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HomeMy WebLinkAboutMINUTES - 02122008 - C.8 Z::, � SE � TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD _ — Contra OF THE CANYON LAKES GEOLOGICAL HAZARD ABATEMENT DISTRICT Costa o' i uirin -;z - ,or FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ``` O`TT'4--C--- -- ,�� 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 Siteworks Construction, Inc., 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 Siteworks Construction, Inc. in an amount not to exceed$35,000,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 Canyon Lakes GHAD is funded 100% through revenues assessments levied on properties within the boundaries of the Canyon Lakes GHAD. CONTINUED ON ATTACHMENT: ❑x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CPMITTEE APPROVE OTHER SIGNATURE S): ""�� / ACTION OF BO ONI6p7'�ba y �� ��'�d APPROVED AS RECOMMENDED V OTHER VOTE O 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 Sitworks-Canyon Lakes$35,000 ATTESTED JOHN CULLEN, CL 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 (GHAD) Manager, Richard D. Short, Kleinfelder Inc., or designee, to execute and award a contract with Siteworks Construction, Inc., 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: Siteworks Construction, Inc. has previously worked with the Canyon Lakes 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 GRAD 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. CONIRACT (Standard Form Maintenance Services AWcemcnt) 'new special teens we incorporated lich- lv%,relereti, (Sec Scow 2.3) Parties: Public Agency -Canyon Lako:N(1cologic ltitard Abalcincrit Disla ik I Contractor--Sllck )l k,Coiv,n ij,t;+ii i P0 Box I324 Lutaycitc,CA 9454,) EMective Dille hjl+ 1.2007 (see Sec 3) Project Matti;.Numbet and Location,(.ieracrial MaintermccActivilies locitted in the Cianyon Lakcs cornlriumt%. Daimlle.Califorana area, 111c work.con.gsts k4fjin-call malialcolance Kervices as described in Appendix A (Sec Sec,4) lunation June 30,2008 (Sce See.4) Public Ageney's Agent:Richard U. Short,General Manager.Kleinfc1der.laic. (See See,5) Contract Limic $35,000 (See Sec.6) Federal raxpayce,11).or Social Security No: tr7 14?'�235.3 7- I SIGNATURES&ACKNQWJ� I�a'M X t Public Agenc-,.l3y: Kleinlelder.Inc (1cocral Manager C"onlraclair,hcrpy,*et certifying a%ureness of and compliance NN ith Labor Code Scaions 1861 and 3700 concernit -orkers,C nl tsation Law. By lly Noftjot,gatraclor: for cmporafions,the contract must be signed b,,two offleem. 1-he first signature must lie that of tlic ch airman of the I lie ctirad signatury n itist be I I io, ,It lie s0cfttarv.assasiml,secretaarychief fitiancial officer or assistant I'40.1nij i,jjrporajr 4ctwn +tt I he%a gned by a Notary Public. Slate ofCalift) Count) of On the date written below, b6care me,the underNigned Notary Public.perwrially appeared ke pars 4t signing awvc tear Contractor, personally known to me or proved tonic on the h � 1 -,0 i,t`11cU)FY cvidCMV)to be the personW%k hose nariieW is/ subscribed to the within instrument and aTcno7Mg-MM­ffi­c1r,--1— ---cxecuted the sanic in hisAwmhowaudiorized inert, and that by t ln&%wAkviT signature on the instrument the Nr�on ,i the entity upon behalfofwhich the,person'gacted.ex-atted t;thdc instmaicrai. P, WITNESS my hand and officiul scad, Datcd- AY 1"�—4Public) 0 com :0 1 r OTARY RUC RMAO CONTRA C UNTYO, COMM.EXP.FEB.2 1,M 3 Ave)RKMNIR&C-LCHANGES, vc on the above date.these parties promise and agree asset forth In this contract,incorporating by these references the material in Section 1,SPECIAL TERMS, (b) Contractor shall,at his own cog and expense,,and in a workmanlike mariner,fully and faithfully perform and complete the work;and will furnish all materials. labor, services and transportation necessary,convenient and proper in order fairly to pe;fiarmi the rquiretnents of this contract.all strictly in accordance with the scope of work as described in Appendix X (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties.and the Public Agency shall never have to pay more than specified in Section 5,PAYMENT,without such an order, 4, J3ML.