HomeMy WebLinkAboutMINUTES - 03232004 - C15 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, CANYON LAKES
GEOLOGIC HAZARD ABATEMENT DISTRICT
FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR
DATE: March 23,2004
SUBJECT: APPROVE and RATIFY Decision of the General Manager to Negotiate & Award a Contract to
GradeTech, Inc. for the Cleaning of B-58 Ditches Within the Boundaries of the Canyon Lakes Geologic
Hazard Abatement District, San Ramon Area, (WO#5148)
SPECIFIC REQUEST€(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and RATIFY decision of Gray-Bowen and Company, as General Manager of the Canyon Lakes
Geologic Hazard Abatement District (GHAD), to negotiate and award a contract with GradeTech, Inc., San
Ramon,California in the amount of$60,000 effective February 1, 2004 through June 30, 2004 for the cleaning of
B-58 ditches located within the District.
II. FiscalIMpact:
There will not be any impact on the County General Fund. The Canyon Lakes GHAD is funded through special
assessments on properties within the boundaries of the Canyon Lakes GHAD.
Continued on Attachment:X SIGNATURE:
_.j,,,REM71;1MEN1)AT10N OF COUNTY AI)MINISTRA'FOR
_RECOMMENDATION OF BOARD COMMITTEE
:,,.APPROVE OTHER
SIGNATURE (S): t
ACTION OF 4AIR?CIN MARCH 23, 2004 APPROVER AS RECOMMENDED xx OTHER
I hereby certify that this is a true and correct
VCTOF SUPERVISORS NONE copy of an action taken and entered on the
_ UNANIMOUS(ABSENT } minutes of the Board of Supervisors on the date
AYES: NOES: shown.
ABSENT: ABSTAIN:
ATTESTED: MARCH 23, 2004
JOHN SWEETEN,Clerk of the Board of
Supervisors and.County Administrator
G:\GrpData\SpDist\Board Orders\2004\03-23-04 BO-B-58 Ditches GHAD.doc
SE:Crum
Orig.Div: Public Works(Special Districts) By ,Deputy
Confect: Skip Bpperly(313.2253)
cc: County Administrator
County Counsel
Gray-Bowen and Cornparty
SUBJECT: APPROVE and RATIFY Decision of the General Manager to Negotiate & Award a Contract to
GradeTech, Inc. for the Cleaning of B-58 Ditches Within the Boundaries of the Canyon Lakes
Geologic Hazard Abatement District, San Ramon Area.(WO#5148)
BATE. March 23, 2004
PAGE: 2
III. Reasons for Recommendation and Background:
GradeTech, Inc. has provided preventative maintenance and construction services to the Canyon Lakes
GRAD on several occasions and has experience in responding to and assisting the CHAD with the repair of
landslides and landslide related work in Canyon Lakes and the surrounding area.
in late 2003,the GHAD received several calls from Homeowners Associations within the District,concerned
that some B-58 ditches were full of debris and may overflow if heavy rains occurred. B-58 ditches are
generally cleaned on an annual basis in the fall of each year. However,the cleaning had not been completed
by the beginning of the rainy season,because a new contractor was being hired who could perform the work
for a more competitive price. District staff was in the process of retaining GradeTech, Inc. to complete the
work, but was unable to obtain approval from the Board of Directors prior to the heavy rains beginning.
This necessitated the General Manager awarding the contract on an emergency basis and seeking the Board's
ratification of the contract at a later date.
IV. Consequences of Negative Action:
Without Board approval,reimbursements for costs incurred to date by the contractor will not occur.
CONTRACT
B-58 Ditch Cleaning
1. PECIAl.TERMS.These special terms are incorporated below by reference.
(See Secs.2,3)Parties: Public Agency -Canyon Lakes Geologic Hazard Abatement District
Contractor - GradeTech,Inc.
