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HomeMy WebLinkAboutMINUTES - 02122008 - C.7 C7 sE L TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD Contra OF THE CANYON LAKES GEOLOGICAL HAZARD Costa ABATEMENT DISTRICT �; ----- � o .?anran ;z FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR OST4 COUty G~ County DATE: February 12, 2008 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 Trucrew, Inc. dba Diablo General Engineering, 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 Trucrew, Inc. dba Diablo General Engineering in an amount not to exceed $35,000,to provide preventative maintenance services to the GHAD,for the period August 1,2007 through June 30, 2008. FISCAL IMPACT: There is no impact on the County General Fund. The Canyon Lakes GHAD is funded 100%through revenues assessments levied on properties within the boundaries of the Canyon Lakes GHAD. CONTINUED ON ATTACHMENT: 1] SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO COMMITTEE APPROVE OTHER r SIGNATURE(S ACTION OF BO ON / �2', �_O� APPROVED AS RECOMMENDED OTHER VOTE F 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) VS:ab G:\SpDist\Board Orders\2008\2-12-08 Trucrew$35000 Diablo General 07-08.doc ATTESTED y Z�� � JOHN CULLEN, CHUX OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator Assessor Auditor-Controller Community Development BY: DEPUTY County Counsel V.Skerritt,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 Trucrew, Inc. dba Diablo General Engineering, San Ramon area. (Canyon Lakes GHAD Funds) (District III) Project No.: 7761-6X5148 DATE: February 12, 2008 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: Trucrew,Inc.dba Diablo General Engineering.has previously worked with the Canyon Lakes GHAD in assisting in the implementation of its Preventive Maintenance Program including minor repairs and emergency response. Trucrew,Inc. dba Diablo General Engineering 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, Trucrew, Inc. dba Diablo General Engineering has shown diverse abilities to provide minor repair assistance to the GHAD, from landslide repairs to infrastructure repairs and replacement. Trucrew,Inc.dba Diablo General Engineering 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. Ct)NTRAC r (Standard Form Maintenance Servicrs.Agxeement) I. 4� .TAL CIaRM*i. These special terms arc tarce,tporated below by refettttre. ;See Secs.2,31 Parties: Pu he Agency C;utyou takes Cicologic Tlazard Abatement District Contractor-7'rucrew,Inc.dba Diablo General.Fngineering 21 79 Kirker Pass Road Concord.CA 1)4521 Effective Date. August I,20(); (Sec tic c, 3) Project Name,Number and L%Kation°(eneral Maintenance Activities located intheCanyon lakes cumMunit}. Danville.California area I he work consists of on-call maintenance services as described in Appendix A. ( cc Sec.4) I)urat)tgi June 30,2(N)t t Scc Sm.4) Public Agcncy's Agent:i4ichard D.Short,(ienerat Manager.Kicinfelder Inc. (see See.5) C o,itract Limit $33.()()(1 (See Sec.(i) I cdcral Taxpayer's I D.or Social Security leo: 2_ Sl6NA-FURL--SS t ACKNi)W FDG-,M -N-1's" Public Agcnci.13%: Itachard D Short, Kleinieldcr.Inc General Manager t"()ntractor.hereby also certifying awareness of and compliance will,t.abnr Code Sections 1861 and 11 ce ang Workers`C`ompenNation Lit%. (Dcs patc official rapacity m the basin RN (Designate oftieial capacity in the business) !'Vote to Cnmitrg0or: I�}r cor rn►rcrns,the ccmtr t must be siTEnec1 t��t+t����tiu:ci 4 'Fhc britt signature must be that of the chairman ofthc txaur,l.president of %trc preeidcm.the second signature must be th:+t 1,1 the secretary,osis ttt±tecretatry,chief linaneial officer orassistant ,t astttrr i('hill'�rdc.4tttitnlI')('Mid CctrpcTationsCode.tieetitm3131 11tcF*cknowl l ttbel4tiknurstbesiynedh%,allotan*NuhliC CF.I2TIVICATIEOF ACK\(tttI.FDGMENT State of C.°ahliorn p ? i County of On the date written below.bcti)m me,the undersigned Notary Public, personally appeared the person(a)sighing abo%c for Contrtu:tor, r proved to me on the basis of smishictory evidence)to be the Pers4nnW whose.nam44 isiaw subscribed to the Within instrument and acknuc4lcxiged to me that hc'�y executed the sans in his�bwithcir authorized capacity(i»�), and that by hi,W&41wir signaturc(v4 on the instrument the person(-*or the entity upon behalf of which t�nc personal uq .executcd the instrument. ` %N'ITESS my hand and official seal.Datcd, ' � (�lntary's!?rs:a1 I'ub,4) ROBER STROBEL C(�rr,rrtiaaiirarr# t 6221 7b Notary f'ut)IC .Cottto(rro Page I of IQ Conno Costo CovltY MyCorrtrn.Expoes Noy)5. 3. W -live on the above date these pattics Promise and Wee as �) —�Klr J- (at) 13y their signature-,;in Section 2�cjffcq set Eolith in this contract.incorporating by these references the material it,SXtiOn 1,SPECIAL TERMS- (b) Contractor,hal at his own cost and expense,and in a tvwknianlikc manner,fully and faithfully perform and complairthe work and will furnish all materials,labot,services and transportation necessary.convancritaind propain ortivrfairly to perform the requirements i-ri oscope f this contract, III strictly in accordance with the of work as described in Appendix A. (c) the work can be changed only with Public Agency's*Prior written order sped yr mg such change and its cost agreed it)by the parties: and the Public Agency shall never have to pay more than specified in Section 5.PAYMENT.without such