HomeMy WebLinkAboutMINUTES - 10142008 - C.7 se t
TO: BOARD OF SUPERVISORS, BOARD OF DIRECTORS, ? �G-=� Contra
OF THE CANYON LAKES GEOLOGICAL HAZARD ;
ABATEMENT DISTRICT
Costa
of uae S
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR O u n ty
s' cP �+
DATE: October 14, 2008
SUBJECT: APPROVE AND AUTHORIZE the Canyon Lakes Geologic Hazard Abatement District (GRAD)
General Manager, Richard D. Short, Kleinfelder West, Inc., or designee, to execute a contract with
Dover Construction, San Ramon area. (Canyon Lakes GHAD Funds) (District III) Project No.: 7761-
6X5148
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE AND AUTHORIZE the Canyon Lakes GHAD General Manager,Richard D. Short,Kleinfelder West,
Inc., or designee, to execute a contract with Dover Construction in an amount not to exceed$130,000, to provide
maintenance and emergency response services to the CHAD,for the period of September 1,2008 through June 30,
2010.
FISCAL IMPACT:
There is no impact on the County General Fund. The Canyon Lakes GHAD is funded through assessments
levied on properties within the boundaries of the Canyon Lakes GHAD (100%).
CONTINUED ON ATTACHMENT: [x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA COMMITTEE
APPROVE OTHER
SIGNATURE(S): /'..��--
ACTION OF BOARD ON mGJ06(��� g APPROVED AS RECOMMEND D OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Warren Lai,Special Districts (313-2180)
G:\SpDist\Board Orders\2008\Board Orders 10-14-08\BO Dover Construction ATTESTED Qeo
BH2O08-2010.doc DAVID TWA, CLERK OF THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
cc: County Administrator
Assessor
Auditor-Controller
Community Development BY: ,DEPUTY
County Counsel
Special Districts
SUBJECT: APPROVE AND AUTHORIZE the Canyon Lakes Geologic Hazard Abatement District
(GRAD) General Manager, Richard D. Short, Kleinfelder West, Inc., or designee, to execute a
contract with Dover Construction, San Ramon area. (Canyon Lakes GHAD Funds) (District III)
Project No.: 7761-6X5148
DATE: October 14, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Canyon Lakes GHAD annually contracts for scheduled asset maintenance including; the maintenance and
annual cleaning of B-58 interceptor ditches. B-58 interceptor ditches and drainage systems are an integral system
designed to control surface water drainage, primarily in open space areas, and protect down slope properties by
collecting and conveying surface water runoff away from improved properties. It is necessary for the GHAD to
contract this cleaning and maintenance work annually as an element of its Preventive Maintenance Program.
Additionally, the GHAD annually contracts with local contractors to provide emergency response assistance to
temporarily stabilize geologic hazards as they occur.
The response team of contractors and consultants for the GHAD must cooperate with and work along side other
emergency response teams from other agencies within the District(i.e.: The Homeowners Association and the local
Sheriffs Department, City of San Ramon officials, etc.) during mutual assistance response conditions.
The Canyon Lakes GHAD Manager recommends that Dover Construction (Contractor)provide preventive
maintenance construction services, due to its institutional knowledge of GHAD field assets and the District's
logistical challenges.
CONSEQUENCES OF NEGATIVE ACTION:
Without Board approval, the District would not be able to carry out its mandate to prevent and mitigate
geologic hazards, putting properties and improvements at additional risk.
CONTRACT
(Standard Form Maintenance Services Agreement)
1. SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs.2,3) Parties: Public Agency—Canyon Lakes Geologic Hazard Abatement District
Contractor—Dover Construction,a Sole Proprietorship
2642 Pyramid Drive
Tracy,CA 95304
Effective Date: September 1,2008
(See Sec.3) Project Name,Number and Location:General Maintenance Activities located in the Canyon Lakes community,
San Ramon,California area.(Project#:7761-6X5148)
The work consists of maintenance and emergency response services as described in Appendix A.
(See Sec.4) Duration: June 30,2010
(See Sec.4) Public Agency's Agent:Richard D.Short,General Manager,Kleinfelder West,Inc.
(See Sec.5) Contract Limit: $130,000.00 Summary: (per year) B-58 cleaning $25,000.00
Emergency Response $40.000.00
Contract#: 1 Per year $65,000.00
(See Sec.6) Federal Taxpayer's I.D.or Social Security No. 91-1769377
2. SIGNATURES&ACKNOWLEDGMENT—These ignaturel attest a parties'a r ment ereto:
Public Agency,By:
Richard D. Short,Kleinfelder West,Inc.