P.0.Box 1728
San Ramon,CA 94583
Effective Date: February 1,2004
(See Sec.3) Project Name,Number and Location:Cleaning of B-58 ditches,located in the Canyon Lakes
Community,San Ramon,California area.
The work consists of an call services as described in Appendix A.
(See Sec.4) Duration: June 30,2004
(See Sec.4) Public Agency's Agent: Karen Gleeson Project Coordinator,Gray-Bowen and Company,Inc.
(See Sec. 5) Contract Limit: $60,000
(See Sec.6) Federal Taxpayer`s 1.1.77-0287615
2. SIGNATFTRPS,&ACKN ;xn ET7C:h,AENI.
Public Agency,By:
Gray-Bowen and Company,Inc.
General Manager
Contractor, hereby also rerti wareness of and compliance with Labor Code Sections 1861 and
3700 concerning Work tion Law,
By: �`
(Desi tea xcial capacity in the business
(Designs e official capacity in the business)
Kyte 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 )
} ss.
County of A l a/tAl A )
On the date written below,befo a me, �� "f �'l t"}���� personally appeared(insert name and title
of the officer) .Fi G t personally known to me(or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and aclaiowledged to me that
he/shehhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seat.
Dated:
(Notary's Seat) (Notary Public)
LORI 183AMRRY
CORyAAt1.#1405317
N0r tritr thu W* am"
ALAMEDA�Y
Comm. APRIL 11.2007
3. WORK C ONTRArT rHANC,FC (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. TIMF- NOTICE.3:0 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 ail 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 limits 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 service,the employee categories,hours and rates. Contractor shall also submit with each invoice a conditional lien
release to cover work performed under said invoice. Public Agency will pay Contractor in accordance with the requirements of Civil
Code Section 3320 as applicable.
6. PAYMENTS WIUM I D (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 or reasonable evidence indicating probable filing,or
(3) Failure to properly pay subcontractors or for material or labor,or
(4) Reasonable doubt that the work can be completed for the balance then unpaid,or
(5) Damage to another contractor,or
(6) Damage to the Public 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. INSI TRANCE_ 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;
and(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 Gray-Bowen and Company,Inc.,Contra Costa
County,Canyon Lakes GIIAD,and their boards,officers and employees as additional insured. Contractor is aware of and
complies with Labor Code Section 3700 and the Workers'Compensation Law,
8. BOND Contractor shall provide, if the contract exceeds$25,000.00, at the time of the execution of this contract, 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 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 of said bond shall be satisfactory to the Public Agency.
9. FATTJIRE TC)PERFORM If the Contractor at anytime 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.
(Page 2 of 7)
10, LAW,; APPLY. Both parties recognize the applicability of various federal, state and local laws and regulations, especially
Chapter I 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.
11. Sl IBCt M A=S- Contractor shall not subcontract any work without approval of the General Manager.
12. WArF RATE& (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 forbids 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.
(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. 1401 IRS DE IABOR_ 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, APPREM CE_S Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections
1777.5 and 1777.6,forbidding discrimination.
15. rlj EC �,)MY OF Ct3XMA 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. A StriNt ENL 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, tin WAIVER BY PIMUC 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. HOD HARrutt.ESS AND M.E.MNITY (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 Gray-Bowen and Company,Inc.,Contra Costa County,Canyon
Lakes CHAD,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.
(Page 3 of 7)
(d) The actions causing liability are any act or 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. FXC'AVATiC►iV. 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 RFTENTTDN 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. 11SE OF PRTVATF.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. RENTAT AND WAGE R ATF.S 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. SIJRMTTTAT.OF PRDpC)SAT FDR SERVICES. Contractor shall submit for consideration a proposal to renew annual
contract no later than May 15,2004 to the offices of the Canyon Lakes CHAD,located at 1820 Bonanza Street,Suite 204,
Walnut Creek,California 94596. Submittal shall be in written form and delivered via U.S.mail.
