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HomeMy WebLinkAboutMINUTES - 05152007 - C.9 t*E-SEL ° TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD '�''__- "=_�' Contra BLACKHAWK GEOLOGICAL HAZARD ABATEMENT DISTRICT Costa x., b ;z .� FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR '` -- y COCounty ONT� DATE: May 15, 2007 SUBJECT: RATIFY the decision of the Blackhawk Geologic Hazard Abatement District (GRAD) Manager, Richard D. Short, Kleinfelder Inc., or designee, to execute and award a contract with Dover Construction in the amount of$85,000 to provide preventative maintenance services for the period August 1, 2006 through June 30, 2007, Danville area(Blackhawk GHAD Funds) (District III) Project No. 7760-6X5147 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: RATIFY the decision of the Blackhawk Geologic Hazard Abatement District(GRAD)Manager,Richard D.Short, Kleinfelder Inc.,or designee,to execute and award a contract with Dover Construction in the amount of$85,000 to provide preventative maintenance services for the period August 1, 2006 through June 30, 2007. FISCAL IMPACT: There is no impact on the County General Fund. The Blackhawk GHAD is funded through revenues generated by County Service Area M-23 (CSA M-23). CONTINUED ON ATTACHMENT: Mx SIGNATURE: ,::z RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER r SIGNATURE(S): / ACTION OF BO ON /%t'L!/ APPROVED AS RECOMMENDED V OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT ./ ��(�/ COPY OF AN ACTION TAKEN AND ENTERED ON • UNANIMOUS(ABSENT /•��.G ) 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\2007\05-15-07 Blackhawk Dover Contract.doc ATTESTED JOHN CU N, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator Assessor Auditor-Controller Community Development BY: ,DEPUTY County Counsel P.Denison,Accounting W.Lai,Special District SUBJECT: RATIFY the decision of the Blackhawk Geologic Hazard Abatement District (GHAD) Manager, Richard D. Short, Kleinfelder Inc., or designee, to execute and award a contract with Dover Construction in the amount of$85,000 to provide preventative maintenance services for the period August 1, 2006 through June 30, 2007, Danville area (Blackhawk GHAD Funds) (District III) Project No. 7760-6X5147 DATE: May 15, 2007 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: According to Board Resolutions 86/139 and 86/210, the GHAD's responsibility is to oversee the prevention, mitigation,abatement and control of threatening landslides within the District. The District currently maintains the adopted preventative maintenance program that addresses the prevention and mitigation of landslide effects. In June of 2005,the District solicited qualified contractors to perform District repairs for the fiscal year 2005/2006. In July of 2.005 three. of the four pre-qualified contractors that were invited to submit bids for the Preventative Maintenance Program submitted bids. The General Manager authorized contracts for all three contractors. Subsequently, in Fiscal Year 2006/2007, due to the volume of slope mitigation work resulting from the extremely wet winter and spring season a fourth pre-qualified contractor, Dover Construction, was added to the list of the District's contractors. Dover Construction was awarded an$85,000 contract to perform slope repair and preventive maintenance work for the District. The District's Preventative Maintenance Program is a vital component in fulfilling the District's mandate to prevent, mitigate and control landslides whenever possible. CONSEQUENCES OF NEGATIVE ACTION: Without the Board of Supervisors' approval, necessary repair and preventative maintenance work cannot be completed in a timely manner. CONTRACT (Standard Forin Maintenance Scrviccs Agreement) 1, rPECIALTHRNJS, 111cs;e spuchjl terojs are incorporated below by rcfttrence. (Sec Sccs,Z3) Parlies: Public Agency—Blackhalik-Gcoh)gk Hazard Abatement District coull-acior -Dover Construction 2642 Pyramid Drive Tracy,LA 95304 rilective Date: August 1,2006 (See Sec. 1) Pro�jcc:i:Namc,Number and Location:General Maintenance Activities located in the Blackhawk community, Danvilb..,California area. The Nvork consists,o(prevenlative -,in()minor repair services as described in:Appendix A. (See See,4) 1AUT06011: Junt 30,2007 (See Sec.4) Public Ageney's ALzcnt--Richard D.Short,Gcocral Manager.Kleinfelder,[lie. (See Sec.5) ContractLimit: $85.000 (See Sec.6) Federal Taxpayer's 11),or Social SecurityNo. 