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TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD
OF THE CANYON LAKES GEOLOGICAL HAZARD
ABATEMENT DISTRICT _ ,a Costa
t — I;;�,�t' ;z
�a ,O
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR County
DATE: October 16, 2007
SUBJECT: RATIFY the decision of the Canyon Lakes Geologic Hazard Abatement District (GRAD) Manager,
Richard D.,Short, Kleinfelder Inc., or designee, to execute and award a contract with Dover
Construction, San Ramon area. (Canyon Lakes GHAD Funds) (District III)
Project No.: 7761-6X5148
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
RATIFY the decision of the Canyon Lakes 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 $55,000, to provide
'Preventative Maintenance Services to the GHAD, for the period August 31, 2007 through, June 30, 2008, San
Ramon area.
FISCAL IMPACT:
There,is,no impact on the County General.Fund.. The Canyon Lakes GHAD is funded 100%o through revenue
assessments levied on properties within the boundaries of the Canyon Lakes GRAD..
CONTINUED ON ATTACHMENT: ❑x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): pp
.ACTION OF BO D N'� APPROVED AS RECOMMENDED ��. OTHER
VOTE OF SUPERVISORS: I 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)
\
Q:\SpDist\Board 6st
\SpDist\Board Orders\2007\10-9-07 Canyon Lakes-Dover.doc ATTESTED vW, /a-, ce mo
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 Canyon Lakes Geologic Hazard Abatement District (GRAD)
Manager, Richard D. Short, Kleinfelder Inc., or designee, to execute and award a contract with .
Dover Construction, San Ramon area. (Canyon Lakes GHAD Funds) (District III)
Project No.: 7761-6X5148
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 contractor currently under contract with the District,has
the unique qualification to provide maintenance operations and emergency response assistance.
CONSEQUENCES 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)
I. SPGCIAL'M-KMS. 'these spacial terms arc incorporated below by reference.
(See Secs.2,3) Parties: Public Agency—Canyon Lakes Geologic Iiazard Abatement District
Contractor—Dover Construction
2642 Pyramid Drive
Tracy,CA 95304
Effective Date: August 31,2007
(See Sec.3) Project Name,Number and Location:Generul Maintenance Activities located in the Canyon Lakes community,
Danville,Calii'ornia area.
The work consists ol'on-call maintenance services as described in Appendix A.
(See Sec.4) Duration: June 30,2003
(See Sec.4) Public Agency's Agent:Richard D.Short,General Manager,Kleinfcldcr,Inc.
(See Scc:.5) Contract Limit: $55,000 Summary: B-58 Cleaning $25,000.00
Emergency Response $30,000.00
Contract N:
(Sec Sec.6) Federal Taxpayer's I.D.or Social Security No.
2. SIGNATURES&ACKNOWLEDGMENT.
Public Agency, 13)1.
Richard .Short,Klcinfcldcr,Inc.
General Manager
Contractor,hereby also certifying a+ renes&of and compliance with Labor Code Sections 1861 and
3700 ring Worke 'Com ` tion Law, �t
fay: c O W•LJC'c_
(Designate o tial capacity in the business)
By:
(Designate official capacity in the business)
Note to Contractor: [or corporations,the contract must be signed by two officers. The first signature MILS[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.Codc,Section 1 190 and Corporations Code,Section 313.)The acknowledgment below must be signed by nNotary Public.
CERTIFICATE OF ACKNOWI,EDGMEN'I'
State of California }
ss.
County Of ;C.n 3 Crt'A Ct 'J"l ri )
On the date written below,before me,this undersigned Notary Public,personally appeared(lie person(49)signing above for Contractor,
p. (or proved to me on the basis of satisfactory evidence)to be the person(&)whose name(&)is+are subscribed to the
within instrument and acknowledged to me that hakhcAJw-y executed the same in hiq+cr"thm authorized capacity(ires), and that by
hislherftheii signature(})on the instrument the person(g),or the entity upon behalf of which the person(*)acted,executed the instrument.