%,10TtCl,'1`QJ!KQQLLa Contracior shall start this%%otk as,directed by the General Manager ot'his Agent or the Notice to Proceed,and shall complete it as Npccificd to Section 1.SPECIAL TERMS, 5 PAy_ML-N'L Public Agency shall pay Coninwtor tier services pertbrmcd at the rates shown in Appendix R attached hereto.,which irwlude all overhead and Incidental expenses,for which no additional compensation shall be allowed. Notwithstanding the foregoing.those incidental expenses spccificallv itemized in Appendix R shall be reimbursable by Public Agency to Contractor, provided that Contractor submits copies of receipts and,if uppficnbka detailed mileage log to Public Agency, lit not event shall the total amount paid it)Contractor exceed five payment limit(s)specified in the Contract limits withoutprior written approval of the Public Agency.Contractor's hitting Statements staill be submitted at convenient intmalsapprovcd by Public Agency and ,"I list.for each Ilan of services,the employee categories,hours and rates, Public Agency will pay Contractor in accordance with the requirements k)f(.*iv4l Code Section 3320 us applicable. 6, JAYMLNi's Wnijjjuu,). (a) I he Public Agency or its Agcal may withhold any payment,or because of low discovered evidence nullify all or any certificate for payment,to such extent and period of time on ;is may be nccvssary to protect the Public Agency from loss beeausc of (1) Defective work,not remedied.or uncompleted work.or (21 Claims filed or reasonable evidence indicating probable filing,or (31 Failure toproperly pay subconttuctom or for material or labor,or (4) Reasonable doubt that die work can be,completed for the balance then impatrl,or (5) Damage to another contractor.to (6) Datnage to the Public Agency,other than damage due to delays, tb) The Public Agency shall use reasonable diligence to discover and report to the Contractor:as the work progressm the materials and labor which are not ,satisfactory to it,so as to avoid unaeces 'trouble or cost to the Contractor in nuking good any defective work or parts. 7 IN,5jJHMQF A Contractor undtr this contract shall provide at all times the following insurance in tanounts riot lcsa than those specified: (a)Workers*Compensation Insurtutoc complying with the laws of the State of California;(b)Comprehensive Central Liability Insurance. including blanket contractual(or contractual liability)coverage,broad form pro pcity damage covcragc,and coverage for owned and non-owned velucim with a minimum combined sing!:I i mit coverage of S2,000.000 for all damages due to bodily injury.sickness or discuse,or death to tiny person,and damage to propc,nv,including the loss o I i i-,c thereof,arising out of each accident or occurrence,and naming Public Agency,Richard DStuart Kicinfolder.Inc..Sands Construction Company.fac,thou hoards,officers and employees as additional insured, Contractor is aware of and complies with Labor Code Section 1701) and the Wcuker%'Comfictisailm, I ;m 8. BONDS. Contractor shal I provide,if the contract cxcce&s WJXV.tri the time of the execution of the agreement or contract for the work.and at tit) additional I expense to the Public Agency.a surety bond cucuted by an Admittedsurety insurer in an amount equal to at least one-hundred percent(10(rii)of the contract price assectirity for the faithful performance ofsaid agreement. Contractor shall also provide,at the time of the execution of the agreement or contract for the work,and at no additional expense tothe Public Agency,,a separate surety bond executed by an admitted surety insurer in an amount equal to at least fifty percent(5(A�)of the contract price",security for file payment of all persons ficriorming labor and furnishing materials in connection with said agreement. Sureties on each of said bonds shall be salisfactory,to the State, I), EAlLURL LAQ 11REP-M if the contractor at any time retusins or neftlects,without fault of the Public Agency or its agent(s),to}LiPpIY sufficient materials or workmen to complete this agreement and tone as provided herein.for a period of 10 days or more after written notice thereof by the Public Agency.the Public Agency may hirnish same and deduct the reasonable expenses thereof from the contract price. 