2. SIGNATURrS CKNO `Ll DGM-1 � �DI Richard D,Shoal,Kleintelder,Inc. General Mankur Contractor,livrehy else cerfifying,alsareness of and enjuplLuce with Labor Code Sections 1861 and 370(),, 'filing V rkcr ' 'o amation Law, (Designate officnil capacity in the business) (Designotc officiat Capacity in the business) NotLteContractor. For eorpoiatiorm'the contract must be signed by two ot'licers. The first signature mustbe that of the chairman of the nl board,president or vice pre idem,the sus crud signature most be that(if the kcretary,ussislaot qceratiry, officer or assistant Ireasurer. (("iVil Code,Scction I I 90aad Corporation,,;Code,Section 313.)Tbc:jcluow1cLe)ncnt below must be signed by a71ciary Public. CERTIFICATE OF ACA{NOWLEDGMENT State.of Cailfornia ss. County wJ* Oil the date wfincti below,before me,the,undersigned'Notary Public,p=oually appeared the personfs)signing above for Contractor, zusonally'knov"ntonic orp"'wed to arc on the lie El crion(s)whose ninic(s oiarc subscrjbodtothe� i' bedibeir aullitori7ed capacity(ies), and that hy ,,,film 52runient Pan actmowicd.ged to ane that(jp heithey executed the same is on the instrument the perNr,)n(s),or the entity*upon behalf ofwhieb the person(s),arted,executed the instrument. WITNESS my hand and official seal, L Dated, j V (Notary s Seel) (c ot Public) C=KAPIRM M.D" Mbifto 0 1490M 1 Nft"Public-Ccillbmia SIVI joaquArl CCU* Comm,24*05 M W is,2M Page 1 0 f 4 3, WORK CL1 1TRAACT-CHANGES, (a) 13y-their signatures in Section 2,effective on the aboe date,these particsprontise and -tgrceas"Or forth in this contract,incorporating by these tefercticcs the material in Section I,SPECIAL TERMS. (b) Contractor shall,at his own cost and Lxpease,iiiiii in a workmanlike manner',fully and faithfully partition and complete the worl',:and will furnish lit inlicrials.hibor, r4icesandtransportation necessary-convenient arid proper in order fairly to po-firrm the raquiw;meras of[his corainct,alt strictly in accordmi cc whit the Scope of work as described in Appendix A. (c) Thewarkeau bochang ,ed only with Public Agency's prior wi itten nrile r specifyi ngsuch change and its cost agreed to by the Parties;and the Public Agency shalt never have to pay marc than spovifitid in Section 5,PAwr MENT.without such an order. 4, T1%,jE,Nr O IL, Contractor shall start this work as directed b} the General Manager of fits Agent or the Notice to Procccd;and si%all complete it as specified fo:d i n S ccti on I.SPECIAL TE RAIS. 5, LAY I.FKT. Public Agcncy shall pay Contractor for services perll0nnedaf the ratesshown lit Appendix F3 attached hereto,.which include all overhead and incideuml expenses,for which no additional compensation shall beallmArd.Notwithstanding the foregoing, those dttcid0niul CXpEnsCS sp ilieafly itcmizzl in Appendix 11shall berchribursabloby IIL;blicAgettcytctU)titrtictorprovided that Contractor subuths copies of rcucipts and,Xapplicable,a detailed mileage log to Public Agency. In not event shall the total amount paid to Contractor exceed the payincrit limits)specified in the Contract arroval ofthe Public Ap ,ency. Contractor's bilbrig,statements Shall besubraftLed at cearvenicrit riuct-vul%approved by Public Agency and shall list,for each item of Public Araincy will pay,Contractor intio(:ordance,with the requireanctits OrCivil Code Section 3320 as apphcfttna. 6, PAYMENPCS WITHTIELD, (alt The Public Ageacy or its Agent may withhold any payaletit,or because of later discovered evidence Dultify all orany certificate for payment,to such extent and period of time only as mijybv necessary to protect The Public. Agency from loss beeatisc of., (1) Defective work not rerne died,or uncompleted work.or (2) Claims filed or reasonable evidence indicating probable filing,or 0) Failure to properly pay subcontractors or for material or lahor,or 0) Ret-Lsonab)c doubt that the work can 1c completed for the balance then unpaid,or (5) Damage Lo another contractor-or ((r) UqimagL to the Public Agency,othxr than damage due to delays, (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as(lie work progresses, the materials and labor which are not satisfactory to it_so as toavoid nnaccesan,trouble Or east 10 the Contractor in making good any dcEctive work or parts. 7, INSURANCF, A Cout n-tor performing scTviccS under this contract:shall Provide at all firrics.the following insurance in amounts not less than those speciflc(V ta)Workers'Compensation Insurance complying widi the laws of the State of California;(U) Comprehensive General Liability Insurance,including blanket contractual(or contractual liability)coverage,broad form property darnage coverage,,aid coverage for owned sand non-owned vehicles,with a infititnerniconibuicd single limit coverage of$21000,000 for all damages due to bodity iniury,sidoress ordisease-orcleath to guy person,and darriageto property,includingthe loss of use thereof, arising oka of each accident or occuriericc, and naming Public Agency Richard D, Short, Kleinfelder, lite,. Sands ConstrUC6011 Company, Inc.,then,boards,officcrs