HomeMy WebLinkAboutMINUTES - 02122008 - C.3 (3) lb
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TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o`: -,; ;;� '� Costa,
DATE: February 12, 2008 °°s County
T'4 COUIZ'�
SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance,
Subdivision 90-07535,for project being developed by Lioness,Inc.,a California Corporation,dba
Camelot Properties, Byron area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ 9.0 for Subdivision 90-07535, accepting completion of warranty period and
release of cash deposit for faithful performance, for project being developed by Lioness, Inc., a California
Corporation, dba Camelot Properties, Byron area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The improvements have met the guarantee performance standards for the warranty period following completion and
acceptance of improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The developer will not receive a refund of their cash deposit, the Subdivision Agreement and
performance/maintenance surety bond will not be exonerated and the billing account will not be closed and
liquidated.
Continued on Attachment: SIGNATURE: ' /^G �
_ COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF BOOD ON 2 APPROVED AS RECOMMENDED OTHER
VO OF SUPE SORS
UNANIMOUS(ABSENT NO»C/ ) I hereby certify that this is a true and correct
V60
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
DS:vz
G:\EngSvc\BO\2008\02-12\BO-60 SD 90-7535.doc date shown.
Originator: Public Works(ES)
Contact: T,Rie(313-2363)
I.D.201024624
cc: Public Works -M.Valdez,M&T Lab ATTESTED:
-Construction JOHN CULLEN, Clerk of t Board of
-D.Spinale,Engineering Services
Current Planning,Community Development Supervisors and County Administrator
Lioness,Inc.
151 Sand Creek Road,Suite G
Brentwood,CA 94513
Atm:Dan Russell By , Deputy
Insurance Company of the West
1575 Treat Blvd.,Suite 200
Walnut Creek,CA 94598
Attn:Roberta Lehman
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 12, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho,
Bonilla, and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful
performance, Subdivision 90-07535, for project being developed by Lioness,Inc., a
California Corporation, dba Camelot Properties, Byron area. (District III)
On May 16,2006,this Board resolved that the improvements in Subdivision 90-07535 were
completed as provided in the Subdivision Agreement with Lioness,Inc., a California Corporation,
dba Camelot Properties and now on the recommendation of the Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
performance standards for the period following completion and acceptance.NOW THEREFORE BE
IT RESOLVED that the Public Works Director is AUTHORIZED to:
• REFUND the $2,225.00 cash deposit(Auditor's Deposit Permit No. 444047,dated
May 9, 2005) plus interest to Lioness, Inc. in accordance with Government Code
Section 53079 (if appropriate), Ordinance Code Section 94-4.406, and the
subdivision agreement.
BE IT FURTHER RESOLVED that the warranty period has been completed and the
Subdivision Agreement and surety bond, Bond No. 2127155, dated April 27, 2005, issued by
Insurance Company of the West, are exonerated.
DS:vz I hereby certify that this is a true and correct copy of an
G:\EngSvc\BO\2008\02-12\BO-60 SD 90-7535.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES) Supervisors on the date shown.
Contact: T,Rie(313-2363)
I.D.201024624
cc: Public Works -M.Valdez,M&T Lab
-Construction
-D.Spinale,Engineering Services ATTESTED:
Current Planning,Community Development JOHN CULLEN, Clerk of the Board of Supervisors and
Lioness,Inc.
151 Sand Creek Road,Suite G County Administrator
Brentwood,CA 94513
Attn:Dan Russell
Insurance Company of the West
1575 Treat Blvd.,Suite 200 By / , Deputy
Walnut Creek,CA 94598
Attn:Roberta Lehman
RESOLUTION NO.2008/
TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD _ �-==_• Contra,
OF THE BLACKHAWK GEOLOGICAL HAZARD
ABATEMENT DISTRICT - - Costa
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR •,— _ `' County
DATE: February 12, 2008
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 Siteworks
Construction, Inc., Danville area. (Blackhawk GHAD Funds) (District III)
Project No.: 7760-6X5147
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
RATIFY the decision of the Blackhawk GHAD General Manager,Richard D. Short,Kleinfelder Inc.or designee,to
execute and award a contract with Siteworks Construction, Inc. in an amount not to exceed $80,000, to provide
preventative maintenance services to the GHAD, for the period July 1, 2007 through June 30, 2008.
FISCAL IMPACT:
There is no impact on the County General Fund. The Blackhawk GHAD is funded 100%through revenues
assessments levied on properties within the boundaries of the Blackhawk GRAD.