10. t=6& APPLY. both parties recognize the applicability of various federal,,tate and local laws and regulations,especially 0-opter I of Parr' of the California t aWr Code(beginning with Section 1720,and including Sections 1735.1777,5.and 1777.6 forbidding discrimination)and Intend that this agm-mcntcomplicw0crowith. Hic parties sTecificallystipulatc that the relevant pelialtics and forfeitures provided in the Labor Code.especially in Sections 1775 and 1813.concerning prevailing wages and hours,shall apply to this agreement as though fully stipulated herein, 11. SUBCUVIRA01IRS Contractor shall not subcontract any work without approval of the General Manager. 11 (a) Pursuant to Labor Codchection 1773.the Director of the ttcpanrueut of Industrial Relations has ascertained the general prevailing rates of wages per diem.and JiDt holiday and overtime work,in the locality in which this work is to be performed.for each craft.classification.or type of workman needed to execute this contract.and said rates-arc as specified in the call for bids for this svork and are on file with the Public Agency,and are hereby incorporated herein. (b) This schedule of wagcs is based oil a working day of 8 hours unless officnvisc 5pccificd:and the daily rile is the hourly rate multiplied by the number of hours constituting the working day. When tens than that number of hours arc worked.the daily wage rate is proportionately redsn ed.but the hourly rate remains as stated. (c) The Contractor,and all his subcontractiam must pay at least these rates to all persons of this work. including all travel,subsistence-and fringe benefit payments provided for by applicable colle4ive bargaining agreements. All skilled labor not lisW above must be paid at least the wage scale established by collective bargaining agreement for such tabor in the locality where such work is being perfolingd, if it becomes necessary for the Conmictwir Or tiny subcontractor to employ any person in A crs&classification or type of work{except executive,supervisory,administrative.clerical or other non-manual worker-,as such)for which;io minimum wage rate is spe0ficd.the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employntent of the person afTectvil and during the continuance of such culiployincial, 13, M1Uj8S-Dj_LALWL Fight houm of tabor in one calendar dad,couslitincs a legal days work.and no workmal)employed at any time on this work by the Contractor or by any subcontractor shall he required or permitted to work longer therconvxcept as,provided in Labor Oute Sections 19 10-1tot i, 14, AP work to accordance with Labor Code Sections 17?'.S mid 1777,6, ,tBI-24�] -.S Property indentured apprentices may be cioplo�ycd on this forbidding discrimination, 15. F TWT"U A i't 'fhc Public Agency cicsim to promote the industries and economy OfCoatru C'srata county. and the Contractor therefore is encouraged to use the products,workmen.laborers and mechanics of this,County in every caw where the price,fitness and quality are Oquiti, 16, nor ANSIJINMLN tor;but he cannot assign it in whole of in part, L 'lite agreement binds the heirs.successors.anips.and rclircstntalivescifthe Contrac any monies d6c Or to become due under it.without the prior wrilien consent of the Public Agency and the Contracloes surety or sureties,unlesm they have waived notice of assignment. 