WITNESS my hand and official seal. 1 101 /, 1
Dai�' MARf'Ft A Gnl e r 4 �k•�I lr�� �`J r CAjV U,
(1106W �}1753125 i ' (Notary Public)
Z A NOTARY PUSUC-.CALIFORNtAE
SAN JOACUIN COUNTY
My COMM.Explres June?.S,20111Page 1 of 9
3. WORK CONTRACT.Q-lAT Q[',,S. (a) Ry ttlt:ir signatures iii Section 2,effective on the above date',ihcse parties prorrrise and agree as set forth in
this contract,incorporating by these references the material in Section 1,SPECIAL TERMS.
(b) Contractor shall,at his own cast and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and will fumish
all materials,labor,services and transportation necessary,cgnvenient and proper in order fairly to perform the requirements ofthis contract,till striedy in
accordance.wilh the scope of work as described in Appendix A.
(c) Tlic work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the paries;and the
Public Agency shall never have to pay more than specified in Section 5.PAYMENT,wvithout.such an order.
4, TIivIE;NOi ICE TO PROCEED. Contractor shall start this work ws directed by the General Manager ofhis Agent or the Notice to Proceed;and shall
complete it.as specified in Section I,SPECIAL TERMS.
5. 1'AY IFNT. Public Agency shall pay Contractor for services performed at the rates shown in Appendix Il attached hereto.,which include all overhead
and incidental expenses,ibr 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 ntileaLe lag to Public Agenev. In not event shall the total amount paid to Contractor exceed the payment limit(s)specified in the Contract limits
without prior written approval ofthc Public Agency.Contractor's billing statement;shall be submitted at convenient intervals approved by PublicAgcncy
and.shall list,for each item of services,lite employee categories,hours and rates. Public Agcncy will pay Contractor in accordance with the requirements
ol'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 cerulicate for payment,to such extent and period of time only us may be necessary to protect the Public Agency from loss because oE
(1) Defective work not.reniedied,or uncompleted work,or
(2). Claims filed or reasonable evidence indicating probable filing,or
(3) . failure to property pay subcnnlrrclors or for material or labor,or
(4) Reasonable doubt that the work can be completed for the balance then unpaid,or
(5j Damage to another contractor,or
((i) Damage to ilio 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 il,so its to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts.
7. INSURANCE. A Cinttriactor performing services snider this c:untract shall provide All.Ail I times the following insurance in amounts not less than those
spccifi d: (a)Workers'Compensation Insurance compt)-ing with clic laws of.the State of California;(h)Comprehensive General Liability Insurance,
including blanket contructual(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 tiny person,and
damageto property, including the loss of use thereof arising out of each ;Accident or occurrence. and naming Public Agency, Richard D. Short,.
Klcinfeldcr,lite„Sands Construction Company.Inc.,their boards,officers and employees as additional insured. Contractor is aware of and complies with
Labor Coale Seetiori 3700 and t1ie.Wia•kers•'Compensation I anv.
8. RnNDS..Contractor shill provide,il'tha contract exceeds$25,000,tit lite time of the execution oFill e 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 cxocution of the agreement
or contruct for the work,and.tit no addilional expense to the Public Agency,a separate surety bund executed by an admitted surety insurer in an amount
equal to at least fifty percent(50%)ofthe contract.price as security iur the payment of all persons perfanning labor and furnishing materials in connection
with said agreement. Sureties qn each of said bunds shall be satisfactory to the State.
9. FAi U)RE TO PERFORM. Ville Contractor al any time refuses or neglects,without fault oftlic.Public Agency or its agent(s),tosupply sullieient
materials or workmen to complete this agreement and work as provided herein,for a period of 10 clays or more after written notice tlicrcof by the Public
Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price.