an order. Contractor shall start this work jw directed by,the 6encral Manager of his Agent(it the Notice to procced-,and shall complete it as V"ificd in Section 1.SPECIAL TERMS_ !!AX_M -shown in Appendix 11 attached hereto..which S. CNL. Public Agcticyshati pay Contractor for smicO PerfOmwA at the rates include all overhead and incidental expaisM for which no additional compensation shall be allowed. Notwithstanding theforegsing thou incidental expenses specifiW11Y itemized in Appendix 8 shall be reimbursable by Public 40cY to Contractor,provided that Contractor submits copies of'rgeeipts and,irapplicahk a detailed mileage log to Public Agency. In not event shall the total amount paid to Contructim cxccw the payment limits)specified in the Contract limits without prior written approval of the Public Agency.ContrUC-1101s billing tatcments shall be submitted at convenient intervals approved by Public Agency and shall list.for each item ofserviem the CnVIOyec i categories, hours and rates. Public Agency%vill pay Contractor in accordance with the requirements Of Civil Coit Soction 3320 as jpplicahlc. se 6- p�,.\Y%4LjN,rSWIj'Illj.ELD. (a) The Public Ag�cncy or itsAgcrit may withhold any payment.or becam of later discovered evidence nullity all tit any catificall:for payment,to such extent and period of time only as may he necessary to protect the Public Agency from loss because of 41) I)clective cork not remedied.or uncompleted work-,Or (2) Claims filed or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcottiractors or for material or labor.or t4) Reasonable doubt diat the work can be completed for the balance then unpaid.or (5) Damage to ono ilia or 161 I)amagc to the public Agency,other than damage due to dcla3v'+, (hi the Public AWWy shall use tcw-A)ri;jblc diligence to discover and report in the ContraLtur.as the work Progresses,the Materials and labor which arc not sutist'lUlOrY to it,s41 as to avoid unnecessary trouble or cost to the Contractor in making good any detective work or Paris, 7, 1jjN�JL A Contractor performing semi- 's under this contract shall provide at all times the tollowing insurance in anniuriLs not less than those specified; (a)Workers'Compavoitin insurance complying with the laws of the State OfCldiibmiu;(b)Comprehensive 6encral Itability hisurimcc,including blaakct contractual for contractual liability)coverage.broad form property damage covaripc.and )0 or urnag bodily covcragc for owned and not"wned vehicic�,with a miniourril combined single HOW Coverage Of$2-000A( f alld es due 10 b ly injury.sickness or disease,or death to any p0som and damage to ptopem',including the loss of use thereof arising out of each accident of strucuon I mpany,Inc_.their boards.officers-and oiccurrcriec.and ousting Public Agency,Richard D.Short.Kleinfeldet,Inc,. snots(,'On ('0 LA% t mpipyea as additional insured. Contractor is aware of and complics with Labor Code W"ion'3700 and the Workers`Compensation - S_ DgNM Contractor;:hall provide.if live contract exceeds$25,000.a,the time of the execution of the agreentertt or contract for the work.and at no additional expense to the Public Agency.a surety bond executed by an admitted surety intoner in an amount equal to at IcW one-hundred rpercetitti00%)orthcconlnw-tprice wssccurtlyfor the faithful pert'ornwvxofs;udagrcment- Contractor shall also provide, at the time ofthe execution of the aWcanciii,oar contract for the work.and at no additional expense to the Public Agcncy,a separate surety bond executed by an admitted surety insurer in an amount equal it)at Icasl fifty percent(5We)of the contract price as security for the payment of all per performing labor and furnishing materials iii connection with said agrearient, Sureties on each of said bonds shall be satisfactory to the State. 9, FAIL U U., -0 P A `0 Ifthe Contractor ill Liny time refiases or negated-,without fault of the Public Agency or it,.agent(s),to kL supply sufficient materials or workmen to complete this agreement and work as provided herein.tis apaitid of 10 days ormore alta written notiec thereof by the Public Agency.the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. I 1 0. ability of various federal.state and local laws and regulations.especially ,AWS,APPLY General, W)lh parties rccopi7t:the appim Chapter I tit Part 7 of the California Labor Code lbrgirining with Section 1720.and including Sections 1735,17'77.5.and 1777.6 foeoiddifig discrimination) and intend that this agreement c,omplies therewith. The parties specifically stipulate that the relevant penalties MW Page 2 of 10 forfeitures provided in the Labor Code.especially in Sections 1775 and 1813,concerning prevailing wages and hours.shall"POY to this agreement as though fully stipulated herein. I CO"Iritcla"shall not soba any work without VMOVAI Of the 6cocral Manager. 