CONTINUED ON ATTACHMENT: ❑x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO MMITTEE
APPROVE OTHER
c
SIGNATURE(S):
ACTION OF BO ONy`i.a lry�� APPROVED AS RECOMMENDED t/ OTHER
VOTE SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT �fj�/ ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Warren Lai,Special Districts (313-2180) -of
G:\SpDist\Board Orders\2008\2-12-08 Siteworks-Blackhawk-$80,000.doc ATTESTED G�
JOHN CULLEN, CL OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: County Administrator
Assessor
Auditor-ControllerAw�
Community Development BY: DEPUTY
County Counsel
V.Skerritt,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 Siteworks
Construction, Inc., Danville area. (Blackhawk GHAD Funds)
(District III)Project No.: 7760-6X5147
DATE: February 12, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Siteworks Construction,Inc.has previously worked with the Blackhawk GHAD in assisting in the implementation
of its Preventive Maintenance Program including minor repairs and emergency response. Siteworks Construction,
Inc.has demonstrated an ability and willingness to remain available and respond to emergency situations throughout
the rainy season to assist in averting or controlling landslides by providing emergency response assistance. They
have an intimate knowledge of the development and street locations; a local staging yard for equipment and
materials,and personnel knowledgeable in the mitigation techniques employed by the District. All of which allows
them to respond quickly to emergency situations
Additionally, Siteworks Construction, Inc. has shown diverse abilities to provide minor repair assistance to the
GHAD, from landslide repairs to infrastructure repairs and replacement.
Siteworks Construction,Inc. is willing to continue these services to the GHAD for the 2007/2008 fiscal year. The
General Manager recommends approval of this contract to facilitate the implementation of the preventive
maintenance program.
CONSEQUENCES OF NEGATIVE ACTION:
Without Board approval, the GHADs Preventive Maintenance program for fiscal year 2007/2008 would not be
fully implemented including the ability to respond to emergency occurrences.
CONTRACT
randard Form Maintenance -inent)Services Agree
,
lilese special vcial terms are incorporated IOVb 'lercIk c
C
,_A ALD�M
i
(See Svcg,2.3) Parties, Public Agency—
Contractor—SilewV"
o
P,O�Box 1124
1-arhyritc,( A 94549
I"Ifectivc Date. JUIN 1.200
(See See,3) Project Name,Number and Location:Gcneml Maiatcnmm Acts%itics located III lite Blackhawk commumlY.
mrivilte,California mml
'file work consists of on-call maintenance services as described in Appendix A.
(Sec Ste.4) Duration; June 30.2008
(Ste Scc.4) Public Agency's Ageav Richard 1), Shorn,Gencral Manager.Kicintekler,Inc.
(Sce scc,5) Contract Limit: $80.000
(See Sec.6) reden,I Taxpayers 1.13,or Social Sccul 11 No. (7 If--02.3 5
2.
Public Agency.BY:
4� i .'hurt."IRtichard 1), .,hOrt.Kleintelder.Liu:
General Manager
Contmclor,hactsy'also certifying awatencm of and compliance m,t1l I I abor Code Sections 1861 and
3700 conccMin ricers'Co Pe ton Law.
By —law-
kstgnate offict I came c husm SS I
BY'
(DoNignatc officwl % it,the business)
%we to C ontractor; t or corporaitionsti the contrw must be signed by ow otti"M lite lira signature must J)c that of the chairman of the
board,president of%I&c president.the second sipature artist be that of the sccretarY.assistant secretary-chiefflnune"al ofrlca orwistwl
�1190.nd�Cora�tlotlsCodc,section 311-�11vacknowledumcat below mustbesignetib allotaryPublic.
Od�1�100-I�111 ILI` -Y
C'ER'TIFICATE OF ACKNOWLEDGMENT
Stalcol
County to
underNotary Public.Pemd multv aPPear" 111c Perso"X signing above for Cw-uw
Onul -
On tile date written helov.,tw1orc MC,the unt c basis ot'swisfactory,evidence)to to the person whosenarticKs/ bsctibcd to the
b"
r0V and that by
personalk Wown to lite(Or A_to_nl_c—014L in his aut 0 'zed capac ty
me 'c Instrument.
within In'strument alt n4 gM to etre bat heiph#Wid� executed the qa -NTN,,d t
signature on the instrument the ,err lite entity upon behalf of%4hich the pm-on led.executed
WITNESS my hared and official seat.
Daled
C- BAY NA PUbho
010JI-ERNICBAY
Z
Page I a18 DARLENE C.
