HomeMy WebLinkAboutMINUTES - 12052006 - C.23 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD s L = Contra
=_ 1 `•4
OF THE BLACKHAWK GEOLOGICAL HAZARD
ABATEMENT DISTRICT
Costa
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
oSrA coIT- c~ County
DATE: December 5, 2006
SUBJECT: RATIFY the decision of the Blackhawk Geologic Hazard Abatement District (GHAD) General
Manager, Richard Short, Kleinfelder, Inc. to execute a maintenance service agreement with Siteworks
Construction, Inc. in the amount of$85,000 to provide preventative maintenance services for the
period August 1, 2006 through June 30, 2007, Danville area. (Blackhawk GHAD Funds) (District III)
Project No. 7760-6X5147
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
RATIFY the decision of the Blackhawk Geologic Hazard Abatement District(GHAD) General Manager,Richard
Short,Kleinfelder,Inc. to execute a maintenance service agreement with Siteworks Construction,Inc.in the amount
of$85,000 to provide preventative maintenance services for the period August 1, 2006 through June 30, 2007.
FISCAL IMPACT:
There is no impact to the County General Fund. The Blackhawk GHAD is funded through assessments levied on
properties within the GHAD boundary.
CONTINUED ON ATTACHMENT: x❑ SIGNATURE: -
✓ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): L
ACTION OF F3OA D N ,�[/�(jt(/y'Y�,(�����' 02""PROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
n O COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS �/aYJ��/J/ST>/Pif/O� ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Warren Lai,Special Districts (313-2000)
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G:\SpDist\Board Orders\2006-Board Orders\12-05-06 BO Siteworks Blackhawk.doc ATTESTED AP e,w-,P2 �S� oLu4o w
JOHN CULLEN, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: County Administrator
Assessor
Auditor-Controller
Community Development BY: 8/ ,DEPUTY
County Counsel T
C.Field,Accounting
W.Lai,Special Districts
SUBJECT: RATIFY the decision of the Blackhawk Geologic Hazard Abatement District (GRAD) General
Manager, Richard Short, Kleinfelder, Inc. to execute a maintenance service agreement with
Siteworks Construction, Inc. in the amount of$85,000 to provide preventative maintenance
services for the period August 1, 2006 through June 30, 2007, Danville area. (Blackhawk GHAD
Funds) (District III) Project No. 7760-6X5147
DATE: December 5, 2006
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
According to Board Resolutions 86/139 and 86/210 the GHAD's responsibility is to oversee the prevention,
mitigation, abatement, and control of threatening landslides within the District.
The District currently maintains the adopted Preventative Maintenance program that addresses the prevention and
mitigation of landslide effects.
In June of 2006,the District solicited qualified contractors to perform District repairs for the fiscal year 2006/2007.
In July of 2006, four pre-qualified contractors were awarded contracts for major projects and preventative
maintenance work associated with the slope damage resulting from the heavy winter and spring rains. Siteworks
Construction was awarded a contract in an amount not to exceed$85,000 to provide slope repairs and preventative
maintenance.
CONSEQUENCES OF NEGATIVE ACTION:
Without Board of Supervisors approval,necessaryrepair and preventative maintenance work cannot be completed in
a timely manner.
. t
CONTRACT
(Standard Form Maintenance Services Agreement)
1. SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs.2,3) Parties: Public Agency-Blackhawk Geologic Hazard Abatement District
Contractor-Siteworks Construction,Inc.
P.O.Box 1324
Lafayette,CA 94549
Effective Date: August 1,2006
(See Sec.3) Project Name,Number and Location:General Maintenance Activities located in the Blackhawk community,
Danville,Califomia area
The work consists of preventative maintenance and minor repair services as described in Appendix A.
(See Sec.4) Duration: June 30,2007
(See Sec.4) Public Agency's Agent:Richard D.Short,General Manager,Kleinfelder,Inc.
(See Sec.5) Contract Limit: $85,000
(See Sec.6) Federal Taxpayers I.D.or Social Security No.