12, )YACiJLMJ (a) pursuant to Labor Code Section 1773.the Director ofthc Ucliartracrul of Industrial Relations has asccrimocA the &,cnctW prevailing rates Of wages PCtdiem,mW for holiday and overtime work.to the locality in%luch this work is tet beperformt4 for each craft,clussification,or t%Ipc ol'workman needed to tecutc this contract.and said rates are as spccified in the call for bids for this work and arc on file with the Public Agency,and are hereby incorporated herein. N This schcduic of wages is based on a working day,of 8 hours tailm othemist:specified, and the daily rate is the hourly nate multiplied by the number of hours constituting the working day, When less than that number of hours are worked.the daily wage rate is proportionately reduced,but the hourly rate remains as stated (c) The C,ontractor,and all tits subcontractors.must pay at least these rates to all persons of this work,including all travel.subsistenwc. and fringe benefit payments provided(kit by applicable collective bargaining agreemertm. All skilled labor not listed above must he paid at least the Wage scale established by collcaive bargainingagrecturrit for such labor in the locality where such wait is being performed. trit becomes necessary for the Contractor oratty subcontractor to employ any person in a craft,claiisifteation or type ofwotk(except executive, supervisory,administrative,,clerical or other non-manual workers as 1A �ue,b)for which no minimum taw is specified,the Contractor 4 It inunediately notify the Public Agency .,.Inch shall apply from the time Of the Initial employment of the person aftected and during the continuance of such employment. 13, H0(_1R$0LLAR -i of labor in tone constitutes alegal day's work and no workman employed at any time cm ,-()R� bight hour s -abar ode this work by the Contractor orby any subcontractorshall be required Or permitted to work 1ong%:rthcrcaoexceptie Pto provided ini C Sections 1810-1$1'5. 14, AEEBE.-SMCES, properly=indentured apprcntice5 may be employed on this work in accordance with fabor Code Sections 1777,5 and 177*7.6,rorbidding discrimination. rRJLOST c -A Public Agw m enc%desires promote the industries and economy of� Contra Coma county,and the Contractor therefore is encouraged to use the pro ducts.workmen-laborers and mechanics of this County in every case where the prics.fitness and quality are equal. 16, At6S�-�leJ` . 'rhe agreement hinds the heirs.successors,assigns.and i-cpresetuativcs of the Ctlintmcwr.but he cannot assign it in whole or in part,nor any monies due or to become due tindia it,without the prior wtillen consent of the Public Agency and the Contractor's so"or sureties.unlc,-.-;they have waived notice of&utgnment. 17 insMction of the work and/or materials.or approval of work and/or materials insliccled.or statement by any officer,agent or employee of the Public Agency indicating the work or any pan thereof complies with the nquircincras of payments therefor.or any combination of these acts,shall trot relieve the Contractor of his obligation to fulfill this contract as prescribed, nor,,bull the Public Agency be thereby emoppcd from bringing any action for darnaps or enforcement arising from the failure io,comply withanN oaf the terms and conditions hereof. (a) Contractor promises to and shall hold harmless abet It"le"1114 from the liabilitioas defined in dusseciion. 11'1 I 11V I nd%'it lit[ties ticacin'M and proteckNI by this promise are the Public Agency.Richard 0. Short, Klcinkldct. Inc.. Sands an olISVInAlon("ornpany.Inc.,and their elective and appointive boards,commissions,Offilect's,agents d employees i,t the liabilities protected against are any liability orclaim lot damage oaf any kind allegedly suffered,incurred or threatened because vi actions defined below.including but not limited to personal injury,death.property damage,trespass.nuisance,inverse condemnation. patent infringcmmL or any combination of these.regardless of whether at not such liability.claim or damage was unforeseeable at aunt' time before the Public Agency approved the improvenwrit plans or accepted the improvements its comply ted.and including the defense of any suit(,,)or action(s)at lawn or equity concerning these. (d) Yhe actions causing,liability arc any actor omission(Ocgligtin or non-riceigmit in connection with the matters covered by this contract and attributable to the contractor subcontractor(s),or an,Off1ccr(s).agetitt$)or employee(s)of one or mote of them, (c) "von-Conditions: Tlic promise and agreement in this section is not conditioned or dependent on whether or not any indemnity has prepared,supplied,or approved any plan(s),drawi (S),Npecilwation(s)or,special ptoviNion(s)in connection with this work has insurance cgoi damage resulted parity train any negligent or willful misconduct or other indemnification covering any of these matters,or that the all Page 3 of 10 %)f any indemnity. LAL'i,'A AXWN, Contracloy shall complN r it h the provisions of[Abor C%Wc Section 0705. if applicable,by submitting to Public Ageno,a detailed plan shcminp the design of'rhoring, hracing, :loping,tar other ptovisions to k made for worker protection from the horsed of cavingrountl durinp trench excilvation, 1.