10. LAWS APPLY, General. Both parties recof nize the npplicab iIily of various federal,slate and local laws and regulations,especially Chapter Io t'Purt
7 ofthe Ctilifornita Labor Code(beginning with Section 1720,and including Sections 1735, 1777.5,and 1777.6 ibrbid(lingcliscrimin ition)and intend that
this.agivement complies therewith. '['he parties specifically Stipaltne 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.
1 I. SUBCON"fRACTORS. Contiriu for shall not subcontract anv work without approval of the General Manager.
12. WAGr RA'H'-.S. (a) Pursuant to Labor Code&C6011 1773,the Director of the Department of Industrial Relations has ascertained the general
paevailing rates ufwagas per diern,Auld for holiday and overtime work,in the locality in which this work is to be performed,foreach craft,classification,
tar type of workman needed to execute this contract,and said rates meas specified in the call firr bids for this work and arc on file with the PublicAgercy.
and are hereby incorportted.hercin.
(b) This schedule ol'wtiges is bascd on a working day of 8 hours unless otherwise specified;and the daily ratc,is the hourly rate multiplied by the
nurinbcr of hours constituting the working day. When less than Ilial number of hours are worked,the daily wage rate is proportionately reduced,but the
Page 2 of 9
hourly rate remains as stated.
(c) The Contractor,Arid all his siibcoritractors,must pay at least these rales to all persons Of this work,including all travel,subsistence,and fringe
benefit payments provided for.by applicable collective bargaining agreements. Alt skilled labor not listed above must be paid at least the wage scale
established by collective bargaining agreeriieal for such labor in the locality where such work is being performed. 11'it becomes necessaryfor the
Contractor or any subcontractor to employ any person in a craft,clussif ication or type of work(except exLcutive,supervisory,administrative,clerical or
other non-manual workers as such)for which no minimum wage rate is specified,the Conlrictor sliall immediately notify the Public Agency which shall
apply from the time of the initial employment of the person of ecled:nit/during the continuance of such employment.
13. IIOURS OF I.ABOR. Eight hours of labor in one calendar day conslitutcs 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 or permitted to work longer thercon except as provided in Labor Code Sections 1810-1815.
14, APPRE&JQ S, Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6,
furbidding discrimination.
15. DESIRE 1.0 PROMOTE',ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the indtisvies and economy of Contra Costa
county,and the Contractor therefore is encouraged to use the products,worknicn.laborers and mechanics of this County in every Case where the price,
fitness and quality are equal.
16. ASST.G AMf NT. Tire agreement binds the heirs,successors.tissigns,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 die Contractor's surety or sureties,unless they
have waived notice ol'aecignment.
17. NO WAIVER B1'PUBLIC_AGENCY. Inspection of the work and/or materials,or approval of work andfor materials inspected.or statement by any
officer,agent or employee of the Public Agency indicating the wort:or any part thereof complies with the requirements of payments therefor,or any
combination of these acts,shall not relieve die Contractor of his obligatiori.to fulfill this contract its prescribed;nor shall the Public Agency be thereby
estopped from bringing any aciinn I'ordamages or enforcement arising from the lailure to comply with any of the terms and conditions hereof.
18. HOLD HARMLESS AND INDEMNITY. (a) Contractor promises to and shall hold hanuless and indemnify from the liabilities as defined in this
section. -
(b) The indemnities bcnctitcd and protected by this promise are the Public Agcncy, Richard D. Short, Kleinfelder, Inc, .Sainds Constniction
Company,Inc.,and their elective and appointive boards,commissions:otFccrs,agents itnd 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,mversecondeintiation,patent infringeinmit,or any
combination of these,regardless of whether or not such liability,claire or dliniage was unforeseeable at any time before the Public.Agency approval(lie
improvement plans or accepted the improvements as completed,and including the defense of any suits)or action(s)at law or equity concerning these.
(d) I`lie actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this contract and
attributable to flit:conlnictor,subconU•actor(s),or any officer(s),agcnl(s)or cmployee(s)of one or more of them.