2. SIGNATURES&ACKNOWL.EDGMENT.
Public Agency,By:
Richard D.S%ort,Kleinfelder,Inc.
General Manager
Contractor,heryby also certifying awareness of and compliance with Labor Code Sections 1861 and
3700 concemiJsorkers' orwensation Law,
By: (/
(Designate official capacity in the business���hT
By: r ''
(Designate official capacity in the business)
Note to Contractor: For corporations,the contract must be signed by two officers. The fust signature must be that of the chairman of the
board,president or vice president the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant
treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.)The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of e-OIJT12-'k- eZS-r N )
On the daze written below,before me,the undersigned Notary Public,personally appeared the person(v)signing above for Contractor,
personally known to me(or$roved to me on the basis of satisfactory evidence)to be the person(,#)whose name([/)Wan subscribed to the
within instrument and acknowledged to me that he/shetthey executed the same in his/Lterl4@4 authorized capacity(ies), and that by
his/ltertkhek signature(a)on the instrument the person(s),or the entity upon behalf of which the person(a)acted,executed the instrument.
WITNESS my hand and official seal.
Dated: I 1 'T•26b(0 -
(Notary's Seal) (Notary Public)
NACKIE L.ALDRICH
Commission#1389382
ab
z _ Notary Public•California
Contra Costa County
Page 1 of 9 My Comm,Expires Dec 10.2006y
3. WORK CONTRACT.CHANGES. (a) By their signatures in Section 2,effective on the above date,these patties promise and
agree as set forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS.
(b) Contractor sba14 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.
(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 never have to pay more than specified in Section 5,PAYMENT,without such an order.
4. TIME;NOTICE TO PROCEED. Contractor shall start this work as directed by the General Manager of 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 not 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
services,the employee categories,hours and rates. Public Agency will pay Contractor in accordance with the requirements of Civil
Code Section 3320 as applicable.
6. PAYMENTS WITHHELD. (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 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
defective work or parts.
7. INSURANCE. A Contractor performing services under this contract shall provide at all times the following insurance in
amounts not less than those specked: (a)Workers'Compensation Insurance complying with the laws of the State of California;(b)
Comprehensive 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,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 Public Agency, Richard D. Short, Kieinfelde r, Inc., Sands
Construction Company,Inc.,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. BONDS. Contractor shall provide,if the contract exceeds$25,000,at the time of the execution of the agreement or contract for
the work,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 one-hundred percent(100%)of the contract price as security for the faithful performance of said agreement Contractor
shall also provide,at the time of the execution of the agreement or contract for the work,and at no additional expense to the Public
Agency,a separate surety bond executed by an admitted 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 on each of said bonds shall be satisfactory to the State.
9. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects,without fault of the Public Agency or its agent(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 famish sante and deduct the reasonable expenses thereof from the
contract price.
10.LAWS APPLY. General. Both parties recognize the applicability of various federal,state and local laws and regulations,
especially Chapter 1 of Part 7 of the California Labor Code(beginning with Section 1720,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. SUBCONTRACTORS. Contractor shall not subcontract any work without approval of the General Manager.
12. WAGE RATES. (a) Pursuant to Labor Code Section 1773, the 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 tate
multiplied by the number of hours constituting the working day. When less than that number of hours are worked,the daily wage rate
is proportionately reduced,but the hourly rate remains as stated.
(c) The Couttacxor,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
Page 2 of 9
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 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. HOURS OF LABOR. 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 the Contractor or by any subcontractor shall be required orpermitted 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 OF CONTRA COSTA. 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. The 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.NO WAIVER BY PUBLIC AGENCY.inspection of the workand(or materials,or approval of workand(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
requirement%of payments therefor,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.HOLD HARMLESS AND INDEMNITY. (a)Contractor promises to and shall hold harmless and indemnify from the liabilities
as defined in this section.