-'.Xccp for records delivered to Public Agency,Contractor shall retain.for a period of at least five-mars after Contract oesireccip(of the final payment under this contract.all records prepared in the periortratriccorthis contractor otherwiscperwintrig. in the work.including without limitation bidding,financial and payroll records, Upon request by Public Agency,Contractor shall make such records available to Vublic Agency,or to authorized representatives orow state and federal governments.at no additional charge and without restriction or limitation ori their use. Ctimractor shall not use private property for any purpo-sc in connection with the work absent a prior. written agreement with tilt affected ptupertr Mi'mr(st 22.g t„,NjjN!, ,alement()I,previliling wages appearing i, Rates an Gene=) evail H9 I he q tc, d Pr i in the Equipir ent Rental Wage Rates is herchy spCeil'ically rCj'CrrcJ Ito and toy this reference is mate I pert of this contract, 23, Resolution ofcon-struction claims shall be handled as initlined in Article 20104(of the Public Cmitract Code.attached to this contract as Appendix C Page 4 of 10 Canyon Lakes Geologic Hazard Abatement District (CHAD) Trucrew, Inc. dba Mablo Gencral Engineering Nlaintenance Services Contract Appendix "A" Scope of Work Contract Tasks Concrete Interceptor Ditches(B-.V) Clean designated segments of B-58 ditches&,ditc,:tcd It\ the I iq!n1cCr. (Acuning, shall consist of the 1161lowing: • Cut and remove vegetative debris from within the ditch and for six(6)inches on either side of the ditch, Typically, vegetation removal adjacent to the ditch is accomplished using portable weed cutters with non-metallic: blades. Debris removal, for the purposes of this contract will consist of spreading thu reinoved debris adjacent to the ditch,can the downslope side. When debris removal consists of off-haul, the. contractor will be compensated by the District providing prior arrangements have been made with the Engineer. • Remove collected soil debris from the ditch. Accumulated soil debris shall be removed from the Glitch and spread adjacent to the ditch.on the downslope side. When soil debris removal consists of Off-hatil,the contractor will be compensated by the District providingprior arrangements have been made Nc it li the Engineer. • Check and clear if necessary the associated drain inlets.All drain inlets at the termination of a B-58 Aitch must he free front debris and capable of collecting and conveying runoff. Horizontal Drains Provide labor and materials to restore, repair or maintain existing lioriiontal drain sites. Restore horizontal dr int outlets site including,: • Rcluon c vegetation and debris around outlet Restore. rellair or maintain the identification marker. • Replace or repair drain outlet Ancinlit to locileand restore outlet site 11'repotted"unable to locate- Piewmeter Mon iion Provide labor and mawrUils to restore. repair or replace existing Ilivionicter sites. Restore piezometer sites Hiclodinv- • hj,tall retrofillin- �aj; niNtallation hardware to existing sites to restore a locking well • Pi Ovide and install locks for all sites repair or maintain the identification casing Attcnipt to kx-ateandrestore damaged or unable it) locate site as directed Subdrain Outiels Provide an inspection ofall subdrain outlets including: • Provide a site inspection to each site to confirin outlet condition • Locate outlet location using GPS equipment Pap 5 of 10 Winterization Provide labor and materials resources to procure Kind install winicrization materials as directed by the Engineer, including: Install slope protection materials including. o Plastic sllcclljlu Erosion Control Mankt:1,; Erosion rolk Straw Bales o Geo-synthelics Q P"tc, Emergenq Response Provide labor. materials and equipment to install erosion control and winterization materials, as described above. Provide other cinergenk:'r assistance as deemed necessary by the Engineer.Provide resources in accordance v0th [lie rCTojiw Ivvel described be love: Level I -- MobIli/-c ek ithin 24 hours Respond to a Level I call ��ithin 4 hours. Prepare and mobilize to any District location within 24 hours, Provide the necessary workforce,materials and equipment. Compensation for Level I is at the agreed(Normal) Labor and operated hourly equipment rates as defined in this ContrAct Response Level 2 - Mobilize"Ithiii 4 hours Itespolld to a Level 2 call trilmediately. Prepare and mobilize to any District kxatloll within -1 114 411's. Provide the twTessary workl'orce, materials and equipment. Compensation for l,e\c '- is at the agreed(Normal)Labor and operated hourly equipment rates as defined in this contract (k%Ith a i'Otir(4)hour minimum for labor. Response Level I Mobilize onsite within 2 hours Workforceand equipment-tic oil standby. lie prepared to mobilize it)multiple District locations within 2 hours. Provide the %�' rls t'01-ce, rIlDICrialS and CLI(lipment and maintain a sufficient workforce in the District until released by Ciclicral Manager or his designee(contractor must abide by federal,state and local regulations regarding labor). Compensation is at the agreed (Normal) Labor ;uid operated hourly equipment rates as defined in this contract.("ith all eight (8)hour minimum for standby labor. Equipment will be compensated for standby and active time:at the agreed rates. Other Additional Response Canyon Lakes Geologic I Li/,ii rd Abatement District (GHAD) Trucrew, Inc. db a 1)1;il)lo General Engineering Maintenance -Services Contract Appendix -B" Fcc Schedule Contractor to be paid lor services perl'ormed on a unit cost basis or at the rates shown on the attached fee schedule dated "rom h I -twrc % hi.c. dba Diablo fiend- alI`ngeincering. Canyon Lakes Geologic Hazard Abatement District (CHAD) TrucrvN%. Inc. dba Diablo General Engineering ScrN ices ( 'ontract. ,-kI1p('11di\ Resolution of,Constl lictlon ( L111118 sv(' I ION 20104-20104.6 20104. (a)(1)1-his article applies to all public works claims of three hundred seventy-five thousand dollars($375.000)or less which arise hetweena contractor anda local agency. (2)'rhis article shall not apply to any claims resulting from a contract between a contractor and a public agency v.,hen the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 1(x240)of Chapter I of Part 2. (b)(F) "Public work" has the same meaning as in Sections 3 100 and 3106 of [tie Civil (ode, except that "public work" does not include ant work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for(A)a time extension.