(c) Non-Conditions: The promise and agree ment in this section is not condilioned or dependent on whether or not mry indemnity has prepared.
supplied,or approved any plan(s),drawing(%),specilication(s)or special provision(s)in connection with this work,has insurance or other indemnification
covering any of these matters,or(hat the alleged damage resulted partly from any negligent or willful misconduct of any indemnity.
19.EXCAVATION. Conlrrctor shall comply with the provisions of Labor Code Section 6705,if applicable,by submitting to Public Agency a detailed
plan.showing the design of shoring,bracing,sloping,or other provisions to be made for worker pro lec(ion from the hazard of caving ground during trench
excavation.
20.RF�COI-tD Rf:TFNTION. Except for records delivered 10 Public Agency,Contractor shall retain,for a period of at least five years after Contrnctors
receipt of the final payment under this contract,all records prepared in die performance of this contract or otherwise pertaining to tate work,including
without limitation bidding,financial and payroll records. Upon request by Public Agency,Con tractor shall make such records available to Public Agency,
or to authorized representatives of the state and federal govcmmcnts,at no additional Charge and without restriction or limitation on their use.
21.UST%017 PRIVXIT PROPERTY. Contractor shall not ase privuh: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. I'he statement of prcvailingw-ages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is
hereby specifically referred to and by this reference is inarde.a part of this contract.
23.CLAIh , Resolution of cunslniction claiins shall be handled as outlined in Article 20104 of the Public Contract Code,allachcd to this contmet its
Appendix C.
Paye 3 ul'9
Canyon Lakes Geologic Hazard Abatement District (GRAD)
Dover 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 quid 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-}caul, the contractor will be
compensated by the District providing prior.arrangements have been made with the
Engineer:
• Remove collected soil debris fi•om the ditch. Accumulated soil debris shall be removed
fiom the ditch and spread adjacent to the ditch,on the downslope side. When soil debris
removal consists of ott=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 nmoff.
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 toa.Level l 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 (Non-nal) 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 4.1iours. Provide the necessary workforce,materials and equipment.
Page4 of
Compensation for Level 2 is at the agreed (Nomlal) 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 quid equipment are on standby.Be prepared to mobil ize 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 Responses as.directed by the General Manager
Canyon Lakes Geologic Hazard Abatement District (CHAD)
Dover Construction, Inc.
Maintenance Services Contract
Appendix "B" Fee Schedule
Page 6 of 9
- DOVER CONSTRUCTION -
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: Canyon Lakes G.H.A.D.
4125 Blackhawk Plaza Circle.Suite 103
Danville, CA 94506
MAINTENANCE CONTRACT RATES
Crew Rates
3 Man Crew- $227.001hr.
3 Man Crew(OT)- $290.00/hr.
.4 Man Crew- $291.001hr.
4 Matt Crew(OT)- $373.00/hr.
Specialty & Standby Rates
Laborers: Stage 1 Ca) $54.47/hr.
Stage 2 C'$58.67/hr.
Stage 3 Q $62.86/hr.
Group.l @ $68.48/hr.
Skilled labor jackhammer,.concrete saw, pipe layers,
concrete vibrators, chainsaw, etc.
Group 2 L $67.22/hr.
Concrete handlers,dumpers, laborers&reinforcing steel work.
Group 4 CEP $55.99/hr.
Trimming, mowing& landscaping.
Construction Specialist Q $68.701hr.
Dump Truck Driver @ $77.19/hr.
Cement Mason @ $74.7911tr.
Equipment Operator 9 $98.08/hr.
Labor Foreman: All jobs Co) $77.62/hr.
Foreman: All jobs @ $114.35/hr.
Pickup/Tools: All jobs @ $22.00/hr.
All Terrain Vehicle: All jobs @ $16.00/hr.