17. NNOWAIVE=R BYPUB IC'AC&NCY Inspection of the work and/or materials,or approval of work andtfor Materials inspected,or statement by any officer, agent or employee Of the Public Agency indicating the work or any pail thereof complies %viLh 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 lit thereby catipped from bringing any action for damages or enforce mcniarising from the failure to comply with any of the terms and conditions hcmvf. 18, f IOLD I IARIMLLSS AND INDL�, NITS'- (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. it') Me indemnities benefited anti protected by this Promise are dic Public Agency.Richard D.Short.Kleitifelder,Inc.,Sands Construction Company. Inc..and their elective and appointive boards,commissions,offiect-s,agents and enlPIOYcM (ci The liatlilitics protected against are any liability or claim for damage of suty kind allegedly suffered,incurred ordue mcned bec=ause ofactionsdefine below, including but not limited to personal ir�jury. death, property damage, trespass. nuisance, inverse condemnation. patent infringement. 01311Y ,her or no, such liability,claim Or damage was unforeseeable at any time before the Public Agency approved the combination of these.regardless ot'whe the defense of any suits)or action(s)at law or equity concerning thew- improvement plans or accepted the improvements Ms cOmpicte4 and including (d) time actions causing liability are any act of omission(negligent or tion-ricglig,clit) in connection with the inatieN covered by this contract and attributable it)the contractor,subcontractor(s).or any officer(s),ageot(%)or LT,Ipit)ycc(,-;)of one Or MOM-of them. let Non-Conditions: I'lit:promise and agreement in this section is not conditioned or dependent on whether or not arty indemnity has prepared, suppliod.or approved airy plan(s),drawitag(sl,specificatuorits)of slimial provisioll(s)in connection with this work,has insurance or tither ituicninificultioll covering any of these matters.or that the alleged damage resulted partly from any negligent or willful nu,,wonduct of any indejunity. 19, ESKAY-ADia. Contractor shall crimp()with the provisions of[Abor Code Section 6705,if applicable,kv subrial tliljl;it,Public Agent-),a ddifled plan showing the design of shoring,.bracing,sloping.or other provisions to be made for worker protection from the hazwd of calving ground during trench excavation, 20, &D")lf.t1.KEJL NAI)hL I"XCCPt for records dch%cred to Public Agency.Contractor"I retain.fi)r a period Of at least five years after Contractor's receipt of the final Payment under this contract,all records prepared in the performance of this contract or otherwise pertainingtothc work,including without limitation bidding. financial and payroll reentas, f1pon request by Public Agency.Coutracitor shall make such records available to Public Agency.Or to authorized representatives of the stale and foderal goytrorincrim at no additional charge and without restriction or limitation on their use, 21 tJSL:0FERIVAU--PKQL1ER'Ij Contractor shall not use private Property for any purpose in connection with the work absent aphor,written agicement with the affected property owner(s). 22 Pd-.NTAI,AND WAGE RATES., 'Me statement Of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is hereby sponfically referred to and by this reference is made a part of this contract. 23 4:�AIM_S, Resolution of construction claims shall he handled as,outlined in Article 20104 sof the Public Contract Code.attached to this contract as Appendix C, Canyon Lakes Geologic I-lazard Abatement District (GHAD) Siteworks, Construction, Inc. Maintenance Semices Contract Appendix "A" Scope of Work Contract Tasks Concrete Interceptor Ditchev(B-58) Clean designated segments of B-58 ditches as directed by the Engineer. C'_lean t n-,shall consist of the following: * Ott .anal remove vegetative debris from within the ditch and for six(6)inches on cithcrside of the ditch. I N p1c,,il I,\,vegetation removal adjacent to ilic ditcli iN ac%:omph-,hcd using portable wccid cutters with non- 111CU111 IL blades Debris removal. For the purposc, A On,coiilr�ii,:t a ill consist ofspreading the removed debris adjacent to