(B)payment of money or damages arising from work done by. or on behalf of. the contractor pursuant to the contract for a public work and -)r or the claimant is not otherwise entitled to. payment of'which is not oTherwise expressly provided R The provisions of this or (C`1 an amount I lie pay inerit.of which is disputed by the local agency, c) article or a suminar\ tliercol'shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d)'Iliis article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article,the following requirements (a)'llicclaim shall he in writing and include the documents necessary to substantiate the claim. (1aillis must be i fled on or before the dale of natal payment. Noililng In this subdivision is intended to extend the time limit or Nuper,cilt. tit it 1CC I-CLI i ilremenus othcr%ti tse prt ivided by contract for the tiling of claims. (b) (I) For vi.jillis ofiess tltun ltty thousand dollars($50,000). the local agcnc� diall respond in %vriting to any -,crittctl claim Nvitbin 45 days of receipt of the claini. or inay request, in \4ntlng, \,\Ithiii 10 days of receipt of the claim.ariv additional documentation the claim or relating to dc fellses to the claim the local agency may have against the claimant. (2) lfadditional Information is thereafter required, it shall be. requested and provided pursuant to this subdivision. upon mutual agreement of the local agency and thi: claimant. (3) The loc,11 "fitten response to the claim. as further documented, shall be submitted to the claimant \\ill"" 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. "hichever is greater. (c) (I ) Fur claims of over fifty thousand dollars ($50.0oo)and less than or equal to three hundred seventy-live thousand dollars($375,000).the local agency shall ropond in -writint, to all vrittert claims within 60 days of receipt of the claim. or may request, in writing. within 30 days of receipt ofthe claihil,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 30 Paw M of 10 days after receipt of the:.further documentation.or%vithin a period of time no greater than that taken by the clainiant in producing, tile additional inlOrmation or requested documentation, whichever is orclater- (d) If*the claiman t disputes the Iocol written response. or the local agency fails to re,,pmid within the time prescribed. the claimant imty so notify the local agency, in writing,either k%lihill 15 days of receipt of local agency's response or within 15 dal,S of the local agency's failure to respond within tile time prescribed. respectively,and demand an informal conference to meet and confer for setticnientol'the issues in dispitic I 1pon a demand,the:local agefic\ Shall sChCdLIIe a meet and confer cotit'erencc \Otillin 10 days for.selLicillent Ofilic dispute,(e)Folio\%int the meet and confer conference. ill'the claim, I-.111\ portion remains in dispute.the claimant may file a clainias provided in i I Sec of Part 3 of Chapter I com III elic %k I th Section 900)and Chapter 2(commencing\s Ili,. I ion 9`10) Division o I' I I t Ic I tit,the(it�\,n-niiiciit Ct sdca I-t ir purposes ofthp-se provisions,the running of the period of time kc I I li In which a clava ,just be I I icki shall he tolled from tile time: the claimant submits his or her%%ritten claim pursuant to subdivision(a)until the tune that claim Is demcd as a result of the meet and confcr process. including any period of time utilized by the meet and confer process. (1) Thisarticle does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing ion claims or actions specified by Chapter I (commencing with Section 900)and Chapter 2(commencing with Section 910)of Part 3 of Division 3.6 of Title I of the Government Code. 20104.4. 'rhe following procedures are established fear all civil actions filed to resolve claims suliject to this article: (it) 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 .rarties r of;I disinterested third person as mediator. shall be commenced within 30 days (if the submittal,and shall be concluded xvithin 1�days trorn the commencement of the mediation unless a time requirement is extended upon a got),i cause showing to the court or by stipulation of both parties. It'ijic parties 1161 to select a mediator kk[thin the 15-day period, any party may petition the court to appoint (lie mediator. (b)t I i it flic tiwiter remains Ili dispute, the case shall he submitted to judicial arbitration pursuant to Chaptet 2,5 tc,nttnacncina "Oli Section 1141.10) of title 3 of Part I of the cods: of ('161 Procedure. notwithstanding Section 1141.11 of that code. 