(b) The indemnities benefited and protected by this promise are the Public Agency,Richard D.Short,Kleinfelder,Inc.,Sands
Construction Company,Inc.,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 Agency approved the impmvrmant plans oraccepted the improvements as completed,and
including the defense of any suit(s)or action(s)at law or equity concerning these.
(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),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
indemnity has prepared,supplied,or approved any plan(s),drawing(s),specification(s)orspecial provisiou(s)in connection with this
work,has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any
negligent or willful misconduct of any indemnity.
19.EXCAVATION. 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 workerprotection from the
hazard of caving ground during trench excavation.
20.RECORD RETENTION. Except for records delivered to Public Agency,Conan=shall retain,for a period of at least five years
after Contractor's receipt of the final payment under this contract,all records prepared in theperformance 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 state and federal governments,
at no additional charge and without restriction or limitation on their use.
21.USE OF PRIVATE PROPERTY. 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.RENTAL AND WAGE RATES. 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.
Page 3 of 9
Blackhawk Geologic Hazard Abatement District (GHAD)
Siteworks Construction, Inc.
Maintenance Services Contract
Appendix "A" Scope of Work
Contract Tasks
Concrete Interceptor Ditches(B-58)
Clean designated segments of B-58 ditches as directed by the Engineer.
Cleaning shall consist of the following:
• Cut and remove vegetative debris from within the ditch and for six(6)inches on either side of
the ditch.Typically, vegetation removal adjacent to the ditch is accomplished using portable
weed cutters with non-metallic blades.Debris removal, for the purposes of this contract will
consist of spreading the removed debris adjacent to the ditch,on the downslope side. When
debris removal consists of off-haul,the contractor will be compensated by the District providing
prior arrangements have been made with the Engineer.
• Remove collected soil debris from the ditch. Accumulated soil debris shall be removed from the
ditch and spread adjacent to the ditch,on the downslope side.When soil debris removal consists
of off-haul,the contractor will be compensated by the District providing prior arrangements have
been made with the Engineer.
• Check and clear if necessary the associated drain inlets.All drain inlets at the termination of a B-
58 ditch must be free from debris and capable of collecting and conveying runoff.
Horizontal Drains
Provide labor and materials to restore,repair or maintain existing horizontal drain sites.
Restore horizontal drain outlets site including:
• Remove vegetation and debris around outlet
• Restore,repair or maintain the identification marker.
• Replace or repair drain outlet
• Attempt to locate and restore outlet site if reported"unable to locate"
Piezometer Monitors
Provide labor and materials to restore,repair or replace existing piezometer sites.
Restore piezometer sites including:
• Install retrofitting cap installation hardware to existing sites to restore a locking well
• Provide and install locks for all sites
• Restore,repair or maintain the identification casing
• Attempt to locate and restore damaged or unable to locate sites as directed
Page 4 of 9
Subdrain Outlets
Provide an inspection of all subdrain outlets including:
• Provide a site inspection to each site to confirm outlet condition
• Locate outlet location using GPS equipment
Winterization
Provide labor and materials resources to procure and install winterization materials as directed by the
Engineer,including:
• Install slope protection materials including;
o Plastic sheeting
o Erosion Control Blankets
o Erosion rolls—wattles
o Straw Bales
o Geo-synthetics
o Etc.
Emergency Response
Provide labor,materials and equipment to install erosion control and winterization materials,as described
above.Provide other emergency response assistance as deemed necessary by the Engineer.Provide resources
in accordance with the response level described below:
Response Level 1—Mobilize within 24 hours
Respond to a Level I call within 4 hours. Prepare and mobilize to any District location
within 24 hours.Provide the necessary workforce,materials and equipment.
Compensation for Level 1 is at the agreed(Normal)Labor and operated hourly equipment rates as defined in
this Contract
Response 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,materials and equipment
Compensation for Level 2 is at the agreed(Normal)Labor and operated hourly equipment rates as defined in
this contract(with a four(4)hour minimum for labor.