General Manager
(See Sec.24) Contractor (Dover Construction, a Sole Proprietorship), hereby also certifying awareness of and
complianc 'th Labor Code Sectio 861and3700 concerning Workers'Compensation Law,
ay.
(Designate official capacity in the business)
By:
(Designate official capacity in the business)
Note to Contractor: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the
board,president or vice president;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant
treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of S h )
On� '300Y beforeme,
nn (insert name and title f the offi r)
Personally appeared� L
Who proves to me on the basis of satisfactory evidence to be the person(s)whose name(.6)is/aR subscribed to the within instrument
and acknowledged to me that heA4*4 3ey executed the same in his/kerkhe+r authorized capacity4e4 and that by his/herltlu:ir
signature(ej on the instrument the person(.&),or the entity upon behalf of which the person(&)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS tand andpofficial seal.
Signature f (Seal) VANITA P. MISTRY
CoMM.# 1725397 N
in
N NOTARY PUBLIC CALIFORNIA
SAN JOAOUIN COUNTY
Page 1 of 11 Mr Comm.Exp.FEB..16��
3. WORK CONTRACT.CHANGES (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set
forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS.
(b) Contractor shall,at his own cost and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and will furnish all
materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in
accordance with the scope of work as described in Appendix A.
(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. TIME:NOTICE TO PROCEED. Contractor shall start this work as directed by the General Manager or his Agent or the Notice to Proceed;and shall
complete it as specified in Section 1,SPECIAL TERMS.
5. PAYMENT. Public Agency shall pay Contractor for services performed at the rates shown in Appendix B attached hereto.,which include all overhead
and incidental expenses,for which no additional compensation shall be allowed. Notwithstanding the foregoing,those incidental expenses specifically itemized
in Appendix B shall be reimbursable by Public Agency to Contractor,provided that Contractor submits copies of receipts and,if applicable,a detailed mileage
log to Public Agency. In no event shall the total amount paid to Contractor exceed the payment limit(s)specified in the Contract Limit without prior written
approval of the Public Agency.Contractor's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list,for each
item of services,the employee categories,hours and rates. Public Agency will pay Contractor in accordance with the requirements of Civil Code Section 3320
as applicable.
6. PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all
or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of:
(1) Defective work not remedied,or uncompleted work,or
(2) Claims filed br 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 Agency,other than damage due to delays.
(b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which are
not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts.
7. INSURANCE. A Contractor performing services under this contract shall provide at all times the following insurance in amounts not less than those
specified: (a)Workers'Compensation Insurance complying with the laws of the State of California;(b)Comprehensive General Liability Insurance,including
blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for owned and non-owned vehicles, with a
minimum combined single limit coverage of$2,000,000 for all damages due to bodily injury, sickness or disease,or death to any person,and damage to
property,including the loss of use thereof,arising out of each accident or occurrence,and naming Public Agency,Contra Costa County,Richard D.Short,
Kleinfelder West,Inc.,Sands Construction Company,Inc.,their boards,officers and employees as additional insured. Contractor is aware of and complies with
Labor Code Section 3700 and the Workers'Compensation Law. Contractor shall promptly furnish to Public Agency evidence of insurance coverage in the
required amounts and requiring 30 days advance written notice to Public Agency of policy lapse,cancellation or material change in coverage.
8. BONDS. Contractor shall provide,if the contract exceeds$25,000,at the time of the execution of the agreement or contract for the work,and at no
additional expense to the Public Agency,a surety bond executed by an admitted surety insurer in an amount equal to at least one-hundred percent(100%)ofthe
contract price as security for the faithful performance of said agreement. Contractor shall also provide,at the time of the execution of the agreement or contract
for the work,and at no additional expense to the Public Agency,a separate surety bond executed by an admitted surety insurer in an amount equal to at least
fifty percent(50%)of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement.
Sureties on each of said bonds shall be satisfactory to the State.
9. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects,without fault of the Public Agency or its agent(s),to supply sufficient
materials or workmen to complete this agreement and work as provided herein,for a period of 10 days or more after written notice thereof by the Public
Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price.
10. LAWS APPLY. General. Both parties recognize the applicability of various federal,state and local laws and regulations,especially Chapter 1 of Part
7 of the California Labor Code(beginning with Section 1720,and including Sections 1735,1777.5,and 1777.6 forbidding discrimination)and intend that this
agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code,especially in Sections
1775 and 1813,concerning prevailing wages and hours,shall apply to this agreement as though fully stipulated herein.