'I'lic ('I\!Il Disco-,cry Act ( 1,01c 4 (c(iiinlicticing with Section 2016.010)of Part 4 ofthe Code of0vil Procedure)shall apply to any proceeding brought under this subdivision consistent with the rules pertaining it) judicial arbitration. (2)Notwithstanding any other pro\Islon ofla\,ti.upon stipulation ole the parties.arbitrators appointed lon 1, of the for purposes ol'this article shall'be experienced Ili construct a\%. and. upon stipulation parties. mediators and arbitrators shall be 1xild necessary and reasonable hourly rates of'pay not to exceed their customary rate.and such feesand expenses shall be:paidequally by the,parties,except in the case of arkmilion where the arbitrator. I'Or good cause. determines a different division. In no c\cnt shall ihcw Ices or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing k��Ith Section 1141.10) of Tide 3 of Part 1 of the Code of Civil Procedure, any part,, whoulter an receiving arbitration trial de novo but does not obtain a more favorable I _- ,itration award requests a judgment shall.in addition to payment of costs and fCCS under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c)*rhe court may, upon request by any party.order any witnesses to participate in tile mediation or arbitration process. Vagc 9 of'10 �APPEN*OIk "I +w. Prevailing Wage Hourly Rental Rates. 10/011200' Equipment Move in/out(small machines) each way .230 00/ea Move in /out(large machines)each way 440.00/ea Cat 416 Backhoe 4WD. 135 00/hr TD7 Angle Dozer, 160 00/hr Cat D6 Dozer 195.00/hr Komatsu 150/Cat EL200 Excavator 225 00/hr Kobeico Excavator, 190 00/hr w/Derno Hammer. _ _. .295 00/hr 815 A Compactor....... .225 00/hr 84" Pad Drum Compactor ... ... _ ...165 00/hr Walk Behind Compactor 70 00/hr, 250.00/day, 800,00/week Jack Hammer/Air Compressor. 160 00/dy WackerNibraplate _.. .._ . .. ...... .... 100 00/dy Shoring/Trench Plates each ... ......_. ._ . ..._..._........................ ....10.00/dy Smooth Drum Compactor................. ...... ...................................._.....160.00/hr Asphalt Roller _. .............................115 Wthr Komatsu 4YD Loader.. _.....................,.............170 00/hr Cat 2 YD Loader........... ...... ._...............---...............150.00/hr Loader w/Asphalt Zipper(add cost of wear tips to hourly rental) . ..215 00/hr 15 YD Scraper 225 00/hr 20 CY Scraper (twin engine) _.._ _ 285 001hr Motorgrader,. _ 195 00/hr Sloping Laser.. ... . _ _._90 001dy 4WD Skip Loader. _...... 120 00/hr JD Track Loader,.... 120 OC1hr Sweeper _ _ _. ._ _ ..... ..... . ... . ..105 00/hr Labor Rates Supervisor_ 115 001hr Operator 95 00/hr Laborer _ 84 00/hr Grade Checker/Journeyman Pipe Man. .................. . . 95 00/hr Mechanic w/Truck_. ._ . ... _. .._......................135.00/hr Field Crew Truck ........ _... 90-001dy Trucks 10 yd - 3 axle. _.. _ ._ ._. _..___ ._95 00/hr 15 YD- End Dump 110 00lhr Water Truck (plus water S25/toad) _ 110 00/hr Miscellaneous Materials ___. Cost plus 25% For projects requiring two machines but only one operator, client agrees to pay rental rate of the more expensive machine and a minimum rental rate of 5450/day for the second machine. Equipment for Hire Only Basis (daily andlor unsupervised rental): TRUCREW, INC. dba Diablo General Engineering Co, is not responsible for damaged underground facilities (gas, elec . tele, tanks, etc.) Client is fully responsible for providing the marking, location, hand probing and exposure (if needed) of said facilities by an experienced employee of the client. Any damage to TRUCREW, INC dba Diablo General Engineering Co. equipment and/or facilities would be the responsibility of the client OVERTIME: Any hours over 8 per day will be charged at overtime rates Equipment time will have $30.00 per hour added to the rate for hours over 8 per day All other personnel will be billed at 1-1/2 times the above rate per classification Canyon Lakes Geologic Hazard Abatement Certificate issued to Canyon Lakes Geologic Hazard Abatement 03/02/2007 Nourse Insurance Brokers, Inc. 03/02/201),- Named 3{02/201);Named Insured: Trucrew, Inc. dba: piabio 4eneral Engineering Company VE 0162 03 04 Policy: VCGP013966 Effective Date: 03/01/2007 THIS ENDORSEMENT CHANGES 'M POLICY. PLEASE READ IT CARECUt.LY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section 11 - Who is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability caused by your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for the insured are completed. This insurance does not apply to liability caused by the sole negligence of any additional insured. B. With respect to the insured afforded these additional insureds, the following additional exclusions applies: This insurance does not apply to: I. The preparing, approving, of failing to prepare or approve, maps. shop drawings. opinions. reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. VE 0182 03 04 Pages I of 1. lu Fcxvnin9 Request for Taxpayer Give form to the ¢aaa.Novtvrbrx2ga51 opoortniert Mi Identification Number and Certification requester. Do not k*VfW °rrauy send to the IRS. mare sorroic+s ry NWM tai shown on yoga ineexne tmu ru tw';, nar1 ,d d+ffaans from above + _._. E,conipt from bm*w Chock aoproortata box I-) prem w +r C4-6-w— Q Partnership [Jothoro ��Istmt a ro and apt €ante . .� a narrxe mad addro"OPWOA M� Vi i y r ),._ .o�._ _.. ? ._ w .... � t City,Wig,av:IP code Taxpayer Identification Number t F1 Enter your TIN in the appippiratu wox, a tie TIN ptuvuaed must match the name gin on Lune 1 to avoid I social s—ac urn—yr wmber backup wfthholdirxi.For imlrvtdoels,this is your sooclat security number(sSN).However,for a resident ' alien,ssua proprietor,or disregarded entity,seer the Fart I instructions on page 3.For other entities,it is !LL L-1_+ 1 1 13 your—player identification number tElNii.If you do net have a number,see How to got a TIN on pane 3 or Note.11 the account is In more than one name,see the chart on page 4 for guidelines on who" }EMOoyer identification MMT1bQ d number to enter. 