F:\DATA\CHAD files\Canyon Lakes\Administration\Vendors\GradeTech\FY 03-04\13-58 Cleaning contract.doc
(Page 4 of 7)
Canyon Lakes Geologic Hazard Abatement District(GHAD)
GradeTech,Inc.
B-58 Ditch Cleaning Contract
Appendix"A"
Scope.of Fork
Under this contract, GradeTech, Inc, (CONTRACTOR), agrees to provide services to the Geologic
Hazard Abatement District (GRAD) on an "on call" basis, to clean all B-58 Ditches located within
the Canyon Lakes GHAD, as described in GradeTech's proposal dated February 19, 2004
(attached).
Under the direction of the General Manager or his designee, CONTRACTOR agrees to provide
labor and materials to perform work on a task-by-task basis. Said tasks are subject to the payment
limit in Section 1 of this Agreement. Task orders will be issued on a unit cost basis and/or force
account basis at the sole discretion of the General Manager.
(Page 5 of 7)
—.... ... ..... vi«sur,I.....i
GradeTech Inc.
General Engineering Contraatotor
Ue.A 6MM
February 19, 2004
To, GrHAD
1820 Bonzam 5t, Suite 204
Walnut Creek, CA 94596
Attn. Karen Gleeson
Re: Bid for Cleaning Conmetc Ditches for Canyon Lakes
Dear e'en,
As you requeted 1 recalculated the ditch cleaning into 2 basic categories.
1. Ditch#6 2,000 LF at 2.235/L F 4,470.00
2. Ditch varied armunts of dirt. Dirt will
be dug out and placed=11 to ditch
31,000 LF at 1.11lLF =3 4
Note Unit price based on doing the whole 38,880.04
quantity of work, not a portion of.
Work Includes:
1, Ween wac)dM of concrete ditch with the sloped area of the ditch, to allow
proper cleaning of the ditch.
2. Excavation of dirt and debris from ditches.
3. Dispose of dirt and debris on other side of path(for category l and 2 only)
P.O. Box 1728,Baas Ramer,CA 94583-Tei: (510) 733 m Fax:(51 C3)733-€3389
i LUH INN 'AGE �2
Cat �
1. There are some trees and W-P bush that should have be.removed
as CUrltra�tS;, by�reV�t�U3
obstruct the ditches. we exclude removal of the items in our
quoted price. We Will remove the above on a from and material basis.
2. Bid based on corlditions observed 12-30-03 any chars would be extra
3• No clearing ride catch basin.
4. Based on being paid at unit prices for work.complete.
If you have any questions ply do not hesitate to calf.
Eric Remson
S /Treasurer
Canyon Lakes Geologic Hazard Abatement District (GHAD)
GradeTech,Inc.
B-58 Ditch Cleaning Contract
Appendix "B„
Fee & Rate Schedule
Contractor to be paid for services performed on a unit cost basis as outlined in Grade'T"ech's
February 19, 2004 proposal.
(Page 6 of 7)
Canyon Lakes Geologic Hazard Abatement District (CHAD)
GradeTech,Inc.
B-58 Ditch Cleaning Contract
Appendix "C"
Resolution of Construction Claims
ATTACHED
(Page 7 of 7)
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TUBL-,"WCONTRACT 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
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requested acid -provided. pursuant to this subdivision, upon mutual
agreement of the local agency and the claimant.
(3) The local aVency's written response to the claim, as further
documented, shall be submitted to the claimant within 30 days after
receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional
information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response,
or the local agency fails to respond within the time prescribed, the
claimant may so notify the local agency, in writing, either .within 15
gays 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.
(€) 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 of 1986 (Article 3 (commencing with Section 2016) of
Chapter 3 of Title 3 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,
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such fees and.>expenses shall be paid equally by the parties,
except in the case' of arbitration`where. the arbitrator, for good
cause, determines ;ad,if]fiexe'xit divisidn'.' In no event shall these fees
or 4xprnses be'paid by''atate, ,or county fuhds.
(3) In addition to 6"ier'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.
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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