HomeMy WebLinkAboutMINUTES - 10162007 - C.19 � •sE_.`
TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD ,;lam; �=�,, Contra
,
OF THE BLACKHAWK GEOLOGICAL HAZARD >`
ABATEMENT DISTRICT - Costa
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
SpA.COU14'� �~ C o u n ty
DATE: October 16, 2007
SUBJECT: RATIFY the decision of the Blackhawk Geologic Hazard Abatement District (GRAD) Manager,
Richard D. Short, Kleinfelder Inc., or designee, to execute and award a contract with Dover
Construction, Danville area. (Blackhawk GHAD Funds) (District III)
Project No.: 7760-6X5147
SPECIFIC REQUEST(S)Olt RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
RATIFY the decision of the Blackhawk GHAD General Manager,Richard D.Short,-Kleinfelder Inc.or designee,to
execute and award a contract with Dover Construction in an amount not to exceed$76;000;to provide Preventative
Maintenance Services to the GRAD, for the period August 31, 2007 through June 30, 2008, Danville area.
FISCAL IMPACT:
There is no impact on the County General Fund. The Blackhawk GHAD is funded 100% through revenue
assessments levied on properties within the boundaries of the Blackhawk GHAD.
CONTINUED ON ATTACHMENT: El SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ��
ACTION OF BOAR Oy✓//JJ��e74V /
--LL W V APPROVED AS RECOMMENDED (� OTHER
VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
. COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT. ) MINUTES OF. THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Warren Lai,Special Districts (313-2180)
\S
G:\SpDist\Board
G:\SDist\Board Orders\2007\10-9-07 Blackhawk-Dover.doc ATTESTED
JOHN CULLEN, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: County Administrator
Assessor'
Auditor-Controller
Community Development BY: DEPUTY
County Counsel
H.Heard,Special Districts
SUBJECT: RATIFY the decision of the Blackhawk Geologic Hazard Abatement District (GHAD) Manager;
Richard D. Short, Kleinfelder Inc., or designee, to execute and award a contract with Dover
Construction, Danville area. (Blackhawk GHAD Funds) (District III)
Project No.: 7760-6X5147
DATE: October 16, 2007
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The District annually contracts for general maintenance, winterization and preventative maintenance measure
services including, concrete v-ditch cleaning(B-58) and emergency response preparedness.
Dover Construction,in association with other maintenance contractors currently under contract with the District,has
the unique qualifications to provide maintenance operations and emergency response assistance.
CONSEOUENCES OF NEGATIVE ACTION:
Without Board approval; a significant amount of the Preventative Maintenance Program would not be
implemented, exposing developed properties and residences to additional risk.
CONTRACT
(Standard Form Maintenance Services Agreement)
1. SPECIAL TERA S. 'these special terms are incorporated below by reference.
(Sec Secs.2.3) Parties: Public Agency-131ackhawk Geologic Hazard Abatement District
Contractor-Dover Construction
2642 Pyramid Drive
Tracy,CA 95304
Effective Bate: August 31,2007
(See See.3) Project Name.Number and Location:General Maintenance Activities located in the Blackhawk community,
Danville.Caliloniia arca_
7'heayork consists of on-call maintenance services as described in Appendix A.
(Sec Sec.4) Duration: lune 30.2008
(SCC Set:.4) Public Agency's Agent_Richard D.Short,General h-tanager,Kleinlelder,Inc.
(Set;Set,5) Contract Limit: $76.000 SLrtnllaar'y: 13-58 cleaning $56,000.00
LrticrgencY Response $20,000.00
Contract 0: 1
(See Seca 6) Federal Taxpayer's I.D.or Social Security Nn_
2. SIGNA-"l JIZES&ACKNOWLEDGMENT. r.
t
Public:Agency,By:
Richard D. 'hors Klein elder,file.
General Manager
G)ntractor,hereby also certil'yin arencss of6aad compliance with Labor Code Sections 1861 and
j3o04Cbnt cr ting 1lr kers' m ens tion Law,
(Designate official ctrpacity in(hee business)
l3_v:
(Designate official capacity in the business)
Note In Contractor: For corporations,the contract must be signed by two officers. The first signature mustbe that of the choirnlan of the
board,president or vice president;the second signature mast be that of-the secretary,assistant secretary.chief financial officer or assistant
treasurer. (Civil Code,Section 1190 an(]Corporations Code,,Section 313.) The acknowledgment below must be signed by a Notary Public,
CERTIFICATE OF ACKNOWLEDC+IENT
State.ofC;alifornia 1
ss.
c h )
County°of
On the date written below,before Elle.the undmigned Notary Public,.persotlttlly appeared(lie person(e)signing above for Contractor,
persema}fs-lE+le Ee-t�e(or proved to etre on the basis of sat isfactay evidence)to be the person(f)whose name(-*)isfaresubscrilred to the
within instrument and acknowledged to ale that llehhrtthey executed the same in hi-Amrkthrk authorized capacity(iee), and that by
hisP%Crn �tP signaturc(-+4)on the instrument the person4),or the entity upon behalf ul'which Ilie person(s)acted,executed the instrument.
