13,with a 8 hour
minimum for standby labor. F,quipment will be compensated for standby and active time at the agreed
Rates in Appendix B.
{i'uNc g tri'7)
Blackhawk Geologic Hazard Abatement District (CHAD)
Dover Construction
Maintenance Services Contract
Appendix "B" Fee Schedule
1
July 1, 2003 to June 30, 2004
Contractor to he Maid Ior services performed on a Unit cost basis or at the rues shown on the attached
fee schedule dated June 5, 2003 from Dover Construction.
i >�,�,4 ri«r7i
DOVER CONSTRUCTION
2642 Pyramid Drive
Tracy, Ca 95304
Office Phone(209)833-0280
Fax(209)833--028'
DateJune 5, 2003
Fee & Rate Schedule
July 1,2003 to June 30, 2004
FOR: Eilackhawk G.H.A.D.
c/o Richard Short, Meintelder, Inc., General Manager, GRAD
Post Office Box 244
Alamo, Calif.94507
CONSTRUCTION RATES
Regular Day & Standby Rates
Laborers: Stage 1 @ S45.70/hr.
Stage 2 @ $49.90/hr.
Stage 3 @ $54.09/hr.
Group I @$58.69/hr.
(skilled labor-jackhammer, concrete saw, pipe
layers, concrete vibrators, chainsaw, etc.)
Group 2 @$58.47/hr.
(concrete handlers, dumpers, laborers, & concrete
reinforcing steel work)
Group 4 @$46.95/hr.
(trimming, mowing & landscape maintenance)
Construction Specialist @ $60.00/hr.
Dump Truck Driver @ $61.37/hr.
Cement Mason @ 57.43,/hr.
Equipment Operator $76.28/hr.
Labor Foreman:All jobs @ $66.69/hr.
Foreman: Ail jobs @ $90.64/hr.
Pickup/Tools:All jobs @ $21.58/hr.
All Terrain Vehicle:All jobs @ $16.78/hr.
Gas cutoff Saw All jobs @.$160.00/day
Water Meter All jobs @$100.00/day
Generator All jobs @$138.00/day
Brushcutter(Weedeater) All jobs @ $55.00/day
Backpack Blower All jobs @ $55.00/day
*All ether equipment rentals, materials and
subcontractors at cast & 20%.
"Saturday Rates for all personnel are at 1 1/2 times regular rates.
*Sunday & Holiday Rates for all personnel are at
2 1/2 times regular rates.
In reference to proposals for preventative maintenance program sent to
you on .lune 5, 2003 the price for cleaning of B--58 V-ditches will be a per
foot charge rather than an hourly charge.
($ .66 lineal foot-63,486 lineal feet in Blackhawk- totaling $41,900.76)
Last
Year's
Wages
Laborers % This Payroll Workmans Total Markup Total /lir.
increase Year's Tars Comp. Wages (33%)
Wage { 3.1°I) (%) Bond
Stage 1 (22.0$°la)
$24.70/hr. 2.9% $25.42/hr. $.3.33 $5.81 $34.36/hr, $11.34 $45.70
Stage 2
$26.901hr. 3.2% $27.75/hr. $3.64 $6.13 $37.52/hr. $12.38 $49.90
Stage 3
$29.09/hr. 3.4% $30.09/hr. $3.94 $6.64 $40.671hr. $13.42 $54.09
Croup 1
$30.72/hr. 6.3% $32.67/hr. $4.28 $7.21 $44.131hr. $14.56 $58.69
Group 2
$30.571hr. 3.1% $32.52/hr. $4.26 $7.18 $43.96/hr. $14.51 $58.47
Group 4
$24.86/hr. 5.0% $26.11/hr. $3.42 $5.77 $35.30/hr. $11.65 $46.95
Const.
Spec.
$31.47/hr. 6.0% $33.37/hr. $4.37 $7.37 $45.111hr. $14.89 $60.00
Dump
Track
Driver (11.22%)
$36.12/hr, 2.8% $37.12/hr. $4.86 $4.16 $46.14/hr. $15.23 $61.37
Cement
Mason (22.08%)
$35.71/hr. 5.0% $37.511hrr. $4.91 $8.28 $50.70/hr. $16.73 $67.43
Equipment
Operator (11.22%)
$43.60/hr. 5.0% $46.13/hr. $6.04 $5.18 $57.35/hr. $18.93 $76.28
Labor
Foreman (22.08%)
$35.32/hr. 5.0% $37.09/hr. $4.86 $8.19 $50.14/hr. $16.55 $66.69
Foreman (10.50%)
$52.51 fir. 5.0% $55.14/hr. $7.22 $5.79 $68.15/hr. $22.49 $90.64
Biackhawk Geologic Hazard Abatement District (GHAD)
Dover Construction
Maintenance Services Contract
Appendix "C" Rcsolution of Construction Claims
See attached the Public Contract Codc, Article 20104—20104.6
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•c failure to respond within the time prescribed,
respectively, and demand .an informal conference to moot 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 Dart 3 of Division 3.6 of Title 1 of the
Government Cade. For purposes of those provisions, the running of
the period of time within which a claim must be filed shah, 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 proccac.
(f) This article doe: not apply to tart claims and nothing in this
article is intended near 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 Fart 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, fallowing the
filing or responsive pleadings, the court shall submit the matter to
nonbinding mediation unless waived by mutual stipulation of both
Partico. The mediation proce--s 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 day-- from the commencement of the
mediation unless a time requirement is extended upon a good cause
showing to the court or by stipulation of bath partied. 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 remain: in dispute, the case shrill be
submitted to judicial arbitration pursuant to Chapter 2.5 (commencing
with section 1141. 1o) of Title 3 of part 3 of the Code of Civil
Procedure, notwithstanding Section 1.141.11 of that code. The Civil
(Discovery sect 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 thia subdivision con.irtent
with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation
of the pa.rti.ec, arbitrators appointed for purposes of this article
shall be experitnccd in conotruction law, and, upon otipulation of
the parties, mediators and arbitrators shall be paid necessary and
reasonable hourly rates of pay not to exceed their customary rate,
and ouch fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good `
cause, determines a differenc 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 tie novo but
http://www.leginfo.ca..../displaycodc?sec+%ion=pcc&group=20001-2 1000&fiSe=20104420144. 12/26/00