the ditch, on the downslopc side, �k licit dcht i, removal consists of off-haul. the contractor will be corripernsated bN the District providing, prior armweements have been made m-ith the Engineer. * Remove:col[L-ctedst)ildebris t*r(,)ittthe ditch. Accumulated soil debris shall be removed from the ditch and spread adjacent to the ditch,on the downslope side. \N11wit soil debris removal consists of off-haul. the contractor will be LO111PCnSatCd b',. the District providing prior arrangements have been made with the Engineer. * Check and cleat it'necessary the associated drain inlets.All drain inlets at the termination ofa B-58 ditch must be free from debris and capable of collecting and conveying runoff. 11oriz-onial Drains Provide labor and materials to restore,repair or maintain existing horizontal drain sites. Restore horizontal drain outlets site including-. • Remove vegetation and debris around outlet • Restore, repair or maintain the identification marker. • Replace or repair drain outlet • Ailcillpt Io locate and restore outlet site it'reported "unable to 1(,x:atc" Piez-ometer illotsiton- Provide labor and materials to restore.repair or rephicc exostilig,piczometcr sites. Restore piezometer sites including,: 0 Install retrolithiig cap iivwll-,ilioii hard%viuc W CmA ung site, it)restore a locking well • I)RIVide and itis%fll lock,, fur call sites • Rc`iore, repair or maintain the identification c�i,,Illuf • \iicnipt its loc.ite and restore damaged or unable it)locate sites as directed Subdrain Owletv Pro%ide an inspection ot',fll -,ubdrain outlets iticlutfing: Provide a site inspection to each site to confirm outlet conditiori Lmxate outlet location using GPS equipmew Winterization Provide labor and materials resources to procure and install winterization materials as directed by the Engineer. including;� • Install slope protection materials including; o Plastic sheeting c, Erosion Control Blankets 0 Erosion tolls--wattles Straw Bales Geo-synthetics tc. Enwrgencj,Reypomve Provide labor. materials and equipment to install crosion L01111%)l and winterization materials,as described above. Provide ethic emergency response assistimce as deemed necessary by the Engineer. Provide resources in accordance N�Ith the response lei el decribed Wow: Response Level I \, .I i 1)11 i.,,e %%I tit i it 214 hours- Respond to a I c�el I call within 4 hours. Prepare and mobilize to any District location within 7-4 hours. Pro\1,1;: the necessary workforce, materials anti 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 within 4 hours Respond to a Level 2 call immediately. Prepare and mobilize to any District location within 4 hours. Provide the necessary workforce, materials and equipment. Compensation for Level 2 is at the agreed(Normal)Labor and operated hourly equipment rates as defined in this contract(with a four(4)hour minimum for labor. Response I.e\el A Mobilize onsite Within 2 hotirs Work-forecand C(111111111ent sire on standby. Be prepared to mobill/c to multiple District locations within 2 hours. Provide the n,.-ccssar\ \�orkforce, materials and equipment and maintain a �tifficient workforce in the District until released by Nlaiiager or his designee(contractor must abide by lt:dcral, state and local regulations regarding labor). Compensation is at the agreed(Normal)Laborand operated hourlycquipt-ricut rates as defined in this conti-act.