WlT1YEZSS myhand and official seal,fi. s
Dated:
0 40
t,t1L`>}A2 �A SOLANO (Notary Public)
COMM.# 1753125
Z' s NOTARY PUBLIC-CALIFORNIAN
SAN JOAQUIN COUNTY
My Comm.Expires June 25,2011 page 1 of.9
i. WORK CONTRACT,T,CII.ANGfS (a)By(heir sigriatures in Section 2,enactive on the above date,thesc.pan ics promise and agree asset foulh in this
conn-act,incorporating by these r+efcrences ilia material in Section I,SPECIAL TERMS.
(b) Contnaclor shall,at his own cost ani!expense,and in a workrnunlike 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
nu onitutcc with the scope of work as.described in Appendix A.
(c) The work can Ix changed only.with Public Agency's prior written order spccil' ing such change and its cost agreed to by the partits;and the Public
Agency shall never.have to pay more than specified in Section 5,PAY11. FNT,without such an order.
4. TIME;NOTICE TO PROCEED. Contractor shall start this work as dirrctcd by the General Manager of his Agent or die 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 13 attached hereto.,which include till overhead
and incidental expenses,Iii•wfiich no additional compensation shall be allowed. Notwillist andiug ilia 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,ifapplicable,adelailed mileage
hrg to Public Agency. .In not oven(sit aIt.ilia total amount paid la C:ontraclor exceed.Ilie payment limits)speci tied in(he 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 skull list,foreach item
ofservices,the.employee categories,hours,mil rates. Public Agency will pay Contructiir in accordance with ilia requirements of Civil Code Section 3320 as
applicable_
6. PAYMENTS WITHHELD (a) The Public Agency or its Agent may withhold uny payment,ar because oflater discovered evidence nullify all
or any certificate for payment,to such extent and period of time only is maybe necessary to protect the Public Agency front loss because of:
(1) Defective work not remedied,or uncompleted work,or
(2) Claims tiled or reasonable evidence indicating,probable filing,or
(3) Failure to properly pay subcon.truclurs or for matcrird or labor,or
(4) Rea_sonablc doubt that the work can tic completed.for the balance then unpaid,or
(5) Damage to another contractor,or
(6) Damage to rhe Public Agency,other than damage duc to delays.
(b) 111e.Public Agency shall use ie.wsonablc diligence to discover and report to the Contractor,as the work progresses the materials umd labor which are nut
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 Contruclor performing,services under this convect 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 Slate of California.,(b)Comprehensive General Liability insurance,
including blanket contractual(or contractual liability)average,broad fume property damage coverage,and caovenibe for owned and non-owned vehicles,with a
rniniinum.combined single.limit coverage of S20.)0,000 for all damages due to bodily injury,sickness or disease,or death to any person,and damage to,
properly,including the loss of use thereof,arising out of each accident or occurrence,and naming Public Agency,Richard D.Short,Kleinfelder,tile.,Sands.
Cimstruc[ion Company,1nc.,.iheir boards,uliicerS nod esruliloyces as additionalinsured..C;ontractor is aware of full complies with Libor Code Section 3701.1:
and the Workers Compensation Law.
8. BONDS. Contractor sfialLprovide,if the contract exceeds 525,000,at ilia time of the execution of the agreement or contract for the work,and at no
additionat expense to the Public Agency,it surety bond cxeculcd by an admitted surety insurer in an amount equhd 10[it lead one-hundred percent(100°io)of the
oniaract price as security fbr the faithful performance of said agrcement. Contractor shall also provide,at the time of the execution of the agreement or contract
for Ilio work,and ill no addilion[tl cxpentic to the i'uhlic Agency,it separa[c surely bond executed by an admitted SUrety insurer in an amount equal to at least
fi13y percent(50%)of the contract price as security 1'or the payment of all persons performing labor and furnishing materials in connection with said agreement.