COMM.# 1552221
.4M.aR FEB.21,2V CONTRA C
M;-�COM COLIM-0 TARYKMC-Q��Q
OSTA COIJNN(I
COMM.EXP,FE&21,M
3, W—ORKCONIBACLJ��-HW�, (a)BY their signatures in Section 2.ctlective on the above date,thesc panics promise and agree asset forth in
this contract,incorporating by thcw references the material in Section 1,SPECIAL TERMS,
(b) Contractor shall,at his own cost and extscrisv,and in aworkmanlike inamics-,fully and faithfully perti.sirm find complete the work.and will furnish all
materials,labor.cervices and transportation nocessary,convcmcnt and proper its order fairly to perfirwrii the requirements of this contract.all strictly in
accordance with the scope of work as described in Appendix A.
(c) The work to be changed only with Public Agency's prior written order specilVing such change and its cost agreed to by the pubes.said the Public
Agency shall never have to pity more than specified in Section 5,PAYMENT,without such an order,
4 contractor shall start this work as directed by the Oencral Manager of his Agent or the.Notice to Pre ccc&and
shall complete it as specified in Section 1.151PECIAL TERMS,
5. 1!_AYML-N�J Pubt u;Agency iltal I pay Contractor lot services perfortned at the rates shown in Appendix R attached hereto.,which include all
overhead wO incidental expenses.for which no additional compensation shall be allowed. Notwithstanding the foregoing,those incidental expenses
sticcifically itmii&J in Appendix 13 shall he reimbursable by Public Agency to Contractor,provided that Contractor submits copies cif receipts mid,if
applicable.a detailed mikagi:log to Public Agency, In not event shall the total amount paid to Contractor exceed the payment limit(s)specified in the
Contract limits without prior written approval of the PublicAgency-Contructors billing statements small besubmittedat convenient intervals approved by
Public Agency and shall list,for each i1cin of services,the employee categories,hours and rates, Public Agency will pay Contractor in accordance with the
requircincrus;of Civil("Odc Section 3120 as applicable
6 PAYMLN-I'S Wl11lIIL`J,D, (a) The Public Agency or its Agent may withhold any paymcm or because of later d6covated cvidenct:malli(v
all of any certificate for payinent,to Such extent and period of time only as to ay be necessary to protect the Public Agency from loss bocause of
I) Detective work not remedied,or uncomphood work.or
(2) Claims filed or reasonable evidence indicating probable filing.or
(3) Failure to properly pay subcontractors or for material or labor,or
(4) Reasonable doubt that the work can be completed for the balance then unpaid,or
(5) Damage to another contractor.or
(6) Damage to the Public A>ency.other than damage thic to delays.
(hi nc Public Agency shall use reasonable diligence to discover mid report to the Contractor,as the work progresses,the materials and labor-Much are
not satisfactory to it,so as to avoid unnusessan trouble or cost to the Contractor in making good any defective work or parts.
7 A Contractor performing scmims under this contract shall provide wall litms the following insurance in amounts not less
than those specified. (a)Workers'Compensation lnsuttmcc complying with the laws of the State of California.(h)Comprehensive General Liability
Insurance.including blanket contractual(or contractual liability)coverage,bruadf6ma properly damage coverage.and coverage for owned and non-csivned
vehicles,with a minimum combined single limit covcnige of S2,(JM.000 for all damages due to bodily injury.sickne-%sor disease.or death to any person.
and dontage to property.including the loss(if use thereof;arising out of each accident or occurrience.and naming Public Agency,Richard D Short.
KicuslietWet,Inc_S"sConstruction Company.Inc..their boards.officers and employccsasadditionsidinsured Contractor isaware ref and complies with
Labor Code Section 3700 and the Workers'COmpensation Lwv
8, O.QNQ,&Contractor shall provide,il'thc contract exceeds$25,000,at the time of the execution ofClic agrocwent 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 tcwA one-hundred percent t l(X)%)
Of the contract price security tor the faithful perform nee of said agreement, Contractor shall also provide,at the time orthic execution of the agreement
(w contract for the wotk,and at no additional expense it)the Public Agency,aseparatc surety bond executed by an Admitted surety insurer in an amount
equal to at Imi filly percent(5(046)of the contract price as security tor the pisyment of all persons performing labor and furnishing materials in connection
with said agrmnivist. Sureties on each of said bonds shall he smishicim 1% it)the State.