41-71 0 L7�?ql f Certification S f I LIr.der peruVies of penury,I certify that: 1. The nutter shown on this form is trey correct taxpayer Identification number(or I airs waiting for a number to be issued to me),and 2. 1 atm not subject to backup withholding because.(a)I am exempt from backup withholding,or(bit I have not been notified by the internal Fievetue Serrice(IRS)that I am subject to Waup witntiolding as a result of a failure to repoirt all+merest or dividends,or fc)the IRS nas notified me that I am no longer subject to backup withholding,and 3. 1 aril a U.S,person(including a U.S.resident alien). Certification Instructions,You must cross out dear 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your talc return..For real estate transactions,item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contnbutlaaris to an individual rotirement arrangement(IRAj,and generally,payments other than interest and dividends,you are not required to sign the C;onifiication,but you must provide yuw correct TIN.(Soo the instructions on r.)e 11.1 Sign Sipnatura of 7 ##. Here JS.tmrsean h if6//'f {L� Data 00, / Purpose of Form • Art individual who is a cilizen or resident of the United A l*--rsi:m ,vi)ij iii?et,luuttcl its fili,4 ail Wturntatlton MUM with the States. IRS,must obtain your correct taxpayer identification number a A partnership.corporation,company, or association MM to report, for example, income paid to you,real estate created or organized in the United States or under the laws trans tions, mortgage interest you plaid,acquisition or of the United States,or abandonment of secured property,cancellation of debt.or • Any estate(other than a foreign Mate)or trust. See conlritlubons you mads to an IRA. Regulations sections 301.7701-6(a3)and 7(a) for additional U.S. person.Use Form W-9 only it you are a U.S, person information. (including a3 resident alien), to provide your correct TiN to the Special rules fir partnerships.Partnerships that conduct a prison requesting It(the requester)and,when applicable. to: trade or business in tate United States areener ill g y required 1. Cenity that the TIN you axe giving is correct(or you are to pay a withholding taut on any foreign partners'share of waiting for a number to be issued). Income from such business. Further, in certain cases where a 2.Certify that you are not subject to backup withholding,or Form W-9 has not been received, a partnership is required to 3 Claim exemption from backup withholding j#you area presume that a partner is a foreign person. and pay the U.S. exempt payer. withholding tax.Therefore, if you are a U.S.person that is a in 3 above, if applicable.you are also certifying that as a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to U.S. person,your allocable share of any partnership income establish your U.S.status and avoid withholding on your from a U.S.trade or business is not Subject to the share of partnership income.. withholding tart on foreign partners"share of effectively connected income, The person who gives Form W-9 to the partnership for Note.if a requester gives you a formother than Farm W.g to purposes of establishing its U,S. status and avoidirg withholding an its allocable share of net income film the request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. partnership conducting a trade or business in the United >taCes is nn the following cases: For federai lax purposes,you are(corsiderod a rrsor if you a The U.S. caner of a disregarded entity and not the entity. are: Lail.No. 10231X rtxm -9 Bim 11-NMI Contra Costa C ountl Self Certification Form rx Sin all Business Enterprise unci Otitre.Ich Programs All of the non-statistical information provided in SECTION i 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, e-mail, facsimile) and paper formats, unless you indicate otherwise in SECTION 5. :-I ( I M\ I Nam of firm tPrmtf � �, � afr JL4 t .# 1C 'frt � t ifi {r7 C rr �[y Street A r S( -itv,s e) - (lip C odea �1 1 t ,r"fie v f�Cc f• r`+e C t E , _'+failing Address(City,State)4�C,_ y, (Lip Code) (Area Codd)Phone No. (Area Code fax No. �n Sit GZ Ce 7Qe, 2t + 41? Z 5,5 Is your main office located in Contra Costa County? Yes No {� Business Entity Status Check all appropriate,boxes: \,IBI.- ❑ E1 BE __l I)Bl LJ stir, 22 LBF Ll DVBE OBE LJ See Page 3 for Definitions For statistical Purposes Only EthnicitvofO%merls): White ...... Black ❑_ Ilis�anic © .Asian U American lndiaiVAlaskanNative Cuutlrloc this Section tiltcrok , mll business Enterprise, owe Page} for Definitions State Certified SSE: Yrs No 1. Certification No.: Ilavc your gross receipts liar die past three ykars avertiged S 10 million or less I Doi you employ more than 100 employees o ether r ear`' Yrs No with affil Yes p No Is your principal office located in C aliftunial 1' Ni U <'::(rI'll uia'? N,es � „mplr,tcthtr zcction to certify at a Minority Business Fns��r Int s.r i�ti3f.