IL SUBCONTRACTORS. Contractor shall not subcontract any work without prior written approval of the General Manager.
12. WAGE RATES. (a) Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general
prevailing rates of wages per diem,and for 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 are as specified in the call for bids for this work and are on file with the Public Agency,and are
hereby incorporated herein.
(b) This schedule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate 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.
Page 2 of 11
(c) The Contractor,and all his subcontractors,must pay at least these rates to all persons of this work,including all travel,subsistence,and fringe benefit
payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by
collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any
subcontractor to employ any person in a craft,classification or type of work(except executive,supervisory,administrative,clerical or other non-manual
workers as such)for which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of
the initial employment of the person affected and during the continuance of such employment.
13. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by
the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815.
14. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6,
forbidding discrimination.
15. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa
county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price,fitness
and quality are equal.
16. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or in part,
nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,unless they have
waived notice of assignment.
17. NO WAIVER BY PUBLIC AGENCY.Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement 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 damages or enforcement arising from the failure to comply with any of the terms and conditions hereof.
18. HOLD HARMLESS AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this
section.
(b) The indemnitees benefited and protected by this promise are Public Agency,Contra Costa County,Richard D.Short,Kleinfelder West,Inc., Sands
Construction Company,Inc.,and their elective and appointive boards,commissions,officers,agents and employees.
(c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined
below,including but not limited to personal injury,death,property damage,trespass,nuisance,inverse condemnation,patent infringement,or any combination
of these,regardless of whether or not such liability,claim or damage was unforeseeable at any time before the Public Agency approved the improvement plans
or accepted the improvements as completed,and including the defense of any suit(s)or action(s)at law or equity concerning these.
(d) The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this contract and attributable
to the Contractor,subcontractor(s),or any officer(s),agent(s)or employee(s)of one or more of them.
(e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any indemnitee has prepared,supplied,or
approved any plan(s),drawing(s),specification(s)or special provision(s)in connection with this work,has insurance or other indemnification covering any of
these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee.
19. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705,if applicable,by submitting to Public Agency a detailed
plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during trench
excavation.
20. RECORD RETENTION. Except for records delivered to Public Agency,Contractor shall retain,for 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 pertaining to the work,including without
limitation bidding, financial and payroll records. Upon request by Public Agency,Contractor shall make such records available to Public Agency,or to
authorized representatives of the state and federal governments,at no additional charge and without restriction or limitation on their use.
21. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior, written
agreement with the affected property owner(s).
22. RENTAL AND WAGE RATES. The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract.
23. CLAIMS. Resolution of construction claims shall be handled as outlined in Article 20104 of the Public Contract Code,attached to this contract as
Appendix C.
24. WORKERS' COMPENSATION INSURANCE CERTIFICATION.Contractor shall sign,and comply with the terms of,the certification required
under Labor Section 1861,attached to this contract as Appendix D.
Page 3 of 1 I
APPENDIX A
Canyon Lakes Geologic Hazard Abatement District (GRAD)
Dover Construction
Maintenance Services Contract
Scope of Work
Contract Tasks
Concrete Interceptor Ditches(B-58)
Contractor shall clean and map designated segments of B-58 ditches as directed by the GHAD
Engineer.
Cleaning shall consist of the following:
• Cut and remove vegetative debris from within each ditch and for six(6)inches on either
side of the ditch. Typically,vegetation removal within the ditch is accomplished using
hand tools such as shovels and brooms. Typically,vegetation removal adjacent to the
ditch is accomplished using portable weed cutters with non-metallic blades only (no
metal blades will be allowed).Any debris removed from within and adjacent to the ditch
shall be spread out onto areas adjacent to the ditch,on the downslope side.When debris
removal consists of off-haul, Contractor will be compensated by the GHAD under this
contract,providing a prior, written Task Authorization has been issued by the GHAD
Engineer.
• Remove collected soil debris from each ditch. Accumulated soil debris shall be
removed from the ditch and spread adjacent to the ditch,on the downslope side.When
soil debris removal consists of off-haul, the Contractor will be compensated by the
GHAD under this contract, providing a prior, written Task Authorization has been
issued by the GHAD Engineer.
• Check,and clear if necessary,all drain inlets at the termination of each ditch,to ensure
that such inlets are free from debris and capable of collecting and conveying runoff.
Mapping shall consist of the following:
• Observe and map any significant cracks(greater than or equal to 1/8"separation)in the
entire system and associated drain inlets.
• Observe and map any significant structural damage,other than significant cracks,in the
entire system and associated drain inlets that would impede flow or cause breaches in
the system.