and cruployccsasadditional insured. Contractor is aNvar:of and complies with Labor Code Section 3700 and the Workcrs'Compensafiou Law. S. BONDS, Contractor shall provide,if the contract exceeds;S25,000h at the time of the execution of the agreenient,or contract for the work,and at.ria additional"pcns 4 In the Public Agency,a Surety bond executed by art admitted surety insurer joint amount equal to at least 0110-hundred pircVirt(I 00W)of the contraa price us sccuritV for the faidifill ptaOrrriknCo Of Said agree lueflE, C(ultractOr shall-$list)provide,at the time of The execution of the agreement or contract for the woflL and at no additional expense to the Public Agency, a separate surety bond executed by in admitied surety insurer in an amount equal to at least fifty percent f5(W/4)of the contract price as Security for the payment of at]persons perlorming Labor and furnishing materials in connection With Said agreement- Surches on each of said bonds shall he satiduciory to lite State. 9. FAILURETOPIFFIFORNI. If the Contractor at any time refuses or tieptects,without fault of the Public Agency,or its agent(s),to supply sufficient materials or Nvorkmen to complete this aereemcnt and work as provided herein..for a period off 0 days or more after written notice thereof by,the flub)icAgcni;3%dic Public Ateocy may furnish se-rno and deduct the.reasonable expenses therearfrom the contract prlcc. 10-LaWs-APPLY. Oct-irral. Both parties recognize the applicability(if various federal,state and local laws and regulations, especially Chapter I offart 7 ofthe Catifomia LafmrCodc tbcginniug with Section I72@.and including Sections 1735,1777,5,and 1777,6 forbidding discrimiturtion) and intend that this igrecincro carnplies therewith. The parties specifically stipulate that the relevant penalfiesand forfeitures proviAcd in the LaKwcode,especially in Sections 1775 and 1813,concerning prevailing wages and hours,shall apply to this agreement'e:though fUlf,SlipUlated herein, 11, S1 113CONTRACT'ORS. COMFUCtOr shall not iubclintract any work without approval of lite General Manager. 12. WAGE RATES, (a) Pursuant to Labor Code Section 1773, the Dirocror of the Department of industrial Relations has ascertained the gcneral prnailing rates of wages licyclicin,and for holiday and overtime%vork,in lite locality in which this work isto bepct-formed.fur each ciall classifiaLtion,orType ofwas kolanneeded to execute this contract,and said rates are as specified in the call for bids for this work anti are on file with the PublicAgency,and are hereby incorporatedherein. (b) This schedule ofwagcs 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 ronstitutim,the.working dav- When less than that numbcr of laturs arr,worked,the(Wlywagt�rare is proportionately, reduced,but the hourly rate rcmains as slated. (c) The Contractor,and all hissubcontractor",must pay at[cast tlicso rates In all perstrus of this wird:,including call travel, Subsistence,and fringe henclit.payarents providLxl lot by applicable collective l-,mrgaiuilig atireLtuent& All skilled labor not listed above must be paid a€Icast the wage scale established by collective bargaining agreement lot such Labor in the locality where such Page 2 of Ii work is being performed_ It it becomes nEeessar_y for the Contractor or any Subcontractor to employ any person to a craft, L�lnssiticadon%trope of work'(execlrt executive_supervisory,administrative,c€discl or other non-manual workers as sue ti)for which no mitrinium waac,rate is spccificd,The Contractor shall iniviediately notify the Public Agency,which shifflapply fiom liluctinicofflic Initisf cmploymentof:he persuu alT�etetlatrci-dtaringthc eanGnuattcc of&nteb ernpinyment. 13. l jItQt f 1,il`it)rt Eight hours of laboli°in one ca€endar day constitutes a leg ctny's work;and no workman employed al 3nty titne on this work by the Contractor err hy shall he rLMuired or permitted to work longerthcrcon except as provided in Labor Codv Sections IS I Cl-1815. 14.APP]ZGNI[CES. Properly indclAuted apprcrltiCes ma'sbe ernpioyett on this work in accordance with 1.abor Code Sections 1777.5 and 1777,6;forbiddingzliscrinrination_ 15. DESlltETf1 PRtll IE F(.',ON(.) Y OF CONTRA COSTA. The Public Agency desires to pmtnota the industries and economy of Contra Costa eounty,and the Contractor therefore is encouraged to use the products.workman,laborers and mcchmtias of this County in every case witere the price,raness and quality are equal. 