Gas Cutoff Saw: All jobs C1 $122.00/day
Water Meter: All jobs @ $190.00/day
Generator: All.jobs @ $71.00/day
Brush cutter(Weedeater): All jobs @ $59.00/day
Backpack Blower: All jobs @ $47.00/day
Soil Pin Install Tool: All jobs @ $300.001day
* All other equipment rentals,
materials and subcontractors at cost& 15%.
* Saturday rates for all personnel are at 1 1/2 times regular rates.
Sunday'& Holiday rates for all personnel
are at 2 times regular rates.
Canyon :Lakes Geologic Hazard Abatement District (GRAD)
Dover 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.li-om 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, (13) 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.
20 104.2. For any claim subject to this article,the following requirements apply: (a)'rhe 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 noticerequirements otherwise provided by contract for the filing o-f 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 cla.im;.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. (e) (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 wTiting to all written claims within 60 days of receipt of the claim, or may
request, in writing,within 30 days of receipt of tile 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 he requested and provided pursuant to this
Pag 7 of 9
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 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(coniniencing with Section 910)of Part
3 of Division 3.6 of Title: 1 ofthe Government Code. For purposes of those provisions,the running
of the period of time within which a claim must be tiled shall be tolledfrom 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 ►neet 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(conunencing 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 Nvithin 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 flood 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 11.41.10)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 nova 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
Page 8 of 9
the other party arising out of the trial de novo. (c)The court may, upon request by any party,order
any witnesses to participate in the mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract. (b)In any suit filed under Section 20104.4,
the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest
shall begin to accrue on the date die 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'
9 - 17 -07
Signature Date
Print Name
Name of Contractor
Pagc 9 of 9
DATE(MIUDDIYYYY)
AC—ORD. CSR JR
CERTIFICATE OF LIABILITY INSURANCE noVMICSR J 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 PIIS 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 NAIC0
INSURED 114URERA Allstate
INSURER B: U,ut.L Cectrraetors I". 6'roup
Michael L. Dover INSURER C:
2642 PYra id rive INSURER D;
Tracy CA
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INOICATEO.NOTWITHSTANOING
ANY REQUIREMENT,TER161 OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,TAIL•INSURANCE AFFORDED BY THE POLICIES DE SCRIBE D HERELV 6 SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE.LIMITS SHOLYN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN LTR I POLICY NUMBER LIMITS
LTR 145R0 TYPF.OF INSURANCE DATE MJAADOJYY DATE MMAD
�GENERALLIABTLRY EACH OCCURRENCE 42,000,000
B X X coMmrRCIALGENERAL LIABILITY GL-CA007433 08/20/07 08/20/08 PREEN a o ufanc, S50,000
1-1I CLAIMS MADE IRDOCCUR LIED EXP(Any one pet wn) 35,000
X (Owner/C_O_nt Prot._ PERSONAL&ADV INJUHY $110-0-010-0-0–
j�.� GENERAL AGGREGATE s2,000,000
FI-ENLA13GREGATE LIMIT APPLIES PER. PRODUCTS•COMPJO?AGG f 1,000,000
POLICY F1
PHJrcT O• LOC
AUTOMOBILE LIABILITY CO)JBWD SINGLE LIMIT $1,000,000
A ANYAUTO 48643422 08/20/07 08/20/08 IEaacdcatn)
ALL OWNED ADIOS. BODILY INJURY
XCHEDULED.AUTOS (Par ponan) f
,X
HIRED AUTOS BODILY INJURY
X NON•O'ANED AUTOS (Par occowl) f
PROPERTY DAMAGE 3
(Pm aaciieN)
GARAGE LIABILITY I AU 10 ONLY-EA ACC4*14T 3
A14Y AUTO I{ OTHER THAN
I� AUTO ONLY: AGG f
EXCnWUMBRPLLA UABILITY I EACH OCCUHRENCF: 6
OCCUR l.J CLAIMS MADE f AGGREGATE 3
Or 3
RETENTION
WORKERS COMPENSATION AND (TORY LIMrI v' I ER
EMPLOYERS'LIABILRY E.L.EACH ACCIDENT 3
ANY PROPRIE1OItwPARTNER.T:XECUTIVE
OFFICEMMEMBER EXCLUDED? ( E.L,WSEASE•EA EMPLOYEE f
I yyeea aeacire,.dr.