Sureties frrh elicit W'Silid bonds shall Ile satisfactory to the State. '
9. FAiLURE TO Pi'RFORN•I, 1f lite Contractor at any tinicrelbscs ur neglecls.wilhout Ihult of the Public Agency or its agcni(s),to supply sufficient
materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or moreafter written notice thcreof by the Public
Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof front(lac contract price.
10. LAW5.A1'I'I.Y. General. Botlt panics rccugttizc die applicability of various federal.state and local laws and regulations,especially Chapter I of fart
7 ofllie Cal Labor Code(beginning with Section 1720,and inelitdinb Sections 1735, 17 77.5,and 1777.6 forbidding discriminalion)and intend thtit Ibis
ag-cement.complics 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. Sl.1BCONI TRAUrORS. C;ontrdctor shall riot subcontract any work without approval of the General Manager.
13. tWAGT, RATPS. (u) Puisn:ant to Labor Cea[r Sck:tion 1773, the Director of the Department of Industrial Relations has ascertained the general
prevailing rates of wages per dicot,and for holiday and overtime work,in the lourlity in which this work is to be Performed,for each craft,cl..msitication,or type
of worknhan needed to execute this contract,and said rates are its specified in the call for bids for this work'and are on file with ilia Public.Agency,and are
hereby incorporated herein.
I'ane 2 ol'9
(h) This schedule ofw•ages is hascd on a working day of 8 hours unless otherwise spccit ied;and the daily rate is the hourly rate multiplied by the nunthcr of
hours constituting the working day. When less than that nlunbcr of hours are worked,the daily wage rale is proportionately reduced,but the hourly rate remains
Lis stated.
(c) The Contractor,and all his subcontractors.nrtist pay at least these rates to all persons of this wort:,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 itbecomes necessary for(lie.Contractor or any
subcontractor to employ ainy.pe.rson.in a crall,classification or type of work(except executive,sUIVIN Ory,administrative,clerical or other non-manual workers
as such)for which no mininitim wage rate is specified,the Contractor shall immediately notify the Public Agency which shall npply from the time of the initial
employmenl 01.11110,person al'iccted and during the continualnce of such employment.
Q. t IOf1R5 OP LAI30R. Eiighl 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. .. APPRENTICES, Properly indcnttn•etl apprentices may be cntployed on this work in accordance with Labor Code Sections 1777.5 and 1777.6,
forbidding discrimination.
15. Df?SIR[:TO PROIt•10"1'1 ECONOMY C)P CONTRA C05Tek. 'Che Public Agency desires to promote the industries and economy of Contra Costa
county.and the Contractor therefore is encouraged to use the products,workmen.labours and mechanics ofIli is County in every case where the price,fitness
and quality are equal.
16. ASSIGNMENT. The agreement hinds the heirs,successors,assigns,and representatives of the Contractor;but he cannot msigiT it in whale or in part,,
,tor any monies due or to become Jiic under it.a ithout the prior written consent of the Public Agency anti the Contra for s surety or sureties,unless they have
N+.aivcd notice of assignnlcni.
17.. NO WAIVER I3Y PtJALILAGC�f Y;lnspect.iun of the work andhrr m:derials,ur approval of work:and/or materials inspected,or slatemcnt.hy tin y,
officer, agent or employee of the Public.Agency indicating the work or any part thereof complies with the requirements of payments therefor, or any
combiniation of these acts,shall not relieve Ilie Conlr actor of his ohligation to til tiII this cc)nu iet as prescribed;nor shall the public Agency be thereby estopped
front bringing;any action for damages or enforcement arising front the failure to comply with any of►hc.tcnns and conditions hereof.
I8. 1'101,D 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 auid pruleclet]by this promise are the.Public Agency,Itichard 1).Short,Meinfelder,Inc.,Sands C011StrlteliQrl Camlmny,lie.;
and their eleelive imd appointivC boards,commissions,oficers,agents and employees.
(c) The liabilities protected ugtinst are any liability or claim for danlngo of any kind allegedly sulTered,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
ofthcsc,regardless of whether or not such liability;claim or damage was unforeseeable at any time before the Public Agency approved the improvement plans
or accepteti the improvements as completed,and.including the defense of tiny suil(s)oraction(s)fit law or equity concerning these.
(d) The actions causing liability arc.any act OF otrtission(negligent or Trull-negligenQ in connection with the matters covered by this contract and atfribumble to
the contractor,subcontractor(s),or any officcr(s),agents)or cmploycc(s)of one or more of them.
(e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whctheror not any indemnity has prepared,supplicd,or
approved any plan(s),drawing(s),spccificaliort(s)or special provision(s)in connection with this work,has insurance or other indemnification covering any of
these matters,ur lhat the alleged danTag.e resultcd partly front any negligent or Avillful miseoitducl of mly indemnity.