16 r1SS1GN[v1E N'i Its ag ctttcnt t tis the€term,successors assigns,and repi-e.wiifativ sofihc fiontractor-but he.cannot assign it in whole or in part,nor any monies due:or Lo bec Oum due under it,without the prior written consent of the Public Agency cud the Contractor's surety~or sureties,unless they have:waived notice:of ast;igon cul:- 17, 1vOWAIVER B PkjBJ - 71N(-Y Inspection xtftheworka<ads'ormaterials,orupprovalofwoeandlor materials inspected,or statement by any 0111cea- ngcnt or employe% or the Public Agency indicating the work or any part the•cof complies with the requirements of payments,therefor,-or any combination ofthescacts.deal]not relieve the Contractor oa iris obligadoa to fulfitl this contract as prescribed,nor shall the public Agency be thereby estopped from bringing any action for(hEnages orenforcement arising trona the tailure to comply will)ary ofthe terms and conditionshwrof. 18. (u) commetor proloisosto and shall hold harmless and indrimuty frointho liabilities as defined in this section. (b) The€ndemnitics benefited and protected by this,promise are.the Public Agency_Richard D.Short,Kleutfolder.Inc.,Studds Construction Company,los-,and their clecdv=e and appointive boards.commissions,ot7icers agents and employees. (c) "Che liabilities protected amiinsi re a ly 9tab$hty or claim for damage of any kind allegedly suffered,incurred or threatened becausc of actions-defined halow,including but not limited to personal injury,death,propertydaSnge,trespass,tlaisance,inverse condemnation,patent infringenicut.or any combination of these„regardless of whether or not such liability,claim or damage was unforeseeable at any tirste before the:Public rAgcncy approved the itttgrrovcmrnt plans oraceepted the improvements as conipleted,and including;die defense;of any sots)or aefiou(s)at lav%or cgUi1v cont:erning these. (d) The actions causing li bility arc any actor onaissien(negligent or non-n--gligerrt)in cornirctiotn with thematters covered by this contract unit attributable to the contra^_tor,.suboontracuar(s),or airy officer(s),agcnt(s)or employoc(s)of one or more of them, (c). Non-Conditions: The prumese and agreement in this section is not,conditioned or dependent on whether or not any indemnity has prepared,supplied,or approved,a y plants),drawing(s),specification(s)orspecial provision(s)in connection with this %York, has insurnnce or other indcoinilieatnrn covering any or dose ruancrs,or that the alleged thun:ge resulted partly from any negligent or willful misconduct of any indemnity, 19 Con€ractor Shall comply with the provi�ions of Labor Code Section 6705,'if ap+hctible,by submitting to Public Rgoncya€ictulsdplaatMowingthedesignofsboring,bracingsloping,or<%fhcrprovisionst€stsamade for v%csrlcerprcrt tiirntreinthe- hatXArcl o,Y caving ground during trench excavation. 20.RECQKDRETFN LQ . Exccpt�fbr records d clivcred to Publi r Agency,Contractor shall retain,for a period of at least five years a9ier cburnetor's receipt of the final paa_yiricnt under this contract,all records prepared in theptrfonnhnae citlhis con tract or alherwi:e pertaining to the work, including w4thcut Ifincition bidding;, financial and payroll records. Upon request by Public Agency, Contractor shall make such rcva7nin ai,ailable to lexrblis Aguncy,or to authorized rcpresculatives of the state arid fedcral governments, at no additional charge and ivaltout icstriction or limilation ori,fheirnss, 2.1:USF OF PRIV-,'sT -}*RC4pPR I`Y. Contractor shalt not rise private property for any purpose lit connection with die work absenta pricer,written ngreciment with the affected propertyowner(s). 22. 'ff AI AND WAOP RATES The suacment or prevailing wage,,,appearing in the Lquipmcut Rental Rates and GCneml Prevailing Wage]Cates is h rely specifically icforrcd to and bre this:reference is made apart of chis contract. 23, LAINIS. Resolution of con sinivilon chrims shall be handled as out loved in Article 20104 ofthe Public Conu act Code,attached to this contract as Appendix C: Page 3 of 8 Blackhawk Geologic Hazard Abatement District(GHAD) Dover Construction Maintenance Services Contract Appendix "A" Scope of Work Under this contract, Dover Construction, Inc, (CONTRACTOR), agrees to provide preventative maintenance services and minor rep far the Geologic Hazard Abatement District(GHAD)on an "on call".basis. Tis is a time and materials contract. Work shall be authorized by Task Order and are approved and issued by the General Manager. No ),vork shall commence under this contract without a fully e.xecuted Task Ordcr, Pag!e 4W'8 Blackhawk Geologic Hazard Abatement District (GHAD) Braver Construction Maintenance Services Contract Appendix "B" Fee Schedule Fags 5 of 8 DOVIER CONSTRUCHON 2642 PYRAMID DRIVE TRACY,CA 95304 209-933-0280 FAX 209-833-0289 Date- July 1, 2006 Newly Revised Fee& Rate Schedule July 1,2006 to June 30, 2007 For, Blackhawk G.H.A.D. 4.125 Blackhawk Plaza Circle, Suite 103 Danville,CA 94506 CONSTRUCI'ION RATES Regular Day &Standby Rates Uiborers: Stage 1 (41 $51.18/hr. Stage 2 @ $55.371hr. Stage 3 CcP $59-601hr, Group I @ $64.61/hr. Skilled labor-jackharnmer,concrete saw,pipe layers, concrete vibrators,chainsaw,etc. Group 2 @ $64.00/hr. Concrete handlers,dumpers, laborers &reinforcing steel work. Group 4 CiP $52.42/hr. Trimming. mowing & landscaping- Construction Specialist @ ,$65.57/hr, Dump Truck Driver (� $72.78[hr. Cement Mason Cib S75.161hr. Equipment Operator @v $93.90/1ir. Labor Foreman! All jobs 4 $74.72/hr. Foreman: All jobs Q) S106.45/h% Pickupn'ools: All jobs @ $20.00ft. All Terrain Vehicle: All jobs (41 $15.00ihr. Gas Cutoff Saw- All jobs Cq) $117.00/day Water Meter, All jobs @ $1 80.001day Generator; All jobs @ $68.00/day Brush cutter(Weedeater): All jobs CO) $56.001day Backpack Blower: All jobs @ $45,001day Soil Pin Install Too): All jobs a,, S250.00/day " All other equipment rentals, materials and subcontractors at cost& IS%. * Saturday rates for all personnel are at 1 112 times regular rates. * Sunday &Holiday rates for all personnel are at.2 times regular rates. Blackhawk Geologic Hazard Abatement District (Gil") Dover Construction Maintenanee Services Contract Appendix "C"Resolution of Construction Claims PUBLIC CaNTRACT CODE SECTION 20104-20104.6 20104. (a) (1) This article applies to A 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 -.hall 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 I of Part 2. (b) (1) "Public work" has the same meaning as in Sections 33 100 and 3 106 of the Civil Code, except that "public work" does not include any work- or improvement contracted for by the state or the Repents 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 othenvise, expressly provided for or the claimant is not othenvise entitledto,or(C)an airiount,the payment of which is disputed by the local agency, c)The provisions of this article or a sumartary thereof shall be set f6rth in the plans or spec ifications.forany work vNifich 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 subiect to this article,the followring requirements apply: (d)The claim ,,hall 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 claim m (b) (1) For claims of less than fifty thousand dollars(S5O,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim,or may request,in xvritirig, within s0 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 clairn-ant, (2)lf 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'swritten response to the claim,asfiirtherdocuii-iented,,sl-tallbesubmitted to tbeclairriant within 15 days after receipt of the further documentation or within a.period of time no greater than that talcen by the claimant in producing the additional information,,whichever is greater. (c)- (1) c)(I)For claims of over fifty:thousand dollars(S-50,000) and less than o.r equal to three hundred seventy-five thousand dollars(W5,000), ,the local agency shall respond inwriting to all written. claims within 60 days of receipt:of the clai m,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)1f 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 Pagc 6 ors further documented,shall be submitted to the claimant within aft days after receipt of the fiather documentation,or within a period of time no greater than that taken by the claimant inproducing the additional information or requested documentation,whichever is greater. (d)If the claimant disputes the local agency's written response,or the local agencyfailsto respond within the time prescribed, the claimant may:so notify the local a vncy, in writing, either tivithin 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 dernand tuu informal conference to meet and confer for settlement of tine issues in dispute. Upon a demand,the local agency shall schedule a meet and confer conference within 0 days for settlement of the dispute. (t)Hollowing the tweet and confer conference,if the,claim or any portion remains in dispute,the claimant may file aclaim as provided in Chapter I (commencing with Section 900)and Chapter 2(conuttencing with Section 910) of Part a .of Division 3.6 of Title 1 of the Government Code. For purposes of those previsions, the running of the period of time within which a claim must be filed shall be tolled front the time the claimant submits his or her written claita 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 docs not apply to tort claims and nothing in this article is intended not shall be construed to change the time periods for filing tort claims or actions specified by Chapter I (commencing Nvith Section 900)and Chapter 2(commencing with Section 910) of Pail 3 of Division 3.6 of Title I of the Government Code. 10104,4. The followings procedures a.re 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,shalt 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 