SI'EGIAI•PRGVLS10N5 Calor I EL DISEASE-POLICY LIMIT I f
OTHER. I
I
UESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES;EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIUNS
Certificate Holder and the following named as Additional Insured as their
interest may appear:The Public Agency,Richard D. Short, Kleinfelder,Inc. ,
Sands Construction Company,Inc. and their elective and appointive
boards,commissions,officers,agenta and employees. Job:Maintenance activities
.on slopes around open space areas.
CERTIFICATE HOLDER CANCELLATION
NLh–2 SHOULD ANY OF THE A14OVE DESCRIBED POLCrI S BE CANCELLED BEFORE THE EXPIRATION
Canyon Lakes G.H.A.D. DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO NAIL 30 DAYS WRITTEN
General Maintenance Activities NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DD SO SHALL
4125 Blackhawk Plaza Circle IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER ITSAGeATS OR
Suite 103
Danville CA 94506 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25(2001108) ®ACORD CORPORATION 1989
FmrmW-9 Request for Taxpayer Give form to the
Pam.January 2005' Identification Number and Certification requester. Do not,
rlsaau®a d am.Tram" send to the IRS.
%MIS 9t m Tgym
nl kaftua(as JkMn on your trhmmet"reUrru),
cBustmesname.U Werer"Prorn
C) r ��S 1 r�-6L�. (t✓�
Ebternipt If"
Ch-*eAproprlafe bort Ga sale pTet Elcorporation ElPan rn irip ❑oxhar> .................. ❑vAIhhohowim backup
s address((,umber,street and or suito no.) RvW=bcer nano and eddcva(potiona4
e
CL o 4 FV ir-
�� c-City.stata.aid ZIP 07 -5 3 N �
m ljzt acamad nurnl4v%)bore lOpTorml)
m
KE U
H
Taxpayer Identification Number iN
Filter your TIN in the appropriate box.The TW provided must match the name given an Line 1 to avoid Social security number p Q
backup withholding.For individuals,this Is your social security number(SSN -However.for o resident 515 1519+a L45, ,7� l I 3 I rJ
alien,sole proprietor,or disregarded'entity,we tho Part I insinxtions on page 3.For other entiller,it Is
your empdoyer identification ntrrdner(BM.If you do not haves a number.see How to flet a Men page 3. or
Note.if.Ula account is in miere than om name,see the chart an page 4 far guidel-ores an whose manber Employer klomNleaaon nerna
W enter. W`i 1311 191
Sim Fri Certification
L?nder ponallies of perjury.I certify that:
t. The number shown on this fomn.is my correct taxpayer'den tlticalion number(or I am waiting far a number to be Issued to me),and
F 1 am rot subject to backup withholding bequsa(a)I am exempt from backup withholding,or(b)1 have not been notified by the Internal
Revenue Service ORS)that I amt subject to backup withholding as a result of a falAae to report all interest or dividends,or(c)the IRS has
notified ma that 1 am no longei subject to backup withholding,and
3. 1 am a U.S.person(chcuding a U.S.re3 kimd alien).
Certification iristructfom You must arms out Item 2 above if your have been notified by the IRS that you are currently subject to backup
auithfwlding bye you have hulled to report all"interest and dividends on your tax retirm Far real estato transactions.itern 2 does not apply.