14. EXC:A I&•J (114,, Cuittractnr shall comply with Iltc provisions of Labor Cods:Section 6705,if applicable,by submitting;to Public Agency a detailed
plan showing the design of shoring.bracing,sloping,or other provision~to he made[-or worker protection from the hayard of caving ground during trench
erctivEltiOn.
20. RECORD MENTION, Except I'm-records delivered to Public Agency,Contractor shall retain,for a ficriod of at Icast lire years atter Contractor's
ren eipliofthc final payment under[tris contnret,all;ricords prepared in Lhc.perfor irincc ofthis contract or otherwise pertaining to the work,including without
lirnif Nicol.bidding,financial aril payroll records. Upon request by Public Agency,Contractor shall make such records available to Public Agency,or to
authorized representatives of the state and ruderal g overnmutts,at two additional cluirge and without restriction or limitation oil their list:.
21. USE Or PRIVATE PROPERTY- Cootractor shall nit use priv,rtc properly lbr any purpose in connection with the work absent it prior,written
agreement with the affected property owner(s),
22. Rf;N'1'AL AND WAC1E RATES. Ilic statemcni of prevailing wages appearing int lie Equipment Rental Rales and General Prevailing Wage Rates is
hereby specirically referred to and by.this reference is made It part of this crnitnct.
23. CLAIMS: Resolution of construction claims shall be handled as outlined in Article 20104 of the Public Contract Code,attached to this eonli-act
as Appendix C.
Page 3 of!)
Blacklrawk Geologic Hazard Abatement District (GRAD)
Dover Construction, Inc.
Maintenance Services Contract
Appendix "A" Scope of Work
Contract Tasks
Concrete Irrterceptor Dilches (B-53)
Clean designated segments of R-58 ditches as directed by the.Engineer.
Cleaning sliall consist of the following:
• Cut and remove vegetative debris from within the ditch and 1:orsix(6)inches an 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 Mll consist cif spreading the removed debris adjacent to the ditch,onthe
downslope side. When debris removal consists of oi'f-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.
• Clieck 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.
F_mergeney 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 iii:accordance with the response level described below:
Response Level 1 —:Mobilize within 24 hours
Respond to.a Level 1 call within 4 hours. Prepare and mobilize to any. District
-location within 24 hours. Provide. the necessary .workforce, materials and
equipment.
Compensation.for Level l is at the agreed(Normal)Labor and operated hourlyequipment rates as
defined in this Contract.
Vage 4 of 9
Response Level 2 ' Mobilize within 4 hours
Respond to a Level 2 call immediately. Prepare and mobilize to any District
location%vithin 4 hours.Provide the necessary Nvorkforce,materials and equipment.
Compensation for Level 2 is at the agreed(Normal)Labor and operated Dourly 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, statt 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 Responses as directed by the General Manager.
Page 5 ol'g
Blackhawk Geologic 11,mird Abatement District (GRAD)
Dover Construction,Jnc,
Maintenance Services Contract
Appendix "B" Fee Schedule
P.kgc 0 Of 9
DOVER CONSTRUC11ON
2642 PYRAMID DRIVE
TRACY, CA 95304
209-833-0280
FAX 209-833-0289
Date: July 1,2007
Fee & Rate Schedule
July 1,2007 to June 30,2008
For: Blackhawk G.H.A.D.
4125 Slackhawk Plaza Circle, Suite 103
Danville, CA 94506
MAINTENANCE CONTRACT RATES
Crew Rates
3 Man Crew- $227.00/hr.
. 3 Man Crew(OT)- $290.00/hr.
44 Man Crew- $291.00/hr.
4 Man Crew(OT)- $373..001hr.
Specialty &Standby Rates
Laborers- Stage I @ $54.47/hr.
Stage 2 @ $58.67/hr.
Stage 3 @ $62.86/hr.
Group 1 @ $68.48/hr.
Skilled labor-jackhammer,concrete saw, pipe layers,
concrete vibrators, chainsaw, etc.
Group 2 @ $67.22/hr.
Concrete handlers,dumpers, laborers& reinforcing steel .work.
Group 4 @ $55.99/hr.
Trimming,mowing & landscaping.
Construction Specialist @ $68.701hr.
Dump Truck Driver @ $77.19/hr.
Cement Mason.@ $74.79/hr.
Equipment Operator @ $98.08/lir.
Labor.Foreman: All jobs @ $77.62/hr..
Foreman: All jobs e $114.35/hr.