114'1.10)of"Title 3 of fart 3 ofthe-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 broughtunder this subdivision:consistent with the rales 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 n=ssary 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 eNpenses 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 atrial de novel but does not obtain amore favorable judginent 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 tite mediation or arbitration process, l la&c 7 s>t 8 20104.6. (a) No local agency shall fail to pay mOrley as to any portion of a claim which is undisputed except as othenvise provided in the contract. (b) In any suit filed under Section 2Q t14.4,the local agency shall ptayinterest at the legal rate on any arbitration award orjudgment, The interest shall bet,-,in to accrue on the date the suit is filed in a court of law. As stipulated jj,)the Labor Code,Section 1861 each contractor to whom a public works contract is awarded shall sign and file -%vitb the awarditir, body the following certification prior to perfbiming 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 ag6inst liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will coinply with such provisions before cominencing the performance of the work of this contract" Signature Date Print Name -TI—IQ COO Wa—me of Contractor Page 8 of a Frm:RLS INSURA E 209 532 5.17 12/'19/9-OA611:39 4050 P.001/90`2 Win• - . .� DATcom CERTIFICATE .OF LIABILITY INSURANCE EtM4YNTtk106 PRCUVQER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Roger Stevens Ina. Rge mcr Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LXC #-. 0604549 ,HOLDER.THIS CERTIFICATE DOES NOT.ANMIND,EXTEND OR 14590 Mono Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Samara CA 45370 Phone;205-533-2222 INSURERS AFFORDING COVERAGE NAILS INSURER - INSURER A, Allstate _ INSURER all Rite¢CkM1tZ"C A Michael L. Dover NSURV'RC: 2642 Paamid d Drive INSURER 7: Tracy CA 55344 INSUHkRE COVERAGES I'Iilt Fmic'iES.Lip INSURANCE LISTED RELPW O AVE BEEN ISSUED TO THE P01 ICY PETODD INDICATED.NOMTSHSTANOING ANY REOUIREMENI,TERM OR CONDITION OF ANY CONTRACTOR OTH zm dDs m;mpWY wrrN AESP£CF TO"t-H THIS CERTItCATE wAY EE 5SUED OR MW PERTAm THE INSURANOE AFFORDED BY THE POLICIES DESCRISED M,PLAN IS SUBJECT TO ALLTHE TER041.FxrLUSIONS AND CONDITN 1`4 or SUCH -POLICIES AGGREGATE UM11$Stie'VYN MAY RAVE BEEN fWDUCED BY PAID CLAIMS. LTRiN$R; TYPE OF INSURANC+E POLICY""MR DATE Mmen MMIMWDUMI LIMITS GENERAL LIAWTV EACH OCCURRENCE 51,000,.400 "- $ ]C X 4Ot9fEACUmGENERAiLSKH1Il.ITY GI.-CA044155 08/20/06 06/20f09 GE TU(lEkI1L'-TS 'ntmist itaaauvrca }100,000 ,4 GLVmsL or I" I OCCLm MLDFW(Apiy epars* }5,000 X Owner/Cant Prot._ PE4SONAL6AWTRJ TY N 11,000,00D GENERAL AGGREGATE _ t2r004,OD4 W'Tcl,AGoREGAMLIMITAPPLIESPER: PRODUCTS-tUWWAGO $2,000,000 7POLMY1 2mn LOC $ AUTOMOBNLELVOLRY $ C SltakifE LNIHT A X , ANYAUTO 048843422 08/20/06 06/20/09 tEaaP"d Iq 1,000,000 ALI OwNi:D AUrD$. - BODILY INJURY .x SCHEDULPDAUTOSp�snn •,�_.-. } $ N)REPAUTDS DOO(LYINAIEr X NON-OWNEOAUTOS, fPer amdDre t PROPERTYDAMAGE i IT'af'stGderRH I GARAGSLOU LRY - - I AL50oII„Y.-EAACOIDtNT 9 F-1 ANYAUTO OTHERTHAN FA ACO t F— - 0NLY: AGG t 5 EXCES&VUER€LLA LIABILITY s L"-REIN OCCURRENCE t . CCCUR CLAMS MADE' AEOIIElfATE t 1= DEDUCTIBLE } RETEWFO.N t 4 INOT;%ERS COMPENSATION AND IOHY LIRIT& EN ' . Emmomm LIAE9LITY ANY PrROPMETOWARTNERT-X-TLrTJWE E.L.F.Ati5i ACCtDEJi T' } OFFICERgAEMHER EXCLUDED? E_l.mseABE-EA ELAPLOYC t ifyyam�,,Uaer,siwueda �. SPECAL PROVISMNSWkI. DESCWTION P VEHICLES P EX4LUOOHSADPEO WY ENDORSL.`N"Tt SPEOtAL PRxIviu NS . Certificate Holder and the following listed an Additional insured as their interest mayaq*ear, Hlackhawk C.H.A.D., Richard U. short, Klein relder, rue. , Sands construction, Inc. .and their elective. and appaiative Boards, CoMissions,officers, Agents and maployees. .TOB- Maintenalece Activities cm slopes in *Pen areas. CERTIFICATE HOLDER CANCELLATION -. SIIOULOANYOF TNEAROW UMCMIED POLICIES DE CANCELLED AEFORETHE OUNRATXI BlackBawk GRAD DATETHEREoF.THm=wr#,WSilnEi vol LeND6AvtlR7quAtL 30 DAYS wmIllem general Maintenance Activities NOTICE TOTHE CERTIFICATE POLVERNAMED TOTHE LEFT,OUT FAILURE TO00SOSHAU 4125 Djackhawk Placa Circle POSE NO ODLrATION OR LIABILITY OF ANY%AND UPON THE INSORER;05 AGENTS OR Suits 103 fYEPRESENTAJiE& Danville cA 94506 AUTWORMED NTAITIF AGORO 25�244ttt$ CsY ACORp CORPORATION 1989 POLICYHOLDER COPY NS STATE P.0, BOX 42(3807, SAN FRANCISCO,CA 94142-0807' ' COMPENSATIOK t1fil supt A Nce FUND CERTIFICATE OF WORKERV COMPENSATION INSURANCE ISSUE DATE: 01-01-2005 GROUP: 000229 POLICY NUMBER 0004347-2006 CERTIFICATE 10� 24 CERTI[RCATF- EXPIRM 01-01-2007 01-01-2006/01-01-2007 BLACKHAWK GEOLOGIC HAZARD A13ATEMENT DIST me 