For mortgage tntere3t paid.accA t 3fiion or abandonment of seared property,cancettabon of debt eonb%ut)ons to an Ufdviduid retirement
arrangement(IRW.and golly,payments other than interest and dividends„you aro not requamd to:ion the Cen)ficatim%but you must
provide your correct TINT.(See the instructions on ger aJ
Sign Signature ol
Here U.S.S.person► Date go-
Purpose
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
iRS,must obtain your correct taxpayer Identification number Regulations sections 301.7701-6(a)and 7(a)for additional
fnM to report,for example,income paid to you,real estate information.
ttransactions,mortgage interest you paid,acquisition or Foreign person.If you are a foreign person,do not 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 Taos on Nonresident Aliens
IU.S. person.use Form W-9 only.if.you are a U.S. person and Foreign Entities).
Qincluding 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 T1N you are giving is correct(or you are terms of a tax treaty to reduce or eliminate U.S.tax on
waiting for a number to be issued), certain types of income.However,most tax treaties contain a
2.Certify that you are not subject to.backup withholding. provrsh°n�'ownas a_fig clause Exceptions specified
to the saving clause may permit an exemption from tax to
a
3.Claim continue for certain types of income even after the recipient
e
41.5:exemptt payee.ettxi from backup withholding if you are a continue
otherwise become a U.S.resident alien for tax purposes.
Note.It a requester gives you a form airier titan Form W-9 to A vwm ism a l).S.TesWdm%Wien Vino is TP1l'q M 17n an
request your 77N,you.must use the requester's form if it is exception contained in the saving clause of a tax treaty to
substantlapy similar to this Fomn W,9. claim an exemption from U.S.tax on certain types of Income,
you must attach a statement to Form W-9 that specifies the
For federal tax purposes you are considered a parson it yotr following five items:
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 alien.
• A partnership.corporation.company:or association 2.The treaty article addressing the income.
created or organized in the United States or under the laws 3.The article number(a location)in the tax treaty that
of the United States;or contains the saving clauso and its exceptions.
Cal.No.10231X Form W-9 (Rev.1,2005)
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
I N S U R A N C 6
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 01-01-2007 GROUP: 000229
POLICY NUMBER: 0004347-2007
CERTIFICATE ID: 26
CERTIFICATE EXPIRES: 01-01-2008
01-01-2007/01-01-2008
CANYON LAKES GEOLOGIC HAZARD ABATEMENT DIS
4125 BLACKHAWK PLAZA CIRCLE 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 requirement, term or condition of any contract or ether document
with'rospeet 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.
t0R�IZEDREPRESENTATIVO 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, MICHAEL LAVERN DBA: DOVER CONSTRUCTION
2642 PYRAMID OR
TRACY CA 95304
M0408
tREV.2-051 PRINTED 12-15-2006
Contra Costa County
Self Certification Form
.n-
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,ea-mail,facsimile)and paper formats, unless you indicate otherwise in
SECTION-5.
ECTION 1
Name of Firm(Print) / +
Street Address(City,Stats) Code)
P&LAa �' tip+ b ' ��•r_ ± -�
Mailing Address(Ci e,State , 7 (Zip Code)
ppm t� 7��viL 3-=c-, �� C A ,
(Are CotJq}Ph V0 (A �]ate)Ftp 7 `s eK D[7v' •..a-maB
s2a:LTld�s St��-
Is your.main office located in Contra Costa County? Yes ch No �i G" 41K.-W. T`
Business Entity Status.