Response Level 3—Mobilize onsite within 2 hours
Workforce and equipment are on standby.Be prepared to mobilize to multiple District locations within 2
hours.Provide the necessary workforce,materials and equipment and maintain a sufficient workforce in the
District until released by General Manager or his designee(contractor must abide by federal,state and local
regulations regarding labor).
Compensation is at the agreed (Normal) Labor and operated hourly equipment rates as defined in this
contract.(with an eight(8)hour minimum for standby labor.Equipment will be compensated for standby
and active time at the agreed rates.
Other
Additional Response
Page 5 of 9
Blackhawk Geologic Hazard Abatement District (GRAD)
Siteworks Construction, Inc.
Maintenance Services Contract
Appendix°B"Fee Schedule
Page 6 of 9
Si Y EWORKS \ O VSTRUCWY , MC.
GENERAL ENGINEERING CONTRACTOR PO Box 1324 Lafayette, CA 94549
LICENSE 1/610597 FAX(925)256-8357 Phone(925)284-1437
EQUIPMENT RENTAL RATES
August 2006
LOADERS Bare
Descriow Day Week Month Operated
CAT 966-D Loader 587.50 2,350.00 7,000.00 165.00
5 yd Bkt,235 hp
45,000 Ib.dans
John Deere 210-LE 4WD Loader 250.00 900.00 2,700.00 125.00
Gannnon Box 4-in-1, 1 bkt.
Cat 226 Skidsteer Loader 195.00 780.00 2,340.00 95.00
5,600 Ib.Class,54 h
DOZERS/COMPACTORS Bare
Description Day Week Month Operated
CAT D8-K Dozer/Ripper 975.00 3,500.00 10,500.00 195.00
80,000 Ib.Class
CAT D6XL-R Dozer/Ripper 800.00 3,200.00 9,600.00 175.00
46,000 lb.Gass 6 way PAT Power/An kilt Blade
Dresser TD-7E Dozer/Ripper 300.00 900.00 2,600.00 125.00
14,000 lb.Class 6 way PAT Power/An leTtltBlade
CAT CP-433C Pad Compactor 365.00 1,450.00 4,300.00 130.00
15,000 Ib.Class,110 hp.,66"Drum
EXCAVATORS Bare
Description Dav Week Month O rated
Hitachi EX45OLC-5 Excavator 985.00 3,700.00 11,100.00 245.00
101,000 lb.Class,301 hp,66" 4 Bucket
Hitachi EX330LC Exc.w/thumb 775.00 3,000.00 8,900.00 215.00
72,000 lb.Class,240 hp,36"and 54"Buckets
Cat 315L Excavator w/thumb 525.00 2,100.00 6,200.00 155.00
38.000 Ib.Class,105 hp.24"&36"and 48"Buckets
Bobcat 331 Excavator 250.00 900.00 2,700.00 120.00
7,125 Ib.Class 40 hp.12",16",25"Buckets
Drill Auger Attachment w/12" 18"Drills&E>Qenstons 80.00 320.00 960.00 112.00
Breaker 500# Attachment 225.00 900.00 2,700.00 128.00
TRUCKS Bare
Description Day Week Month Opera
Volvo A35D Articulating Dump 1,200.00 4,400.00 13,000.00 255.00
35 Ton Capadty;6M;AB-Terrain w/Lttt Gate
International Water Truck 300.00 1,100.00 3,300.00 80.00
2000 Gal.Cap.
RENTAL TERMS&CONDITIONS
. All rates based on 40 hrs. per week& 168 hrs_per month.
. Operated rentals are based on prevailing wage rates.
. Certificates of insurance are required on all bare rentals.
. All rates are based on normal working conditions. Highly abrasive
or hard rock conditions will be billed at a premium.
. For bare rentals, renter is responsible for fuel,oil&minor maintenance.
. All transportation and taxes will be paid to and from job site by Renter.
. Renter is responsible for fire damage and repair costs.
Blackhawk Geologic Hazard Abatement District(GRAD)
Siteworks Construction, Inc.