}andrnr\Nuri an Business Votes i7rn(- (�V1lF'} :Soil or 1)isalalcrl Vcteralt liusitress Inter in c>e i o\ BE) (See Page:3 for Detinitit e lurrik nillocrpr ime bov Contractor's] Special`trade Connactur U 1`ruchct U Maitufitcturer U Construction Supplier CI Vendor U I C onsultantiScrvic:e.Provider U Are you certified with any other agt:ttcies: Yes No if"Yes"please list: lt'you are a Contractor.are your annual gross receipts titurteen million dollars($14.000,0001 ter less'! ties If you arc a Special'rrgde Contractor,are your annual gross receipts seven million dollars i S ,f1 ,C1(103 or less'? Yes No { If you are a'rrucker/ManuracturerlSiupplier/'t°enclor,do you meet the SBA size slandard' Yes No (for the specific SBA size suindard contact the Affirmative Action Officc>(925)335-1045) Is your firm g 1%owned and managed by one tar more minority owners? Yes U No Is your firm Slur.owned and managed by one or mare women owners" Yes ❑ No Is your firm 51°n owne and managed by one or more disabled veteran owners? Yes ❑ No Are the owners citizens or lawful permanent residents of die(f_S? Yes No If you are a DVBE.is your principal office located in the United States? Yes ❑ N'o Asa DVBE.do you reside in California? Yes 0 No 0 Revised 09110104 %tit» pave I of 1 Contra Costa County Small Business Enterprise and Outreach Programs Scif Certification Form �1 z tat tv � m(wk icd By Finn toescrdw ultai vour firm does.) 1.� ttw4gk Mow_ _c)(jAd loci Zttcwt+Itrt�,(�6i(�Cl i Scrice c� ,trovt 'kC�t1C?I+1 Acknowledgeincut tit Vuhltcatloit MM The undersigned:7knowted s and ams that i pr," : r'I It N I maN published in the County's SBE and Outreach Directory which may be shurul tisltlh t uuuty Deparuncuts, ami , cl,.;, in troth electrunic (internet.intranet.e-mail,facstntilc l and paper formats.unless exceptions are noted below, d I agree to publication of all SECTION I information. ® i do not agree to puhlrt;atir)n of the Bellowing(check all that apply): U Street Address U Phone Number d i -trail address htadin lddres> f'a t Number U ti,us,iness Entity Status :E:C1'101Mi A C'eriificatian of 0N%it11,t111 14y:, J1XX ��lf� (c Capt I The undersigned is authorized to exccute dws Self Certification forth on behalf of Name of of Finn l`i�1 }�itYf 1C� iZG {f+Li„( i ( "95 reel Addres (C itv.State.Zip C cede:) Name(s)of Owner(s) And swears under penalty ofper un'that our firm meets the definition of fMBE,.WBE.DBE,SBE,LBE,DVBE,and/or OBE set forth on page 3 of this form and that all information contained in this form is true and correct_Any material misrepresentation will be grounds for terminating any 1)urcbase orders or contracts which may be or have been awarded. Signed in `c )ti 'y't}t' (City.•.C:ounty,State) on r 1 > - -.200 t3v _d.11w` I, (ck` t. S (Prl qt Name) (Title) Area Code) Phone No. ! Return this Self-Certification Form to the department who sora;you this form or; Contra Costa County Affirinative Action Office Orsi fine Street-- 10m Floor Martinc4 CA 94553 ........I ........ ..........For Della ri iiien t IIse Onh••...s+s*YMM........bv�*.M t+•#4kit klf k��ae��r,ti Inti ^9 Dcpurtmeutat Concurrence The undersigned department concurs it the above Self-Certification form and is satisfied that the applicant meets the requirements for self j certification as an NIBF,WBE.DBL,SBL.LLE.DVBE,and'or 013E. Rv .. (Department) (t r int?v'airre) 1 (Signature of Department Head or Deputy) (Area Code) Phone No. Date Revised 09110/04 - SHE0utreachWfCrcrtiFtcatitan See Other Side Pine 2 A ` . � - !10101e Thisforittxhmuld beto the Affirmative Autiolx Office withilx10 (krvmf its MNBE^ WBE^ 06E. [)BE, SBE. LBE. and QVBE Definitions: AMinority Business Enterprise(K8BE)isabusiness entity which me\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 amember wfarecognized ethnic orracial group The management operations. and control must bosubstantial, ,eo| and on-going ooaregular basis AVVommn Business Enterprise(VVgE)ism business entity zdleast 51%owned and whose munagem*n\and daily business operations are controlled by one or more women who are citizens or lawful permanent residents ofthe United States, The management operations, and control must be,aa| substantial and on-going. onaregular basis AOther Business Enterprise((]BE)aany business which does riot otherwise quality aoaMinority o/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 bysocially and economically disadvantaged mdw/duu\n This means that socially and ecmnomicaily disadvantaged individuals must own at least 51%of the business, and they must control the management and operations oY the business, DBE criteria isused only for state orfederally funded projects that requite DBE goals A Small Business Enterprise(GBE)is on independently owned and operated business.which isnot dominant m its field oy operation', the primc|pa|offioenfwhich islocated inCa�0wrnie;the officers o/which are dom,�|edmCahbrma, and which. together with e affiliates.es� has 100 or emp|oyeesand average annual gross receipts mften million dollars($1O,OOD.DOO)or less over the previous three years, or is a manufacturer with 100 or fewer employees ALcua| Business Enterprise(LBE)is 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 all of the following, 1) a veteran of the military, nava|, 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 xcontrol of the daily business operations are by one or more disabled veterans, and 4)/t is a sole management and proprietorship corporation or partnership with its home office located in the United States and is not a subsidiary of a foreign nnn Revised 0910104 �68E�nnm�hS«|�ln�� � � o �no Goe� orBi�r Page m