4125 BLACKHAWK PLAZA CIR STE 103 DANVILLE CA 94SOB This is to certify the; we have issued a valid VVorkers, Compeltsaiion 4*uralce po;icf. in I foFm 'approved by +!Ic California Insurance Commissioner to the employer named below for the policy Period indicated. This Policy is not subject tocancelletlon by the kind except:. upon 10 days 43vAnce written notice to the employer. We will also give You 10 days advance notice should this policy be cancelled prior to, its normal expiration, This carlifitale of insurance is n©t an insurance policy and does not amend, extend of alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued at to which 0 may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and such policy, Lconditions./t}off� A;,, e �-111 e�, AUTHORIZED REPRESENTATIVE PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UMBER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND VIFE. EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COWENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000.000 PER OCCURRENCE, EMPLOYER DOVER CONSTRUCTION No 2642 PYRAMID OR TRACY CA SS304 M0409 PRINTED 12-17-2005 Contra Costa County r tom. Self Cerfificafion Form _lam r Small Business Enterprise and Outreach Programs All of the non-statistical information provided in SECTION R will be included in the County's SSE and. Outreach Directory,which may be shared with County Oepartments,contractors,consultants,and others in both electronic(Internet,intranet;a-mail,facsimile)and paper formats,unless you indicate otherwise in SECTION 6. SEG OK 1 Name of Firm(Print) rys 5 s 1L i i Street Addrts5(City,State)ry _ L l e tr' _ 4 C, (gip.Gcrde) Mailing Address(CJIL4,State � ' ! ��0 Lep Cade) C 7 t f1 V6tr� + r (Arc Co )Ph N , (A C 2t C )F E-mail is your retain office located in Contra.Costa County? Yes la, No Business Entity Status Check all appropriate bozos. MBF- ME 0 DBE 0 SUE ? LRE '0 DVBF. '0 0815 0 (See Paige 3 For Definitions) For Statistical Parposm Only Eehnic ofClwn s White Black Cl Hispanic CI Asian 0 Amcri a n lndianlAlas(:an Native E3 FC I O21ON21 Complete this section to certify 29 a Small business Enterprise. (See Page 3 for Definitions) State Certified SHE: Yes ) No Certification Na,: Have your gross receipts for ; e t three years averaged S10 million or less Do you employ mote than 100 empioyccs t er eat? Yes No with affiliates? Yes No Is your principal office located in California? Yes No 13 Thu officers reside in California? IYes is No 0 ECT[ON Complete this section to certify as a Minority Business Enterprise.(r*WE)unddor Wo um"Bushrum Enterprise(VVBE) andf or Disabled Veteran Business Enterprise(1)VOIS) (See Page 3 for Vefinitions) Check appropriate hoz. Contractor`% Special Trade Contractor 0 Trucker 0 Manufacturer U. Construction Supplier 0 Vendor 0 C'oasultantlService Prrrvider 0 Are you certifiedwith any other agencies_- ':.Yes No lf"Yes"please list l ifyou arm a Contractor,are your andual gross rex7etpts fourteen million dollars(SKUD0,000)or less? Yes 7% No U if you arc a Special Trade Contractor,are your annual gross receipts seven million dollars($7,000,000)or less? Yes [a No *et If you are a Trucker/Man ufactureriSuppIierf emJor,do you mcd the SBA size standard? Yes No UJ (For the specific SBA size standard contact the'Af€urnative Action Office,(925)335-1045) Is your firm 5 t%owned and managed by one or more minority owners? Yes U No 12 Is your firm 51%owned and managed by one or more women owners? Yes 0 ado a is:your(inn 511A owned and managed:by one or more disabled veteran owners? Yes 0 No 13 Are the owoem citizens or lawful permanent rosidents of the US.? Yes ta No If you area DVBE,is your principal office located in the United States? Yes 0 No 0 As a DVBE,do you reside in California? Yes G No 0 Revised 09110101 .1:98F.0utrcachselfcertificatiao Ste(Other Side Page 1 of 3 Contra Costa County Small Business Enterprise and Outreach Programs Self Certification Form `I:CFION "Work Conducted By Firm(Describe what your firm does.)vr;rneortsusp,ti, cor>♦vtrsntt syyicc CCfICpp Acknowledgement of The undcrsigned acknowledges and at reel that the[tort-statistical information provided in SECTION I may be published in the County's SBF and Outreach Directory which may be shirred with County Dcpza€tnreats;contractors,consultants,and others in both electronic (intaract,intranet,e-mail,facsimile)and poper,loureats,unless exceptions are noted below- I agree to publication of all SECTION I information. Q 1 do not agree to publication ofthe following(check all that apply): Q Street Address C1 Phone Number 13 E-mail Address Ll Moiling Address. 0 Fax Number L3 fl u;iness Entity Status ECflC1A1 Certification or ownership ^� The undersigned is authorized to execute,this Self Certification form on behalf of 3 r Ct - 3 S ti g2 i "iry t a c of Firm tl..