(with an eight(8)hour ininiHIL1111 f'or standby labor, I-quiptnentwill be cornpensatW for standby and active tints at the agreed rates. Other Additional Response Canyon Lakes Geologic Hazard Abatement District (GRAD) Siteworks Construction, Inc. Maintenance Sergi=ices Contract Appendix "B" )hev Schedule Contractor to he paid fir services performed on a unit cost 1,ia pis or at the rates, sho n on t1wAPOChed tet: schedule dated �t �� � � from iteworks Constrtr�ti�,tt. 1ni SITEWORKS CONSTRUCTION, INC. GENERAL ENGINEERING CONTRACTOR PO Box 1324 Lafayette. CA 94549 LICENSE#610597 FAX(M)2%-M7 Phone(925;284-1437 EQUIPMENT RENTAL RATES July 2007 1,0ADE11S . Bare serlp ton m. D'IV Week Month CAT 966-D Loader 587,50 2,35000 7 000,00 16500 t,yd Bid,235 hp 45,000 1b,class John Deere 210-LE 4WD Loader 250,00 900,00 2,700.00 125.00 Gannnon Box,4-0-1,0 c lakt Cat 6 Skidsteer Loader 19500 780,00 2,34000 9500 lu Ciass,54!jp IDU ISS Bare DescriptionJ- Week —rVionth — Operated 1.11– – T ICAT D6XL-R Dozer/Ripper 80000 3 200 00 9,60000 17500 46,000 lb Class 6 war PAT(Poweri'AniLlt,Yalu Blauv Dresser TD-7E Dozer/Ripper 300,00 90000 2,60000 125.00 14,0001b Class 6 way PAT tPowef1Ang4aTift,,Slade CAT CP-4330 Pad Compactor 16100 1.4so 00 4,30000 13000 115,51 1 ID Mass.110 hp-W Drum FXCAVATOR.S Bare Description Day Week Month Operated [Hitachi EX4-5-01-C-5 Excavator 985.00 3,700,00 11,100,00 24500 i!00,0041 lb,Class,301 hp 96' i41 Gy}Bucket Hitachi EX330LC Exc. w/thumb 77500 3000,00 8,900 DO 215.00 i-72,OW lb, Class,240 lip,36'and 54' Buckets Cat 322CLR Excavator-Long Rch 1.250.00 3,700,00 11,000,00 225,00 66.000 lb Class, 188 hp 60"Bucket,W Rearn Cat 315L. Excavator w1thumb 525,00 2,100,00 6,200 00 15500 �8000 lb Class, 105 hp 214"&W and 48'Bud*s TffkEiX HR42 Exc w1thumb 40000 1,60000 4750-00 145.00 ,�,Ouulb Class, I u2rk_"4S Vii"and ars i3uc s q. Bobcat 331 Excavator 25000 90000 2.70000 12000 7,126 lb Class 40 lip 12, 1£r",.15'Buckets `FRUCKS Bare Desciription Day Week Month qp.2r4led Volvo A35D Articulating Dump 1,000 00 4,000 00 12,000.00 255 00 35 Ton Capacity:6WD.All-Terrain w1ift Gate International Water Truck 350.00 1.200,00 3,500,00 80,00 2000 Gal.Cap, REftLAL TERMS&CONDITIONS 0 All rates based on 40 his per week&168 hrs,per month * Operated rentals are based an prevailing wage rates * Certificates of insurance are required on all bare rentals * All rates are based on normal working conditions Highly abrasive or hard rock coriddimis vvtli be billed at a premium * For bare rentals,renter is responsible for fuel,oil&minor maintenance. * All transportation and taxes ww t>e paid to and from job site by Renter M48. 95110 53924 363(40) 4-4(ti3) 40-55 Sid' M 495 858.5 $61 18 44 9 05) 617.8 167) 5,S-67 T VWH,I 300A 8718 S20'02 TRUCKS.DUMP,ON-11 I(111 WAY 1 1 R1 T400*1 40t1S.I 40UA 10111 $01,85 1 T 600).C.B,A Sul S6$12 DELAY kA(JOR OvElfrImEtAC'I Olt 1,00 9943 $116,86 locludes all clul dump.Side 11VU011.111.1 h0ly LIUM13 tylicl.nu luduir all T$008,T 900&T*X) HVII S109,93 atumhturnts anda"v-v*o1k*, r8000 9871 ti 11)61 TRVCK ON-flIGHWAY (TRUN I Nil 8V5 5214"01 Model Code Rite V414) 8950 $23,09 2AXL S3944 V410 8951 S*26 17 3 axles 3AXt- V 434 *0 414 9000 5 2-14 4 axle 4AXL 5511 6" V 441) 9015 $25 4'. 5;1XIC, SARI. 566.34 V 4541 9017 V11,15 V 454 9020 52633 WELDING EQUIPMENT I Wfam I v I ii(I 9025 Sit 94 TRUCK,TRUCK TR,41LERS,F.XL'I,. 1 11,RUCK 1 DELAI 1, �( l(M Q.21 OVkRUME FACTOR bont ........ DUMPTRUCKS&FQrrTRAII. ARC WELD IN f- %IACHINF-S AWM !)MAY FACYOR- 4.17 0VLWI'tME FACTOR 4JAI Diesel-P$Of CICLUA;POWONIC1 InClUtICS hellnet$'hoklcn.cable lo,chjdes afl:1riaLhoteras and acLvssonc,related ft.haalog.with and wilhow aW all auachmcn6 And acceswries Rate capacity in AmPf, tralter.a,oewed. Wudrs water trucks.(xi&trudis And Pa"ClIjef vehfctrA. OVER TO CodL Rate w4bnIm#4w.Aupuoa LtsWdbyWj'SGV"sS{Schick Wright ra 0-250 $4-44 KikWumstp000ds)- Fat tractor-tMilefuntu.the Stu"Yclork wciol of d"'i.srryiug ttoit or 1.11€11 will.ulrtrtrt. to the tax at watt'(tusks°the rank nstt 0 250 SOU 294-500 58,66 the pv%vebx,kweit;jg For atiachtactit allowab—'=attao"cot cJass° Over 50(l 500 59:01 TRUCKS T&TT I GAS WFLDtNG OUTFIT GWO I OVER TO Ckuk- Ralc Inclutics regulator,1.6 txieter�425 feel)of h+uc.turclt.gum ice. 00-06 S1532 lightet and attachment,;arycl faxxrwxks- Gas and rod shalt he Pold CAM uik-kN 680 kg,(3/4 Ilgiftf separately, .1175(70011) 1-443(120W)Noweal! 06-12 SI`'09 W&C! ('txk Rate Px:kup* %23.63 ALL ALL 50.33 0 '4 (1 22f)(till, Y072 I Z(KH)(I) 12-20 90'r.