• Provide maps and any written damage assessments to the GHAD within 30 days upon
completion of the drainage system cleaning.
This work shall be completed annually for each B-58 ditch within the entire geographic area of the
GHAD before October 15`h of each year of the contract.
Page 4 of 11
Emergency Response
Contractor shall provide emergency response assistance as deemed necessary by the General
Manager in accordance with the response levels described below:
Response Level 1 —Mobilize within 24 hours
Contractor shall respond to a Level 1 call within 4 hours; prepare and mobilize to any District
location within 24 hours, and 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 within 4 hours
Contractor shall respond to a Level 2 call immediately;prepare and mobilize to any District location
within 4 hours, and provide the necessary workforce,mate6als 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 Level 3—Mobilize onsite within 2 hours
Contractor shall continuously provide workforce and equipment on standby,be prepared to mobilize
to multiple District locations within 2 hours, and provide the necessary workforce, materials and
equipment and maintain a sufficient workforce in the District until released by General Manager or
his designee(contractor must abide by federal, state and local regulations regarding labor).
Compensation is at the agreed(Normal)Labor and operated hourly equipment rates as defined in
this contract (with an eight (8) hour minimum for standby labor). Equipment will be
compensated for standby and active time at the agreed rates.
Page 5 of I 1
APPENDIX B
Page 1 of 2
Canyon Lakes Geologic Hazard,Abatement District (GRAD)
Dover Construction
Maintenance Services Contract
Fee Schedule
July 1, 2008 —June 30, 2010 [See Note on page 2]
Crew Rates
3 Man Crew $241.00 per hour
3 Man Crew(OT) $307.00 per hour
4 Man Crew $309.00 per hour
4 Man Crew (OT) $395.00 per hour
Specialty & Standby Rates
Laborers:
Stage 1 $57.68 per hour
Stage 2 $62.34 per hour
Stage 3 $67.05 per hour
Group 1 $73.08 per hour
Skilled labor-jack hammer, concrete saw, pipe layers, concrete vibrators, chainsaw, etc.
Group 2 $71.81 per hour
Concrete handlers dumpers, laborers, & reinforcing steel work.
Group 4 $60.62 per hour
Trimming, mowing &.landscaping
Construction Specialist $73.28 per hour
Dump Truck Driver $81.58 per hour
Cement Mason $78.54 per hour
Equipment Operator $102.76 per hour
Labor Foreman: all jobs $82.02 per hour
Foreman: all jobs $120.30 per hour
Pickup/Tools: all jobs $27.50 per hour
All Terrain Vehicle: all jobs $20.00 per hour
Page 6 of 11
APPENDIX B
Page 2 of 2
Canyon Lakes Geologic Hazard Abatement District (GHAD)
Dover Construction
Maintenance Services Contract
Fee Schedule
July 1, 2008—June 30, 2010 [See Note below]
Flatbed Trailer: all jobs $65.00 per day
Gas Cutoff Saw: all jobs $135 per day
Water Meter: all jobs $215.00 per day
Generator: all jobs $76.00 per day
Brush cutter (Weedeater) all jobs: $63.00 per day
Backpack Blower: all jobs $50.00 per day
Soil Pin Install Tool: all jobs $350.00 per day
*All other equipment rentals, materials, and subcontractors at cost & 15%
*Saturday rates for all personnel are at 1 '/2 times regular rates.
*Sunday & Holiday rates for all personnel are at 2 times regular rates.