9 �AJLURI- [OPERFQKM11-the Contractor at any time refuscs;or neglects,without fault of the Public Agency or its agcnt(s).to supply sufficient
stiatcrials or workmen to complete this agircement and work its provided herein,for a period of 10 days or mom after written notice thereof by the Public
AWncy,use Public Agency may Itimish same and deduct the reasonable expenses thereof from the contract price.
10 LAMi AfllyGeneral, Both patties recogran die applicability of various federal.qmy and local laws and regulations.especially Chapter I of
Ilan 7 of the California Labor Code(beginning with Section 1720,and including Sections 1735,1777 5,mid 1777.6 forbidding disairniiWismis)and intend
that this agrecinciat complies therewith. The parties specific ally stipulate that the relevant penalties and forfeitures provided in the Labor Code.especial 1%
in Sections 1775 and 18 13,coiscerningprevailing.wages and houmshall apply to this agreement as though fully stipulated herrn.
I I SQKON-L&,NCJ()XS_ Contractor shall not subcontract any work without approval ofthc Giciacral Manager.
I1. WAGEgAR-Is, (a) Pursuant to Labor Code Section 1773,the Director of the Departmentof Industrial Relations has ascertained the general
prevailing rates of wages per diem,and for holiday and overtime work,in the localit) in which this work is to be performed,for each craft.classification.
or type of workman needed to execute this contracL and said rates am asapse Jficd in the"It for bids for this work and are on file with the Public Agency,
and are hereby incorporated herein.
Page 2 of 8
(b) Ibis schedule of wages is based on a work-ingdity of hours unless otherwise specified,and the daily rate is the hourly tate multiplied by the
number of hours constituting the working day, When I m, than that number of hours am worked.the daily wage rate is proportionately reduced.but the
hourly rate remains as stated.
ic) The Contractor,and all his subcontractors, prat' must p .% thea,least thrates to all persons of this work.including all travel.subsistence,and tmigc
bLnefil payments provided ibr by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the w4c scale
CsI[abliNticil by collective bargaining agrectoctit for such labor in the locality where such work is being performed, If it becomes necessary for the
Contractor or any subcontractor to employ any pcmon in a craft,classification or type of work(except cxectitive,supervisory,administrative.clerical or
other non-manual workers as such)lir which no minimum wage rate isspcLificd,the( omractor shall immediately notify the Public Agency which shall
apply from the time of the initial employment(if the person att&tcd and during the continuance of such employment,
13, iIOUP-S Of LAUOR. Light hours of labor in one calendar day wastituto a legal days work.and no workman employed at any time on this.work
by the Contractor or by any subcontractor"I be required or permitted to work longer thereon except as provided in I Atbor Code Sections 181 ti-1815_
14 ArPJMjjCLS, Properly indentured apprentices may be employed on this work at accordance wails Labor Code Sections 17775 and 17777 6,
forbidding discrimination,
15- VESIM h)tKOMM FXQNOMX OF".?N'jHA t,-Q.U- Ilic Public Agency desires it)promote the industries and economy of Contra Cosu
county,and the Contractor therefore is encouraged to use the produets,workmen.laborcis,and mechanics of this County in every case where the price.
fitnev%and quutity am equal.
16, ANhj� 1 The agreement binds the heirs,successors,assigns,and representatives of the Contru-tor,but he cannot anigh it in whole or in
pa.rt,not any atonics due or to become due under it.without the prior written consent of the Public Agency and the Contractor's surety or Surctics,unless
they have waived notice ol'assignment,
17. NO WAIVI.!I BY III I UI IC AQI�NLY.Inspection cif the wcirk miJ or miticrtals,air approval of work aruilor iivatLmaals inspected or sUateriicni by any
officer.agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor,or any
combination of these acts,shall not relieve the Contractor of his obligation to fulfill this contract as prescribed.nor shall the Public Agency be thereby
estopped from bringing any action for dainages or enforcement arising from the failure to comply with any of the terms and conditions beftof.
18, 1-1011)1 IAR
LUTSSANDINDEMNITY (a) Contractor promises to and shall[told harmless and indcninity front the liabilities as defined in this
socaloin.