(20(100) 10-28 525,74 12701 i2 O00) 16330(3640)) 29-36 53116 16330(16t)t1)j 21771("IM! 3649 SIR.53 21771(490M) 172164600(kl) 48-60 $4704) '721rylttttit )) Over 60 MUM I F77 I�ItL( I)tl,kN I t( ('OR- 0.10 t>1 y,It I'tM V.FAt"FOR- 0.76 ljwlwcdeal dump,belly.!wap and carthipava types. Listed in ac%:ordats-with W4 rated"PAQ0 i13 tOnAft (tette). In the cusc of canhato-l'types,rated by MWsV1111JU14triw CaPAC11Y,a JjWfarof 14 h-gults pC1';Ubj4:meter(1-1/1 tons 1W 4�ubic yard) Ofilruck ,;.VaWy 111311 be towd TRI.C I%OFF-HIGHWAY TRU QVER TO LWc Rate Q'I (10) 13,611**) 16115 $36,73 I h3(01) 20o(") 19-22 566.00 20.0(22) 243(27) 22-27 582.26 24.5(27) 29,0(32) 27-32 S94,11- 29,()(K) 363 001 3240 5127,44 33 Canyon Lakes Geologic Hazard Abatement District (CHAD) Siteworks Construction, Inc. Maintenance Services Contract Appendix -C" Resolution of Construction Claims III BIA, ( (YNTR %(*T CODE SECTION 20104-20104.6 20104. (a)(1) I his arfit:Ie ,tpphcs to all public works claims ofthree hundred seventy-five thousand dollars ($375.000)or less xii hich arl,,e between a contractor and a local agency. (2),"his article shall not apple to any claims restilil'in-, fh ill) .1 cOnLrd'et,between ii contractor and a public agency when the public agency has elected it)resole c atiN (conimencing with Section 1024(.1)of Chapter I ol-Part 2. (b)( I ) "I'LiMic work" has the same inearin-l- as in Sccilons 3100 and 3106 of the Cie it Code.except that public ,cork"" d(,cs not include WINI \Nri,irk or lIIIPro\cnjcnt contracted for by the state or the Regent:of the 62). "Cllairn" means a separate demand by the contractor for(A)a time extension, (B)pkyrlient of motley or damages arising frorn kt,(A done by,or on behalf of,the contractor pursuant to the contract for a ptiklic work and payment of which Is not otherwise expressly provided for or the claimant is not otherwise entitled to. or (C:)an arriount the payment ofckhich is disputed by the local agency. c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim tinder this article. (d)This article applies only to contracts entered into on or alter January 1. 1991. 20104.2. For any clai rn subject it) this article. the ic It)I 10%1,int requirements apply: (a) 'Theclaim shall be-in writing and include the documents necessary to substantiate the claim. Claims must be filed on or betbre the date offinal pa.Nnicrit. Nothing in this subivisllon Is, Intended to extend tile iiine limit or supersede notice requirements othermse provided by contract for the filing, (A'claims. (h) ( I I For claims of less than fifty thousand doilal-, (,$�0.00(11, tile local agcncv shall respond in writing towv- �tirlttcn claim within 45 days of receipt (,I' the claim. or Ilia\ request, in kvi-iting. \%ithin 'M days ofreccipt of' the claim, any additional documentation SUIlpOl I Ill", the claim or relatliitt to dc1'Cnsc,, it) the claim the local agency may have against the claimant. to this subd I k, 1. upoll mutual agreement o I the ic locii I agcncy and the claimant. (3) 1he local agency's written rcsporisc it,I lic claim.I.as I Urther documented,shall be submitted to the claimant within 15 days after receipt o I'i I It: further LI nicniation or %%I Ill Ill a 1)(1-1 Wdo I't I nic no greater than that taken by the claimant in producing the additional int'OrIllation. \i.hichcver is greater i k:)i I ) I s,r clainis of ewer fifty thousand dollars 3 ($50.000)and less than or c(I tial it)three I W.Hdred sevent,*-I*i\,e thOLIsand dollars($.3 75,000).tile local agency shall respond in writing to all %vrittcii claims within 60 days of receipt of the cialill, or may request, in writing,within 30 days ofices:1pt of the claim,any additional documentation supporting the claim or relating to defenses to tile claire lite local agency may have against the claimant. (2) If additional information is thereafter required.it shall k-requested and provided pursuant to this subdi,6sion,upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim., as Further documentedshall 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 