Pickup/Tools: All jobs @ $22.001hr.
All Terrain Vehicle: All jobs 0 $16.001hr.
Gas Cutoff Saw: All jobs @ $122.001day
Water Meter: All jobs 0.$190.00/day
Generator: All jobs Q $71.00/day
Brush cutter(Weedeater): All jabs Q $59.00/day
Backpack Blower: All jobs C? $47.00/day
Soil Pin Install Tool: All jobs 0 $300.001day
All other equipment rentals,
inaterials and subcontractors at cost& 15%.
* Saturday rates for all personnel are at 1 112 times regular rates.
* Sunday & Holiday rates for all personnel
are at 2 times regular rates.
i
Blackhawk Geologic Hazard Abatement District (GRAD)
Dover Construction, Inc.
Maintenance Services Contract
Appendix "C" Resolution of Consiruction Claims
PUBLIC CONTRACT CODE
SECTION 20104-20104.6
20104. (a)(])This Article applies to all public works claims of three hundred seventy-five thousand
dollars($375,000)or less which arise behveen 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 l of Part 2. (b)(1) "Public work" has the sante mewling as in Sections 3100 and
3106 of the CiviI Code, except that "public work" docs 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 oil behalf of, the contractor pursuant to the contract for a public work and
payment of which is not othenvise 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 surninary.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, 1)9 1.
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.clairn within 45 days of receipt of the claim, or may request, in miting, 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 %witing 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 infomlation 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 30
days after receipt of the further documentation,or within a period of time no greater than that taken by
Page 7 of 9
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.iii 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 I (commencing with.Section 900)and Chapter 2(connnencing 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 n.iust 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 nut apply to tort claims and nothing in this article is intended nor shall be construed
to change the time periods foi f ling:tort claims or actions sgecif ed 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 com fenced 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.l 5-day period, anyy 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 114 1.1 1 of that code. The Civil Discovery Act
(Title 4(cotntnencing 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 put-poses of this article shall be experienced in construction law, arid, upon stipulation of the
parties, tttediators.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.aw�ard.requests a trial de novo but does not obtain a more favorable
judgment shall,in addition to payment ofcosts and fees under that chapter,pay the attorney's fees of
the other party.arising out of the trial de novo. (c) Tile court may, upon request by any party,order
any witnesses.to participate in the.ntediation 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 ort any arbitration award or judgment. The interest shall
begin to accrue on the date the suit is filed in a court of law:
l'age 8 of 9
As stipulated in the.Labor Code, Section 1861 each contractor to whom a public works contract is
awarded shall sign and filewith the awarding body the following certification prior to perfonning the
work on the contract:
1 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 perfonnance of the work of this contract"
[.?-Cj
Signature Date
Print Name
Name of Contractor .
Page 9 of 9
CSR JR DATE(MNfDDlYYYYI
ACORD_ CERTIFICATE OF LIABILITY INSURANCE DOVMI-1 09/18/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Roger Stevens Ins. Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
LIC #: 0604507 A PI I8 Member HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
14590 Mono Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sonora CA 95370
Phone: 209-533-2222 Fax:209-532-5317 INSURERS AFFORDING COVERAGE NAIC9
INSURED INSURER A' Allstate
INSURER W United Contractors Ina. Gtmap
Michael L. Doveip INSURER C:
2642 Pyramid rive INSURER D;
Trac95304
VISURER E: I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDDIO
ANY REQUIREMENT.TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUI&HT',MTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN.THE INSURANCE AFFORDED BY TME POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONnMONS OF SUCH
POLICIES.AGGREGATE Ltwrs SNO'.'M MAY NAVE BEEN REDUCED BY PAID CLAIMS.