Maintenance Services Contract
Appendix"C"Resolution of Construction Claims
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
Page 7 of 9
further 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
k 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 2.5(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(Title 4(commencing with Section 2016.010)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 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.
Page 8 of 9
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.
As stipulated in the Labor Code,Section 1861 each contractor to whom a public works contract
is awarded shall sign and file with the awarding body the following certification prior to
performing the work on the contract:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract"
Signature Date
LQL„'r OS 5 f'M,p
Print Name
Iq S
Name of Contractor C
Page 9 of 9
Contra Costa County
r
% z. Self Certification Form
_
`V Small Business Enterprise and Outreach Programs
All of the non-s tistical information provided in SECTION 1 will be included in the County's SBE and
Outreach Direc ory,which may be shared with County Departments, contractors,consultants,and others
in both electronic(internet, intranet, e-mail,facsimile)and paper formats, unless you indicate otherwise in
SECTION 5.
ECTION 1
NameofFirm'(Print) s� 1Ewt2k5 Srltuc IotJ TNC.
Street Address(City,State) {Zip Ctte0
I 2201 OAICvAt.g RD W,4,t,vvr CREEK S-ry
Mailing Address(City,State) (Zip Qde)
/ . P O. Qc a 132 LA r-AYET'r& C4 `1`f5 K9
(Area Code)Phone (Area Code)Fax No. E- 1
25-28(+-1 if3� �' 2S -2S6�35� �IeSeti�tC-�li we.
Is your main office located in Contra Costa County? Yes fa No
Business Entity Status
Check all appropriate boxes_ MBE O WBE ❑ DBE C9 SBEls� LBE ❑ DVBE ❑ OBE ❑
See Page 3 For Definitions)
For Statistical Purposes Only
Ethnicity ofOwne s): White jQ Black ❑ Hispanic ❑ Asian EK American Indian/Alaskan Native ❑
ECTION 2 Complete this section to certify as a Small Business Enterprise- (See Page 3 for Definitions)
State Certified SBE: Yes qzbL No
Certification No.: 13
Have your gross receipts for the past threeears averaged$10 million or less Do you employ more than 100 employees tggether
per year9 Yes '% No with affiliates? Yes No
Is your principal office located in California? Yes N No ❑
The officers reside in California? Yes XI No ❑
ECTION Complete this section to certify as a Minority Business Enterprise (MBE)and/or Woman Business
Enterprise(WBE) and/or Disabled Veteran Business Enterprise(DVBE) (See Page 3 for Definitions)
Check appropriate box:
Contractor Special Trade Contractor❑ Trucker ❑ Manufacturer❑ Construction Supplier❑ Vendor❑
Consultant(Service Provider ❑
Are you certified with any other agencies: Yes No
If"Yes"please list 10 a
C-AL-rTu N q� jW46 S 4M to 50Sic E Ot vELo VNGn� fZA RT
If you are a Contractor,are your annual gross receipts fourteen million dollars($14,000,000)or less. Yes in No U
If you area Special Trade Contractor,are your annual gross receipts seven million dollars($7,000,000)or less? Yes No (�
If you are a Trucker/Manufacturer/Supplier/Vendor,do you meet the SBA size standard? Yes No ❑
(For the specific SBA size standard contact the Affirmative Action Office 925 335-1045
Is your firm 51%owned and managed by one or more minority owners? Yes No
Is your firm 51%owned and managed by one or more women owners? Yes ❑ No (9
Is your firm 51%owned and managed by one or more disabled veteran owners? Yes ❑ No
Are the owners citizens or lawful permanent residents of the U.S.? Yes No Q
If you area DVBE,is your principal office located in the United States? Yes ❑ No ❑
Asa DVBE,do you reside in California? Yes ❑ No ❑
Revised 09/10/04
a:SBEOutreachSelfCertification See Other Side Page] of3
L
Contra Costa County
Small Business Enterprise and Outreach Programs
Self Certification Form
ECTION Work Conducted By Firm(Describe what your firm does.)