1h), [lie indcutnitics benclited and protected by this promise are the Public Agcacy,Richard D, Short. Kicinfeldcr, Inc..Sands;Construction
Company. Inc.,and their elective and appointive boards,commissions.officers-,agents and employees
(c) rhe liabilities protccted against are any liability or claim for danutgc of any kind allcgodlysuffewA incurred or threatened because of actions
defined below,including but not limited to N.-tsonal injury,death.property damage,trespass.nuisance,imrasecondemnation.patent infringement,or im
combination of these.regardless orwhethcr or not such liability.claim or damage was unforeseeable at any time before the Public Agency approved the
iniproveirent plum or accepted the improvements as c4impleted.and including die defense of any suit(s)or action(s)at law or oquity cciuccrrang these
(d) Ilicictions causing liability are any act or omission tricgligent or non-negligem I in connect tin with the matters covered by this contract and
attributable to the contracior.subcontractor(s),or any officer(s),ag4cut(s)or employce(s)of tine or more of them
(c) Non-Cmaditiatis: The promise and agreement in this sc*l ton is not conditioned or dependent on whether or not any inderanity has prepared,
supplied.or approved any plants),drawing(s),sp&aific&ion(.$)orspacial provision(s)in connect ion with this work,has instirtinceor other aidemnification
covering any ofthe se matters.or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnity
19 L�C'A YAJIQBL Contractor shall Comply with the provisions oftabor Code Section 6705,ifapplicable,by submitting to Public-Agency a detailed
plan showing the design of shoring,bracing.sloping,or other proi inions to he made lbr worker protection trom the harird of caving ground during trench
excavation.
20. RECORDRETENFION. Except for records delivered to Public Agency.('1*1ontractor shall retain.fora period ofat least five years after Contra ties
receipt of the final payment under this contract,all records prepared in the licrtormanec ol'this contract or otherwise pertaining to the work,including
without limitation bidding,financial and payroll rccot& Upon request by Public Agency,Contrwor shall make such records available to Public Agency.
or it)authorized representatives of the stale and federal governments.at no additional charge and without restriction or limitation on their use.
21 Contractor shall not use private property for any purpose in connection with the work absent a prior.written
agreement%i i h the affected property owner(s),
V) REN-LALANC)WAG ERA'ES, The statement of prc%ailing wages appearing,in the,I-Auipment Rental Ratcs and(tcn=l Prevailing Wage
Rates is hereby{pccificall%'referred tel and by this reference is made u part of this contract.
23. CLAIMS. Resolution of construction claims shall be handled as outlincd in Article 20104 of the Public Contract Code.attached to this
contract as Appendix C.
Blackhawk Geologic Hazard Abatement District (CHAD)
Siteworks Construction, Inc.
Maintenance Services Contract
Appendix "A" Scope of Work
I`rider this contract. Siteworks consirtictlim. Inc. t I 1\' ,1( I ( )R). agrees to provide prcvenuitiVe
maintenance services and minor repairs) fOr dic heolovj,: flazard Abatcnient District((,,il]AD)on an"on
call" basis. This is as time and materials contract. Work shall be authorized by Task Order and are-
approved and issued by tile (fencral Manager, No v�ork shall coninicncc under this contract without a
fully executed Task Order.
t Inder the direction of the Oeneral Manager or his designee. CONTRACTOR agrees to perform the
following: Provide the necessary workforce, material and equipment in accordance with the General
Conditions and at the agreed Labor and operated hourly Equipment Rates in Appendix B of this Contract
for the following) Response Levels.
The Response Level will be established by die General Manager or his Designee.Response levels will be
instituted progressively, Level 1. Level 2, then to Level 3.
Response Level I - Mobilize within 24 hours
Respond to a I evel I call within 4 firs. Prepare and mobilize to any District location within 24 hours.
Provide the necessary workforce, material and equipment.
Compensation is at the agreed Labor and operated hourl,y I AL611111C111. R,11CS In Appendix B.
Response Level 2 - Mobilize within 4 hours
Respond to a Level 2 call immediately. Prepare and mobilize: to any District location within 4 hours.
Provide the necessary workforce. material and equipment.
Compensation is at the agreed Labor and operated hourly E*quipiricnt Rates in Appendix B.with a 4 hour
minimum for labor.
Rs Level 3 - Mobilize onsite within 2 hrs
g:pggse
Workforce and equipment are on standby. Be prepared to mobilize to multiple District locations within I
hours. Provide the necessary workforce.material and equipment,and maintain a sufficient work-force in
the District until released by General Manager or his Designee.
Compensation is at the agreed Labor and operated hourly Equipment Rates in Appendix 11,with aft hour
minimum for standby labor. Equipment will be compensated for standby and active time at the agreed
Rates in Appendix B.
Blackhawk Geologic Hazard Abatement District (CHAD)
Siteworks Construction, Inc.
Maintenance Services Contract
Appendix "B" Fee 'schedule
3uly 1, 2007 to .ltrne 39, 2008
Contractor to be paid for services pert`+rilied 0111 .1 Lira t. cost basis or at the rates shown on the
fee schedi le elated -ZTL+c� , 2 oo? Cram Site vorks Construction, Inc.