producirg,, 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 notif'V the local agency, in writing, either N,,ohin 15 days of receipt of the local agency's response or within 15 days of the Page 7 of 9 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 agciic� shall schedule a meet and confer conference within 30 days for settlemetit of the dispute. (e) Following the inset and confer conference. it the claim or any portion remains in dispute. the claimant naay file a clnirn as provided in Ch ipter I (commencing with ,`section 9001 and Chapter , (,coninicricliw, 1r ith Section 910) of Part 3 of lyavision Ui of"Fitde 1 of the(iovernment Code, For purposrs cct Tilt,*) provisions. the running est the period of time within which a claim must he tiled shall be tolled frcim the ilnic Clic clainiant stibniits his or her written c:laini pursuant to subdivision ta)until the timethat claaint is elenie'd a.4 a result ol'the mcct and canter process. including any period ottiinc utili;,.cd by the meet and conferprocess. (1)Tlus article cities notapply to tart claims and nothing in this article is intended nor shall be construed to change the )laic periods for filing taut claims or actions specified by Chapter 1 (cominenc:ing wvith Section 900) and Chapter , (commencing with Section 910)of Part I est Division ; (, tit- I itle l of the Government (_'ode. 20104 -4, 1 he following procc lures<irc•c•staabli,hed for all cis ilaclionN tiled to resolve:claims subject to this arth:l:: t.i) Within 60 days,. but no earlier ilimi W days, lollk,%ti Mu, the filing or responsive pleadings, the c k otirt sh,_all suhnrit Ilia matter to non winding naedi.ation unless waived by tnutuaal stipulation of both parties. I'lic mediation process shall prat ide for the selection .�ithin 15 days by both parties of a disinterested third person as mediator.shall be;coinnicnced within 30 days otthe subnaitt.d.and shall be concluded within 15 days from the commencement of the mediation unless a time rrcluirciiient is extended upon a good cause shoeing,to the court or by stipulation of both parties. If the parties tai I to select a mediator within the 15-day period,any party may petition the court to appoint the mediator. (b)(I)If the matter remains in dispute,the case shall be submitted to judicial arbitration pursuant to Chapter 2.5(commencing with Section 1141.10)of Title 3 of Part 3 ofthe Code cifC'iyiI Procedure, notwithstanding Section 1 141.11 of that code. Alae Civil Discovt ry Act(Title 4(commencing vith Section 2016.010)of Part_4 of the Code of Civil Procedure)shall appf\ to my 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 %4 here the.arbii gator. for good cause,determines a di fl rent division. In no event shall these fees or expenses be livid by state or serum\ Rinds. f!) In addition to Chapter (COnlniencint \\ith Section 11-11.10) of. I isle i of fart , of the; Code o1`C'ivi) Procedure, any party whoaticr receiving an arbitration aavard rerqucsi :t i rind denovo hint does;riot obtain a nitre f,t\i-rabic judgment shall,in addition to payment of costs and tees under that chapter,pad the attorney's 1ec•s of the other party arising out of the trial de nova. (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 tail to pay money as to any portion of claim which is undisputed except as otherwise provided in the contract. (b)In any suit filed tinder Section 20104.4. the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. ,As stipulated in the Labor Code.Section 1861 each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work on the contract: A ant 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 I self-insurance in accordance with the provisions of that code,and Iixill cornp1% x%Ith Stich Provisions before Commencing the perflonmance ofthe work of this contraLA" 0 1 Signature Print Nance V4". 4t ks CAMM I-Oxman,tftl 0 Cienotal foli.C04,11APhOs 11,0 [lox 13N Latayette,(;A 9049 Name of Contractor page�k