Construction
Vendor/Supplies
Consultant/
Service Provider
ECTION Acknowledgement of Publication
The undersigned acknowledges and agrees that the non-statistical information provided in SECTION I may be published in the County's
SBE and Outreach Directory which may be shared with County Departments,contractors,consultants,and others in both electronic
(internet,intranet,e-mail,facsimile)and paper formats,unless exceptions are noted below.
f�.I agree to publication of all SECTION I information.
❑ 1 do not agree to publication of the following(check all that apply):
❑ Street Address ❑ Phone Number ❑ E-mail Address
❑ Mailing Address ❑ Fax Number ❑Business Entity Status
ECTION Certification of Ownership
The undersigned is authorized to execute this Self Certification form on behalf of
v. 1�CDc 13 2 '-�}Fye, tTle Cs} S 4d7 , e of a e S a,ceF Il Wr`lG %RRa
Street Address(City,State,Zip Code) Name(s)of Owner(s)
And swears under penalty of perjury that our firm meets the definition of MBE,WBE,DBE,SBE,LBE,DVBE,and/or OBE set forth on
page 3 of this form and that all information contained in this form is true and correct.Any material misrepresentation will be grounds
for terminating
fan/purchase orders or contracts which maybe or have been awarded.
Signed in W,41-1vtl` C1ZErV- t C-9 6ew-ri- 6o.T-o
(City,County,State)
on �V N� 2-� '200 -S
By k es,T DeSeN.l- &sfaes.4
t 92s- 2 (T itle) ��33
(Signature) Area Code Phone No.
Return this Self-Certification Form to the department who sent you this form or.
Contra Costa County
Affirmative Action Office
651 Pine Street-10r"Floor
Martinez,CA 94553
.x••:air ttititt tt rfwx:r::t torr+sf t+ t t t*t tt*tFor
Department Use Onl ttt*t*tet tt***r* **a***fes*t#* tt***r**tax:
ECTION Departmental Concurrence
The undersigned department concurs in the above Self-Certification form and is satisfied that the applicant meets the requirements for self
certification as an MBE,WBE,DBE,SBE,LBE,DVBE,and/or OBE.
By
(Print Name) (Department)
(Signature of Department Head or Deputy) (Area Code) Phone No.
Date
Revised 09/10/04
a_SBEOutreachSelfCertification See Other Side Page 2 of
Note: This form should be forwarded to theAffcrmativeAction Office within 10 days of its
completion.
MBE, WBE, OBE, DBE, SBE, LBE, and DVBE Definitions:
A Minority Business Enterprise(MBE)is a business entity which is at least 51%owned and whose management and daily
business operations are controlled by one or mon:minorities who are citizens or lawful permanent residents of the United
States and a member of a recognized ethnic or racial group. The management operations,and control must be substantial,
real, and on-going on a regular basis.
A Women Business Enterprise(WBE)is a business entity at least 51%owned and whose management and dally business
operations are controlled by one or more women who are citizens or lawful permanent residents of the United States. The
management operations,and control must be real,substantial and on-going,on a regular basis.
A Other Business Enterprise(OBE)is any business which does not otherwise qualify as a Minority or Women Business
Enterprise.
A Disadvantaged Business Enterprise(DBE)is a small business concern(pursuant to Section 3 of the Small Business Act)
owned and controlled by socially and economically disadvantaged individuals. This means that socially and economically
disadvantaged individuals must own at least 51%of the business,and they must control the management and operations of
the business. DBE criteria is used only for state or federally funded projects that require DBE goals.
A Small Business Enterprise(SBE)is an independently owned and operated business;which is not dominant in its field of
a9cffr3 r` hir-h located in California;the officers of which are domiciled in California; and which,
�ffr:iatcs,:as 100 or fewer employees and average annual gross receipts of ten million dollars($10,000,000)or
less over the previous three years, or is a manufacturer with 100 or fewer employees.