P nCx
. ...... ......
SITEWORKS CONSTRUCTION, INC.
GENERAL ENGINEERING CONTRAE-T-OR PO Box 1324 Lalfayette, CA 94549
LICENSE#610597 FAX 1925)256-W57 Phone(91251284.1437
EQUIPMENT RENTAL RATES
July 2007
1,,0ADF11S Bare
2esc
Week Month Operated
CAT 966-D Loade-ir 587,50 2,350.00 7 000 00 165.00
5'td Bk1,2,35 lip
45,1x10lb.class
John Deere 210-LE 4VVD Loader 250,00 900,00 2,70000 12500
Gannnon Bw 4-in-1 r,bl'
Cat 226'Skidste–ei Loader -____ 195.00 780-00 34660 95 ao
5,6W lb Class.54 hp
D0ZJERS/C0MPAC*F0RS Bare
ED�_111-E— Day Week Month Operated
CAT D6XL-R Dozer/Ripper 800,00 3.200 00 9,60000 175.00
46.000 lb Class 6 way PAT iPowe-(Angte Till,Blade
.Dresser TD-7E Dozer/Ripper 300.00 90000 2 600 00 125-00
114,000 lb.Class 6 way PAT jPowtevA2gle.Tilt}Blade
[
AT CP-433C Pad Compactor 365.00 1.450.00 4300,00 130,00 CAT
lb Class, 110 hp,W Drurr, I
FXCAVAI'ORS Bare
Description ...... Day Week Month Operatedl
Hitachi EX45OLC-5 Excavator 985.00 3,700.00 11,100,00 24500
t 0 1.DW lb Class: 301 hp,W j 4 cy)Bucket
Hitachi EX330LC Exc. w1thumb 775-00 3.000 00 8,90000 21500
72,000 lb Class.2W
��h ,36"and Buckets
'Cat 322CLR Excavator-Long Rch 1,250 00 3,700 00 11,000-00 22500
66,0w 11) Class, 161 lip 6u, Elwcw,60 Reach
Cat 315L Excavator w1thumb 525.00 2,1100.00 6,200 00 155.00
38.000 lb Class, 105 hp 24'&36,and 48"Buckets
ITEREX HR42 Exe withumb 400,00 1,600-00 4,750,00 145.00
130,000 lb Class,105 hp ':11-9
36"and 48'Suckels
I �l%00
a-v"a't'o`r__ 900(!P-L7�O GOI
Bobcat 331 Excavator )0 '00
7,125 lb Class 40 h 12". 16.25"
1111LICKS Bare....-_-.......
Description Da Week Month Operated
Volvo A35D Articulating Dump 1,000,00 4,00000 12,000.00 255.00
3S ton Capacity,GVVL;,Alf-'terrain A;Ljft Gale
International Water Truck 350.00 1,200,00 3 500 00 80.00
2000 Ga�I.
♦ All rates based or,40 his per week& 168 his per month
♦ operated rentals are based on p(evading wage rates
certificates of tnsurarv-,e are required an all bare rentals
♦ All rates are based on normal working conditions Highly abrasove
or hard rock conditions will be bided at a premium
♦ For Date rent",renter is responsible for fuel,oil&minor maintenance
♦ All transportation and taxesll be paid to and from job stle by Renter
Renter is responsible for tire damage and repair costs
"A 48$ 11580 539,24 363(4m 49 9 it x'-7
M, 495 85&4 561-18 49.9(55) (i X 167)
T 30M,1 30UA 8718 S'20,02
-1'400C,'l 4008,1 40,0A 8781 S46V-1i L TRUCKS,DUMP,ON-IHIGI I W A Y 1,141 1
I 6000.(",14,A X842 $68,12 DELAY FACTOR- 0.20 O1vJ%WIIM1l9(
T 00 $843 S116.96 lmlodi:5 all end duaip.We awnp and Itchy dump tyrom.inclutb
T 8008J 800A.T800 Afro $10943 ausJumats wid 2%xt3wncs
'r mw AS71 $11461 'I'M (`A 011-ti1(I-HWAY (TRUN
'1950 8815 $214.01 Nit)" codc Rate
V 410 895(1 $21,09 2 axk-,.k 2AXL $39,94
V 430A 8951 $26 17 3 axles3AXL SS2 0
V 434'M 04 9000 522.24 4 axles, 4AXL $39 f0
V 440 9111; $23 42 A axles SAXI. S6614
V 4.50 9017 S31,15
V454 9020 $26.33 4VFLDING EQUIPMENT I