INSR'ADD 4E--' OLIO PIR 71
LTR SRO TYPE.OF INSURANCE POLICY NUMBER DATE WAIDI), I GATE 111 J nR09 1 LIMITS
GENERAL LIABILITY EACH OCCURRENCE S1,000 OOO
-OIddAGrTCr
B X IC I COMNIERCIALOENERALLIA&GITY j GL-CA007433 08/20/07 09/20/08 PREMISES(Ea atrvencel 1150,000
CLAIMS MADE I X r OCCUR� MED EXP(Aro or*poison) S 5 1 000
X !Owner/Cont Prot. PERSONAL&ADV INJURY 3 1,000 000
GENERAL AGGREGATE 32,000,000
GEN'LAGGREGATE LIMTFAPPLIES PER: PRODUCTS-COIAPIOPAGG 11,000,000
POLICY f JELOC
AUTOMOBILE LIABILITY COMBWEO SINGLE LIMIT
A I AIIYALrro 4ee43422 � 08/20/07 09/20/08
IEaxddml) S1,00D,000
ALL OWNED AUTO$ BODILY INJURY
1�( SCHEDULEO AUTOS IPer person! S
1 X HIRED AUTOS BODILY INJURY S
X NON-OVL''NEDAUTOS IPer Acdderd)
PROPERTY OAkIAGE S
IPer ecdder7t)
I GARAGE LIABUTY I AUTO ONLY-EA ACCIDENT I
AFIY AU7i7 i I OTHER THAN EAACC S A
AUTO ONLY: GG I
I
EXCESWUNBRELLA LIABILITY. EACH OCCURRENCE $
OCCUR EICLAIM MADE AGGREGATE I
S
DDEDUCTIBLE _ I
RETENTION I I S
WORKERS COMPENSATION AND I � ITORY LDIITS
EMPLOYERS LIABILITY
E.L,EACH ACCIDENT Is
ANY PROPRIETOFbPART7IERIEXECLTfPJE
OFFICE RiMEMBER EXCLUDED? E-L DPSEASE-EA EMPLOYE S
We'd
dewlt* rndpr.
SI;E
I C IAL PROVISIONS Celar F.L.DISEASE-POLICY LIMY S
OTHER
OESCRIP'TIOq OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder and the following listed as Additional Insured
as" their interest may appear. Blackhawk G.H.A.D. , Richard D. Short, Klein
Felder, Inc. , Sands Construction, Inc. and their elective and appointive
.Boards, Commissions,Officers, Agents and
Employees. JOB: Maintenance Activities on slopes in open areas.
CERTIFICATE HOLDER CANCELLATION
BLAHA-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREAF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
B1ackHawk GHAD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO SHALL
General Maintenance Activities IMPOSE NOOBLIGATION OR LIABILITY OF ANY KRID UPON THE WSURER,TTS AGENTS OR
40125 Blackhawk Plaza Circle S
Danville CA 94506 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 26(2001108) ®ACORD CORPORATION 1988
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE.DATE: 01-01-2007 GROUP: . 000228
POLICY NUMBER: 0004347-2007
CERTIFICATE ID: 24
CERTIFICATE EXPIRES: 01-01-2008
01-01-2007/01-01-2008
BLACKHAWK GEOLOGIC HAZARD ABATEMENT DIST NB
4125 BLACKHAWK PLAZA CIR STE 103
DANVILLE CA 84506
This is to certify that we have issued a valid Workers' Compensation insurance.policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you 10 days advance.notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requiremonL term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms. exclusions. and conditions, of such policy.
TFfORIZED RE-PRESENTAT14EJ PRESIDENT
UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING:
THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER;
EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING
CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS'
COMPENSATION LAW.
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
EMPLOYER
DOVER CONSTRUCTION NB
2642 PYRAMID DR
TRACY CA 95304
M0406
UtEv.1 osl PRINTED 12-15-2006
Faxm W-9 Request for Taxpayer Give form to the
Flor.J'anum'W51 Identification Number and Certification requester.Do not
ta�sr ma d Ulutic�sY send to the IRS.
bmem�f ike,arKie?varra
Vi Harm las flumn on yrur 6morrm MK retuml.
a name,u abowc
u ���US'ii�CL`ti It✓!�
bOCkLIP
u Check aPpraprlate booClia Sola popiatw ❑Co�pora��on ❑Partnv In ❑O ► .................. ❑wilhholang
Address Number.street and or suit*no.l Rcrsre.-term rmna and add<Csa fpp¢ivaaq
, 99f
CL o Q �, v N�i,l VC
QW.��.and a C.
Val aroorntt mKnberW hmo loprartM C
Taxpayer Identification Number IN
Enter your TIN In the appropriate box.Tho TIN provided must match the name given an Line 1 to avoid seeW aeQnstty nuni61cr
backup withholding.For Individuals.lids Is your social security n um (SSW However.for a rssrdet►t I;7 l L3p
affen,sole proprietor,or dlsmgarded'entity,we the Part I i isbucltons on page 3.For other CnUtlt~.It is
Vous employer idenfifrration number(EIN).If you do not have a number,we How to got a TIN on page 3. or
Nota fr the account is In more than one ruwnw see the chart on poge 4 tier gukk&ws on whose number Eir r IdorrtHloatlorr
W enter. Iii W`i 1,3171 JrJJ
Certification
Under penalties of perjury,I certify that:
t. The number shown on this form is my correct taxpayer Identification number(or I am waiting far a number to be issued to meL and
2. 1 am not subject to backup wilhhoWhig because:(a)I am exempt from backup withholding,or(b)i haws riot been notified by the Internal
Revenue Service ORS)that I am subject to backup withholding as a result of a falhaa to report a0 btterest or dividends,or(c)the IRS has
notifimd rno that 1 am no longer subject to backup withholding,and
3. 1 am a US.person(mcludevg a U.S.resident alien).