- - -- - �:..: . .._—. .. •s..>s= a u ss cJ toicC of uii�irleSS iS 1o.'�tG'd wuutn u 1tf it:.°:[��.^.�� :..:
i:are,'r; Gosl_a County.
A Disabled Veteran Business Enterprise(DVBE)is a business concern certified bit the ardminietorin---t
-
__.: .�_..;::., „ /, .,..rrlca cf use vuneu acates wtu�a sernce-connectea disablt[y
sr
'J.) -i ent,and rha is also a resident of California,2)one or more disabled veterans own 51%percent of the firm, 3)the
!?+^rt.^SC.^ �, {e°y:y�4rr?!rf!F±o.ice_=!cr ft•sa�:�a .. ations are by one or more disabled veterans,and 4)it is a sole
,tills.
Revised 09"1 5/r,-' ,
-ice Other Side ,'a3d.i 01-:s
Form 1111'9 Request for Taxpayer Give form to the
(Rev.November 2005) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Intemal Revenue Service
t`i Name(as shown 91LXour income tax return)
t TEwia Co NS'TZVC-T/L ZNL,
0. Business name,if different from above
c
0
d m
CL oIndividual/ ❑ Exempt from backup
Check appropriate box:
E] l/
proprietor Corporation ❑ Partnership ❑ Other __________________ withholding
•a Address(number, vnd apt.or .de no.) Requester's name and address(optionai)
a`
x l3z
v
City,state,and ZIP code
CL
L4 E4cgme C4
rn
m Ust account number(s)here(optioW
(D
rn
1-74111 Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number
backup withholding.For individuals,this is your social security number(SSN).However,for a resident
alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other entities,it is
your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter. 619+6 IZ 13 1513 1 A
HMM Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)1 have not been notified by the Internal
Revenue Service(IRS)that 1 am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has
notified me that I am no longer subject to backup withholding,and
3. 1 am a U.S. person(including a U.S. resident alien).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.
For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement
arrangement(!RA),and generally,payments other than interest and dividends, you are not required to sign the Certification,but you must
provide your correct TIN.(See the' ctions on page 4.)
Sign signature of Data ►
Here U.S.person ►
Purpose of Form • An individual who is a citizen or resident of the United
A person who is required to file an information return with the States,
IRS, must obtain your correct taxpayer identification number • A partnership, corporation, company, or association
(TIN)to report, for example, income paid to you, real estate created or organized in the United States or under the laws
transactions, mortgage interest you paid, acquisition or of the United States,or
abandonment of secured property, cancellation of debt, or • Any estate(other than a foreign estate)or trust. See
contributions you made to an IRA. Regulations sections 301.7701-6(a) and 7(a)for additional
U.S. person.Use Form W-9 only if you are a U.S. person information.
(including a resident alien), to provide your correct TIN to the Special rules for partnerships.Partnerships that conduct a
person requesting it(the requester) and,when applicable, to: trade or business in the United States are generally required
1. Certify that the TIN you are giving is correct(or you are to pay a withholding tax on any foreign partners' share of
waiting for a number to be issued), income from such business. Further, in certain cases where a
2. Certify that you are not subject to backup withholding, or Form W-9 has not been received, a partnership is required to
3presume that a partner is a foreign person, and pay the
. Claim exemption from backup withholding if you area
U.S. exempt payee. withholding tax.Therefore, if you are a U.S. person that is a
!n 3 above, !f applicable, you are also certifying that as a partner in a partnership conducting a trade or business in the
PP Y fy 9 United States, provide Form W-9 to the partnership to
U.S. person, your allocable share of any partnership income establish your U.S. status and avoid withholding on your
from a U.S.trade or business is not subject to the share of partnership income.
withholding tax on foreign partners'share of effectively
connected income. The person whogives partnership
for
Note.If a requester gives you a form other than Form W-9 to purposes of establishing its U.S,status and avoiding
withholding on its allocable share b net income from the
request your TIN, you must use the requester's form if it is partnership conducting a trade or business in the United
substantially similar to this Form W-9.