Check all appropriate boxes: MBE ❑ WBE ❑ DBE ❑ SBE X9 LBE ❑ DVBE ❑ OBE ❑i
See Page 3 For Definitions
For Statistical Purposes Only
Ethnicity of Owner(s): White Black C:1 Hispanic ❑ Asian ❑ American Indian/Alaskan Native ❑
ECTION t Complete this section to certify as a Small Business Enterprise. (See Page 3.for Definitions)
State Certified SBE: Yes Di No QJ
Certification No.:
Have your gross receipts for the Vast three years averaged$10 million or less Do you employ more than 100 employe together
ear? Yes No with affiliates? Yes U No
Is your;principal.office located in California? Yes IPL No ❑
The off cors reside in California? Yes ja No Q
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's Special Trade Contractor❑ Trucker Cl Manufacturer❑ Construction Supplier❑ Vendor❑
Consultant/Scrvice Provider ❑
Are you certified with any other agencies. Yes No
If"Yes"please list:
If you area Contractor,are your andual gross receipts fourteen million dollars($14,000,000)or less? Yes .IS " No
If you area Special Trade.Contractor,are your annual gross receipts seven million dollars(57,000,000)or less? Yes No
Ifyou are a Trucker/Manufaetttrer/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%awned and managed by one or more minority.owners? Yes U No 19
'Is your firm 51%owned and managed by orae or more women owners? Yes ❑ No .U
4s yet.f+4m SL°A avr�e�d and nraimged by ogre a t ie d+szld4ed ve etxet artveess'i Yes O No 3
Are theownerstitizens or,lawful permanent residents of the U.S 3 Yes No Q.
If you are:a DVBE,is your principal office located in the United States? Yes ❑ No ❑
As.aDVBE,do you reside in California? Yes ❑. No ❑
Revised 09/10/04
a:SBEOutreachSelfCertification See Other Side Page I of 3
Contra Costa County
Small Business Enterprise and Outreach Programs
Self Certification Form
ECTION Work Conducted By Firm(Describe what your firm does.)
Constnr den
10%� � �1 O•v �'Fi t rt'�l+`L et.:-:jCUVE . At J JT SLUA.Y—C
VendodSuppl ies
Consul47nt/
Service Provider
ECTION Acknowledgement of Publication
The undersigned acknowledges and agrees that the non-st distical.information provided in SECTION 1 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 arc noted below.
1 agree to publication of all SECTION I information.
Q 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
FGT[ON Certification of Ownership..
The undersigned is authorized to execute this Self Certification form on behalf of VOVEfz— CE'j
tjiqnc� oftF- rm+� _ 7cyE2
Street Address(City,State,'Lip Code) Name(s)of Owner(s)
And swears under penalty of perjury that our firm meets the definition of MBE,WBE,DBE,SBF,LBE,DVBE,and/or OBE set forth an
pave 3 of this form and that all information containedin this form is true and correct.Any material misrepresentation will be grounds
for-terminating auy purchase orders orcontracts which may be or have been awarded.
` � n
AN2fA—( fn LSignet.in
1, City,County,State)
on l.l1h--r .200
-111J e>
Si ature Area Code Phone No.
Return this Self-CertiCcation Form to the department who sent you this form or.
Contra Costa County
Affirmative Action Office
651 Pinc Street—10'"Floor
Martinez,CA 94553
•*r*##*#t########�#**#*****#*#*#*#►**#####FOr Dc arttnent Use Onl ***************I*r
F.CTION Departmental Concurrence
The undersigned department concurs in the above Sclf-Certification form and is satisfied that the applicant meets the requirements for self
certification as an MBF,WBE,DBE,SBE,LBE,DVBE,and/or OBE:
BY .
(Print Nnme) (Department)
(Signature of Department Head or Deputy) (Arra Code) Phone No.
Date
Revised 09/10104
wSBEOutreaclnSelfCertificatibn .. See Other Side Page 2 of 3
Note: This form should be forwarded to the Affirmative Action Office within 10 days of its
completiom
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 nec7ognized ethnic or racial group. The management operations,and control must be substantiat
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 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 off
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 isnot dominant in its field of
operation;the principal office of which is located in California;the officers of which are domiciled in Califomia; and which,
together with affiliates,has 100 or fewer employees and average annual gross receipts of ten million dollars($10,000,000)Cr
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 cc
Contra Costa County.
A Disabled Veteran Business Enterprise(DVBE)is a business concern certified by the administering agency as meeting an of
the following: 1)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 09/10104
a:Sl3E0utreachSelfCertificntion See Other Side PW 3 of a