CsrttAinstructions.You must cross out nein 2 above if you have been notified by the IRS that you are currently subject to backup
erithholding bemetrse you have filled to report all interest and dividends on your tax mons For r®I asfato transactions.item 2 does not apply.
For mortgage interest paid.acqufs-Mon or abandonnrient of secured property.eerx a atikx nt of debt eoribib l Ions to an individual retirement
arrengemertt ORA.and genenally,payments other than interest and dividends,you am not required to sign the CarWicatiom but you must
vxovide your correct TIN.(Seethe instructions onpige,4.)
Sign sy"h at
loom• us.'Person► �I �.-
Date► ' o l)-— O J
Purpose of Form
A person who is required to file an information return with the •Any estate(other than a foreign estate)or trust.See
Isis,must obtain your correct taxpayer Identification number Regulations sections 301.7701-Wa)and 7(a)for additional
(TIN)to report.for example,income paid to you,real estate irlformatlom
bvinsactions,mortgage interest you paid,acquisition or . Foreign person.If you are a foreign person,do riot use
abandonment of secured.property,cancellation of debt,or Form W-9. Instead,use the appropriate Form W-8(see
contributions you made to an IRA. Publication 515.Withholding of Tax an Nonresident Aliens
U.S. person.Use Form W-9 only if you are a U.S.person and Foreign Entities).
ijinctuding a resident alien),to provide your correct TIN to the Nonresident alien who becomes a resident alien.
person requesting It(the requester)and,when applicable,to. Generally,only a nonresident alien individual may use the
1.Certify that the TIN
to you are giving Q terms of a.tax treaty to reduce or eliminate U.S.tax on
correct(or you are certain types of income-However,most tax trealies contain a
waiting for a number to be issued), prwislion known as a`saAng clause.'Exceptions specified
2.Certify that you are not subject to backup withholding, in the saving clause may permit an exemption from tax to
or continue for certain types of Income even after the recipient
3.Claim exemption from backup wilhholdng if you are a has otherwise become a U.S.resident alien for tax purposes.
U.SNo exempt payee. y{Vw we a U.S.vesWerik Akm v6m is tetiymg ion m
Note:It a requester glues you a farm other titan Form tN-9 to exception contained in the saving clause of a tax treaty to
request your TIN,you must use the requester's form if it Is
.substan!Wly sfmliar to this Form W-9. claim an exemption from U.S.tax on certain types of income,
For federal tax purposes you are considered a person itou You must attach a statement to Form W-9 that specifles the
Y following five items .
are:
1.The treaty country.Generally,this must be the same
•An individual who is a citizen or resident of the United treaty under which you claimed exemption from tax as a
States, nonresident afien_
-•A partnership,corporation,company,or association 2.The treaty article addressing the Income.
created or organized in the.Un'Ited States or under the laws 3.The article number(err location)in the tax treaty that
of the United States,or contains the saving clause and its exceptions.
Cal.Pio.10231X Form W-9 (Rev.1-200M
Contra Costa County
Self Certificatlan Farm
Small Business Enterprise and Outreach Programs
All of the non-statistical information provided in SECTION 1 will be included in the County's SBE and
Outreach Directory,which may be shared with County Departments, contractors,consultants,and others
in both electronic(Internet, intranet,a-mail,facsimile)and paper formats, unless you Indicate otherwise in
SECTION 5.
ECTION]
Name of Firm(Print) +
aVE2 co,
uc i iE�J
Street Address(city,state) p Code)
Mailing Address(Ci ,State f� , C ,3G,((Zip Code)
(Are C_ocJa)Ph � 1s. ^ �yQ (At Cgde)F�t�t�l E-mail
`� O -}`' c� 5 Q cC DCS- . sa�-
Is your main office located in Contra Costa County? Yes U No (_, Nl::a it`► T-
Business Entity Status
Chcck�all appropriate boxes: MBE 0 WBE ❑ DBE ❑ SBE ?5 LBE ❑ DVBE ❑ OBE ❑!