NOTE: Rates subject to adjustment effective July 1, 2009
Page 7 of 11
APPENDIX C
Canyon Lakes Geologic Hazard Abatement District (GRAD)
Dover Construction
Maintenance Services Contract
Resolution of Construction Claims
PUBLIC CONTRACT CODE
SECTION 20104-20104.6
20104. (a) (1) This article applies to all public works claims of three hundred seventy-five
thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2)
This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same
meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not
include any work or improvement contracted for by the state or the Regents of the University of
California. (2) "Claim" means a separate demand by the contractor for(A) a time extension,
(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 payment of which is not otherwise expressly
provided for or the claimant is not otherwise entitled to, or(C)an amount the payment of which
is disputed by the local agency. c)The provisions of this article or a summary thereof shall be
set forth in the plans or specifications for any work which may give rise to a claim under this
article. (d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article,the following requirements apply: (a)The claim
shall be in writing and include the documents necessary to substantiate the claim. Claims must
be filed on or before the date of final payment. Nothing in this subdivision is intended to extend
the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall
respond in writing to any written claim within 45 days of receipt of the claim,or may request,in
writing, within 30 days of receipt of the claim, any additional documentation supporting the
claim or relating to defenses to the claim the local agency may have against the claimant. (2)If
additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant. (3) The local
agency's written response to the claim,as further documented,shall be submitted to the claimant
within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information,whichever is greater. (c)
(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars($375,000),the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of
receipt of the claim,any additional documentation supporting the claim or relating to defenses to
the claim the local agency may have against the claimant. (2) If additional 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
Page 8 of 1]
APPROVALS/ACKNOWLEDGEMENTS
(Consulting Services Amendment&Contract)
$100,000.01 and Over
APPROVALS
RECOMMENED BY THE DEPARTMENT CONSULTANT -ry
Designee Print name of business entity
APPROVED BY COUNTY ADMINISTRATOR
By-._I
WNL
By: Signature of individual or officer
Designee
By:
FORM APPROVED BY COUNTY COUNSEL Print name and title A, if applicable
By:
Designee By:
Signature of individual or officer
By:
Print name and title B, if applicable
Note to Consultant: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the
board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant
treasurer. (Civ.Code,Sec.1190 and corps.Code,Sec.313). The acknowledgement below must be signed by aNotary Public.
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
SAIA JOAQUrN
COUNTY OF STA Q°
On LUL".' )9'T" ',1005 ,before me, Q ` ♦rh6wm wzc (insert name and title of
the officer) Notary Public, personally appeared
who.proved to me on the basis of satisfactory evidence to be the personM whose name(e) is/ace subscribed to the
within instrument and acknowledged to me that he/sheithey executed the same in his/heFA4teir authorized
capacityg"), and that by his/*eroheir signature(* on the instrument the person(e), or the entity upon behalf of
which the person(&)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and
correct.
WITN`EE my hand and official seal.
1 P yr (SEAL)
Signature of Notary Public
/.. VANITA P. MISTRY
APPROVALS-ACKNOWLEDGEMENT CSA-over 100,000A 6-19-08
YI NO ARYLUaIICCA 530RNIA N
SAN JOAOUIN COUNTY
Mr COMM.EXP,FEB. 16 1011 r
claim, as further documented, shall be submitted to the claimant within 30 days after receipt of
the further documentation, or within a period of time no greater than that taken by the claimant in
producing the additional information or requested documentation, whichever is greater. (d) If
the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed,the claimant may so notify the local agency, in writing,either within
15 days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet
and confer for settlement of the issues in dispute. Upon a demand, the. local agency shall
schedule a meet and confer conference within 30 days for settlement of the dispute. (e)
Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900)and Chapter
2 (commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the Government Code.
For purposes of those provisions,the running of the period of time within which a claim must be
filed shall be tolled from the time the claimant submits his or her written claim pursuant to
subdivision (a) until the time that claim is denied as a result of the meet and confer process,
including any period of time utilized by the meet and confer process. (f) This article does not
apply to tort claims and nothing in this article is intended nor shall be construed to change the
time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims
subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or
responsive pleadings,the court shall submit the matter to nonbinding mediation unless waived by
mutual stipulation of both parties. The mediation process shall provide for the selection within
15 days by both parties of a disinterested third person as mediator, shall be 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. If the parties fail to select a mediator within the 15-day period, any
party may petition the court to appoint the mediator. (b)(1)If the matter remains in dispute,the
case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section
1141.10)of Title 3 of Part 3 of the Code of Civil Procedure,notwithstanding Section 1141.11 of
that code. The Civil Discovery Act(Title 4 (commencing with Section 2016.010) of Part 4 of
the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties,mediators and arbitrators shall be paid necessary and reasonable hourly
rates of pay not to exceed their customary rate,and such fees and expenses shall be paid equally
by the parties,except in the case of arbitration where the arbitrator, for good cause,determines a
different division. In no event shall these fees or expenses be paid by state or county funds. (3)
In addition to Chapter 2.5 (commencing with Section 1141.10)of Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to payment of costs and fees under
that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The
court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
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20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract. (b) In any suit filed under Section
20104.4, the local agency shall pay interest at the legal rate on any arbitration award or
judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
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APPENDIX D
Canyon Lakes Geologic Hazard Abatement District (GRAD)
Dover Construction
Maintenance Services Contract
Workers' Compensation Insurance Certification
As stipulated in the Labor Code, Section 1861 each contractor to whom a public works contract
is awarded shall sign and file with the awarding body the following certification prior to
performing the work on the contract:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against.liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Contractor: Dover Construction, a Sole Proprietorship
(Michael L. Dover, Owner)
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