sit 94 1
1)[1_AY FACTOR 011 OVERTIME V%CTOR- Oxl
I'm ( KTRUCK'rRAILERS,FXCL. I TRUCK I
U( Nil,TRUCKS&EQPT TRAIL alt( tit ELDINGMACHINES AWM
DJLI,A1 J'AL-i OR- 0.17 OVEWITNIX FACTOR- "4 I)w�Wl'g (u electric pwelvdincludes hdnxu.holdct% cable
lncludc*All auAchmc"uuuj a"xswjjc*rickaW w hodin&with and witimmi and an Auachawslu And ac eessctrics. Katr capacity in amps
wmat tfuck4'fmvkt au'kx Awl passewt Vancle., OVER TO RALC
iodudittl;4wkilimun. Listed by Mffi,Gro Velti-41C Wtight mS449
0 250 U-250
"Wu`amiogumior traits will colluat In the case ufwater U"'the uutk ';Al SQd 250-500 58.66
"piwity expmwA in kilogmms qugguis)of wAw plus Vk�will tirtenume
tht{moos vchwic wtiglu. For otu"In",idtowmxc,saessu"Jun311 class, caner 500
500 S9L0i
TRUCKS T&TT I GAS WE I.DING OUTFIT (;WO I
()VER TC) Code Rate ljwludc$trgulaiox.7.6 incicts(25 feet)of homic,torch.809910.
Cars.trwj�s 680 kg(314 T)&hgWt 00-06 515.32 1 trJitizi and 4ttachnu3its and oa:", orics- Gas and tud soluill be Paid
sepatmely
1173(70(M)) 5443(12000)NOAWI 06-12 549.09 model C(* kate
Pickups $23-6.1 AL Atli. 5023
443 03M) 4072(2000()) 11-20
14072 000(0) 127010MM)0) 20-211 S25 74
12701 t2gi)o(li 16330(16000) 28-36 SI; It,
j63ail(j6jX)0j 161773(4000) 36411 S"19,53
21773(0(1(10) ^7216((0 0) 48-641 $47,09
2 721 6((AM(l) Over ho $50 60
TRUCKS,OFF xRUOF
I)ELAY FACTOR- 0.26 OVERTIME FACTOR
Includes 411 Aua,,;hmcnU And mccOuinies'IjWA%xkA cud dump,Wty dump and
calitimvert"k Liswd in at"0 4MV9 with MWS toted"T"u"a toun"
twju) In tke cast or caftnover types,fat:A by Mfes volumetric c*w;ity-A
fik,wf of 1.4 uguws per%V
, in,nwicr(I.Iq ums per cub w yowl) at struck
,:Apwty shall be used.
TRUCK OFF-HIGHWAY TRU
OVER TO K-249 Rate
91(101 0,6031 10-15 S36.T3
16,3(l8) 20.0(222) 1111-22 $66.00
20,0(22) 24.5(27) 22-27 $82.26
243 t27) 29-0(32) 27-32 $94-12
29,0(32) 36.3(40) 32-40 $127."
33
Blackhawk. Geologic Hazird Abatement District (GliAD)
S tervorks Construction, Inc.
Maintenance Services Contract
Appendix "C" Resolution of Construction Claims
III Ii1.IC CON'1'k,%C I` CODE
s1-,( I JON 20104--20104.6
20104. (a)(1) ibis to all public Nvorks cl.:anrs ofthrec htrndreki sce-enty-live thousand
dollars($375,001))tr leas titi1)1ch arise bet%�cen at contractor and a Racal agerrcN. t } t leis article shall
not apply to any claiiw resuliIag from at contrasct bct ween a contractor and a ptiIll is agency when the
public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section
102-40)of Chapter I of Part (b)(1) "public work" has the same-meaning as i n Sections 3100 and
'1106 of the Civil Code. eXcept that "public work" does not include: any work or improvement
contracted for by the ,tate 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, err on behalf of. the contractor pursuant to the contract fear a public work and
payment of which is not otherwise expressly provided for orthe claimant is not otherwise entitled to.