See Page 3 For Definitions)
For Statistical Purposes Only
Ethnicity of Owner(s): White 14� Black ❑ Hispanic ❑ Asian ❑ 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 ❑i No U
Certification No.:
Have your gross receipts for the t three years averaged$10 million orless Do you employ more than 100 employe�to$�er
r ear?. Yes . No lJ I with affiliates? Yes Ql No W
Is your principal office located in California? Yes 14L No ❑
The officers reside in California? Yes No ❑
ECTION Complete this section to certify.as a Minority.BuAtiess.Eoterprise (MBE)and/or Woman Business
Enterprise(WEE) and/or Diabled Veteran Business Enterprise.(DVBE) (See Page 3 for Definitions)
Check appropriate box:
Contractor`% Special Trade Contractor❑ Trucker ❑ Manufacturer❑ Construction Supplier❑ Vendor Cl
Consultant/Service Provider ❑
Are you certified with any other agencies: Yes No
If"Yes"please list Ql
Jf you are a Contractor,are your am ual gross rtxeipts fourteen million dollars($14,000,000)or less? Yes 1 No QJ
'I f you are a Special Trade Contractor,are your annual gross receipts seven million dollars(57,000,000)or less? Yes No
If you are a Trucker/Manufacturer/Supplier/Vendoi,do you meet the SBA size standard.? Yes U No (�
(For the specific SBA size standard contact the Affirmative Action.Office 925 335-1045)
Is•yoiir,firm 51%owned and managed by one or more minority owners? Yes Lj No
Is your firm 51%owned and managed by.one or more women owners? Yes Cl No a
Ig"w fitm SL°A VWVW d wild mem aged by are of. vffTm!�i Yes Q ode ❑
Are the owners citizens or lawful permanent residents of the U.S.? Yes No 12
if you are a DVBE,is.your principal office located in the United States? Yes ❑ No ❑
As a DVBE;do you reside in California? Yes ❑ No ❑
Revised 09/10/04
a:SBEOutmachSclfCcrtification See Other Side Page 1 of 3
Contra Costa County
Small Business.Enterprise and Outreach Programs
.Self Certification Form
ECTION Work Conducted By Firm(Describe what your firm does.)
Construction
VendodSuppl ies
ConsulranV
Service Pmvider
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.
% I agree to publication of all SECTION I information.
0 I 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
FCTiON Certification of Ownership
The undersignedisauthorized to execute this Self Certification formf on behalf of boq (L—tjvw of �-t L 'C��-�
O�l�y�• C� �� lJ���1:. ��� YI �-!'1- �'J 3 e a K-tF- rfit L— L—-� 1J C)
Street Address(City,State,Lip Code) Name(s)of Owncr(s)
And swears under penalty of perjury that our Finn meets the definition of MBE,WBE,DBE,SBE,LBE,DVBE,and/or OBE set forth an
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 any urchase orders or contracts which may be or have been awarded.
Signed In [�(-�.��� S�.� �'v J4
— City,County,State)
on L� .200
ey +A>=L t Cti/' S`+tet
(D
C� w1-F�J2
P ' acne) Je) 50
Si aturo Area Code Phone Na
Return this Self-Certification Form to the department who sent you this form or.
Contra Costa County
Affirmative Action Office
651 Pine Street-101°Floor
Martinez,CA 94553
arrarrrraaaaaataarr:araaarrr*artaara.r+arrFOr Dc artment Use Onl :rrr�rarrarraorRrroaaaaaraaaaataaaaa*arrtta
EcnON Departmental.Concurrence
The undersigned department concurs in the above Self-Certification form and is satisfied that tha applicant meets the requirements for serif
certification.as an M13WBE,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
i:SBEOutreacliSel(CertiFication See Other Side Page 2 of 3
Note: This form should be forwarded to the Affirmative Action 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 more 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 Enterpdse.(WBE)Is a business entity at least 51°x6 owned and whose management and daily 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 co
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
operation;the principal office of which is located in California;the officers of which are domiciled in California;and which,
together with affiliates,has 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.
A Local Business Enterprise(LBE)is a business entity whose principal place of business Is located within the boundaries of
Contra Costa County.
A Disabled Veteran Business Enterprise(DVBE)is a business concern certified by the administering agency as meeting ag of
the following: t)a veteran of the military,naval,or air service of the United States with a service-connected disability of at
least 10 percent, and who is also a resident of California,2)one or more disabled veterans own 51%percent of the firm, 3}the
management and control of the daily business operations are by one or more disabled veterans,and 4)it is a sole
proprietorship corporation or partnership with its home office located in the United States and is not a subsidiary of a foreign
firm.
Revised 04/10/04
a:SSEOutreadiSelfeertification See Other Side Page 3 of 3