States is in the following cases:
For federal tax purposes,you are considered a person if you • The U.S. owner of a disregarded entity and not the entity,
are:
Cat.No.10231X Form W-g (Rev.11-2005)
ACORD CERTIFICATE OF LIABILITY INSURANCE OPID z DATE(MM/DD/YYYY)
SITEWOl 07/07/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(WC) Heffernan Insurance Brkrs HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1350 Carlback Ave, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Walnut Creek CA 94596
Phone: 925-934-8500 Fax:925-934-8278 INSURERS AFFORDING COVERAGE NAM#
INSURED INSURER A: Liberty S.a Iua Tnauvance Co.
INSURER B:
S1teworks Construction, Inc. INSURER C:
P.O. BOX 1324 INSURER 0:
Lafayette CA 94549-1329 -- ---------
INSURER E:
COVERAGES
'THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
S DO POLI Y EFFECTIVE POLICY E PIfl ATI N
LTR NSRIJ TYPE OF INSURANCE POLICY NUMBER DATE MM/DDIYV DATE MMIDDIYV LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
-DAWNGEMRENTEU
A I XX COMMERCIALGENERALLIABILITY DGLSF184509025 07/09/06 07/09/07 PREMISES Eaoccurence) E 50,000
r—t�
CLAIMS MADE I--Yi OCCUR MED EXP(Any one persom $0
X $5,000 DED/OCCUR PERSONAL B ADV INJURY $1, 000,000
X Per Project GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO s2,000,000
X POLICY PRO LOC Ben. 0
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS
- BODILY INJURY E
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $ ^
E
DEDUCTIBLE $
RETENTION $ -- -`- $ --
WORKERS COMPENSATION AND TORY LIMITS - ER -
EMPLOYERS'LIABILITY _
_. -..... .-.. _ E.C.-EACH ACCID hl" -
ANYPROPRGTOWPARTNER/EXECUTIVE ------- --------------
OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT?SPECIAL PROVISIONS
Re: General Maintenance Activities located in the Blackhawk Community
performed for the certificate holder by the named insured. Blackhawk
Geologic Hazard Abatement District, and Richard D. Short, Kleinfelder, Inc.,
Sands Construction Company, Inc. , their boards, officers and employees are
named additional insured as respects General Liability as per attached (#)
CERTIFICATE HOLDER CANCELLATION
BLACKH6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Blackhawk Geologic Hazard IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Abatement District
4125 Blackhawk Plaza Cl., #103 REPRESENTATIVES.
Danville, CA 94506 AUTHOR NTATIVE
ACORD 25(2001/08) 0 ACORD CORPORATION 1988
i
�® Cly �.._
IIV®TGrQ®e HOLDER CODE BLACKH6 SITEWOl PAGE 2
INSURED S NAME SiteworkS, Construction; Inc ; OP ID-Z ;` DATE 07/;07/06
(#) endorsement. *10 days for non-payment of premium.
Liberty Surplus Insurance Corporation
ENDORSEMENT NO. 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
Endorsement Effective: 07/09/05
Policy No: DGLSF184509015
Insured: Siteworks Construction, Inc.
ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION
SCHEDULE
Name of Person or Organization:
All Job Owners you have agreed to add as additional insured by written contract.
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
A. Section If — Who is An Insured is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of
your ongoing operations performed for that insured.
B. With respect to the insurance afforded to these additional insureds, the following
exclusion is added:
2. Exclusions
This insurance does not apply to "bodily injury" or "property damage" occurring
after:
1) All work, including materials parts or equipment furnished in
connection with such work, on the project (other than service,
maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the site of the covered operations has been
completed; or
2) That portion of "your work" out of which the injury or damage arises
has been put to its intended use by any person or organization
other than another contractor or subcontractor engaged in
performing operations for a principal as a part of the same project.
CGL 1037 1103 Page I of 1