or (C) an arnount 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 platys or specifications for any work which Wray
give rise to a claim under this article. (d')`I'his article applies only to contracts entered into on or atter
January 1, 1991,
2(11(14.2, For any claim subject to this article:,the taller«ing, requirements apply: (a)`T'he claim shall
be in %� I-Iting and include the document;necessary to suhstantiattc the claim. Claims must be filed on
or before the date of final payment. 'nothing In this subdivision is intended to extend the time hnut or
supersede notice requirements otherwise provided be contract ferr the filing,of claims. (b) (I) For
chums of less than Iift} thousand dollars($$0,000), the local agency shall respond in writing to any
written claim eviihin 45 days of receipt of the claim, err may request, in writing, within au days of
receipt of the claim,any additional documentation supporting the claim or relating,to defenses to the
clainn the local agency may have against the. claimant. (2) If additional information is thereafter
required. it shall be requested and provided pursuant eta this subdivision,upon mutual agreement of
the local agency and the: claimant. (3) the local agency's rerittcn response to the claim, as further
doctimented, shall be submitted to the claimant within 15 days after receipt of the further
dctcunientartion or within a period of time:no greater than that taken by the claimant in producing the
additional information, ec-luchever is greater. (c) (1) for claims of tie cr fifty thousand dollars
($50,000)and less than or edit el to three hundred seventy-five diousand dollars($375,000).the local
agency shall respond in ce ritIng to all %criuen claims within 60 days of receipt of the clatrn, or may
request. in writing. within 30 days ofreceipt 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) '13te 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 oftime 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
f>„.•r,.,r x
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 i,�ithin 15 days of the local agency's failure
to respond within the time prescribed,respectively,mid demand an in I'Ormal conference to meet and
confer for settlement of the issues in diSPI-111C. Upon a demand.the local agency shall schedule a meet
and confer con 1ei-cilcc within 30 drays for settlement o ft lie dispute. (e)hollowing the meet and confer
conference, i f t lie claim or any portion reiiiii i n�; I n d Is litite. the claimant may fi Ica claim as provided in
Chapter I (commencing with Section WO)and Chapter(commencing xs.1thScctiori9IO)ofPart 3 of
Division 3.6 t' f' Iitic l ctftltt:Citac°crnntentC'ocic. I"or purposesofthose provisions,(lie running of the
period of time willini which claim must be tiled shall be tolled from the time ilio 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 ol'titne utili/cd by die meet and confer process. (f)
'Mi.sarticle does not apply to tort clainis and nothing in this article is Intended nor shall be construed
to change the time periods for filing tort claims or actions spccil-ted by Chapter I (commencing with
Section 900)incl Chapter?(commencing,with Section 910)of Part 3 of Division 3.6 of Title I of the
Goverriment (.,ode.
201(4,4- 1 lic 601lowing procedures are established for all civil actions filed to resolve claims subject
to this (, ) Within 60 days, but no earlier than 30 days. following the filing Or responsive
pleaklin,-,N. the court shall Submit the matter it) nonbinding mediation unless waived by mutual
stipulation of both parties. The mediation process shall provide for the selection within I5 days by
both parties of a disinterested third person as mediator, shall be commenced within 30 days of the
submittal.and shall be concluded within 15 days from the commencement of the mediation unless a
time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
Ville parllc%,; Iail 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 disputc, the case shall be submitted toijudicial
arbitration put-SUMIt to Chapter'-1s (coninicTictno \%iih Section 1141-10) of-Fitle 3 of fart 3 ofthe
t,
Code of Civil Procedure, notwithstanding Section 1141.11 ol'that code, The Civil Discover), Act
(Title 4(conii nencing with Section 10161 O10)of fart 4 ofthe Code ofCivil Procedure)shall apply to
any proceeding; brought under this subdivision consistent .pith 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 he experienced in construction law, and. upon stipulation of the
parties, mediators and arbitrators shall he paid necessary and reasonable hourly rates of pay not to
exceed their :u- iotnary rate,and such fees send expenses shall be paid equally by the parties.excel-it in
the case id irhiti%olon where the arbitrator, for good cause, determines a diflerent division. In no
event hall ihc:,,c lee,, or c\penses he paid by state or county funds. I I I In addition to ('bapter 2-5
(conmiencing i,�Ith Section 1141,10) of"l'itle 3 of Part 3 of the Cisde of (,'1%11 Procedure, an\ party
whoafter i-ccolvingan arbitration award requests a trial de novo but does not obtain more favorable
judgment shall. in addition to payment of costs and flees under that chapter, pay the attorney's fees of
the other party arising out of the trial de novo. (c) The court may, upon request by any party,order
an) witnesses to participate in the mediation or arbitration process.
?0104.6. (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. 'I'lle interest shall
begin to accrue on the date the suit is tiled in a court oflaw.
Page 7 of'R