%uo, e r � t ` r ey ,,i�� `f 'ti I �� i , V Street Address(City,Statc,Zip Code) Namc(s)of Owner(s) And swears tinder penalty of perjury that our.firm meets,the definition of MBE,WEEP,DUE,SBE,I-BE,Dtr3E,andfor OBE set forth on. page 3 of Ellis farm and that atl inromiation contained in this form is true and correct.Any material misrepresentation will be grounds for terrninatin any purchase orders or contracts whlelt way be or have been oworded. Sighed in (City,County,Stat4) on ta 2fltl uy + E4v C ,V r _�"- Pr: }�atue) tf,.,..•<fo"L./....---'^� *�' � [�- e� �c�^' � ata re Area Cade Phone Pio. Return this Self-Certification Form to the department who sent you this form or- Contra Cost's County Affirmative Action Office 651 Pine Street—'le Floor Martinez,CA 94553 Asn,�ertrA#rtk tasc� aaxrxs,r+two a.a raa,am ett,a-t 'Oi': C" .TYtCttL'Rt Use t�aly�s�#�tti�t�a*;ssaetit,bs��m�:a,s�x>ttata�staisraa FCI It7TV Depzartmental Concurrence Tpie undersigned department concurs it the above Self-Certification firm and is satisfied that the applicant meets the requirements for self certification as an 4413E, W13E DBE,SSE,LBF,DVBE and/or ODE. BY (Print!Nanta) (Department) (Signature of Department Bead or Deputy) (Area Code) Phone No. Irate Revised 09/10104 a:SEll 0utreaclaSclll citiftcatiun See Other Side Paige 2 of 3 Note: Thin form should Ere forwarded W the AffirmataveAct do Office within 0 do". of its completion. MSE,WSE,OBE, DBE, SSE,'LBE,and DVBE Definitions: A'Minority Business Enterprise(MBE)is a;business entity whine is at least 51%owned and whose management and daily business operations are controlled by one or more minorities who are citizens or lawful permanent residents of the United Slates and a member of a recognized ethnic or racial group. The management operations,and control must be substantial, real,and on-going on a regular basis. A Women Business Enterprise(WBE)is a business entity at least 51%owned and whose management and daily business operations are controlled by one rrr more Women who:are citizens or lawful permanent residents of the United States. The management operations,andcontrolmust be real,substantial and on-going,on a regular basis. A Other Business Enterprise(OSE)is any business which does not otherwise qualify as a Minority or Women Business Enterprise. A Disadvantaged Business Enterprise(DBF-)is a small business concern(pursuant to Section 3 of the Small Business Act) owned and contrdled by socially and economicaliy disadvantaged individuals. This means that socially and economically disadvantaged irtdividuals must own at least 51%of the business,and they must control the management and operations of the business. DBE(-Arena is used only for state or federally funded projects that require DBE goals. A Small Business Enterprise(SBE)is an independently owned and operated business,which is not dominant in kts field of operation;the principal office of which is located in California;the officers of which are domiciled in California;and wNrh, together with affiliates,has 100 or fewer employees and average annual gross receipts of ten rnfli lien dollars($10,000,000)or less over the previous three years,or is a manufacturer with 140 or fewer employees. A Locat Business Enterprise(2_BE)is a business artily whose principal place of business Is located within the boundaries of Contra Costa County, A Disabled Veteran Business Enterprise(DVBE)is a business concern certified by the administering agency as meeting all of the following: 1)a veteran of the military;naval,or air service of the United States with a service-connected disability of at least 10 Percent, and who is also a resident of California,2)one or more disabled veterans own 51%percent of the firm.3)the management and control of the daily business operations are by one or more disabled veterans,and 4)it is a sole proprietorship corporation or partnership with its home office located in the United States and is not a subsidiary of a foreign nrrri. Revised 09110104 a;SBSftutrc chS ilCert fieat un See falter Siete Papel of'3 W-9 Request for 'Taxpayer Give foam to the Mev.January Identification Number and Certification requester.Do not ticaarlm t W ora Temas+wy send to the tFM ans�irA - s„ Names(as sirawn on your tax rainy} 10 IV, A air' S4 nanh2,hC tiitrties In abome c QR.. ��r�-�}y� t ... �gg rp r�tt Ea;xmAt from backup Check appropriate btm-9 son pmpictor Cl t_..f - - 0 Other 0- ;.._._._........_.. t,t rrifJibakl'ing m redUrets lounibersteast and t.or stub,M4 name and sdmets topfic") � I Qrw r,.state.and ZIP aide i ua list accoemR nuitivert*trcva :.' Lan Ta a ar 6dersacatfatr+INumber. iN Enter your TUN in the apiempdiate box,The TIN provided must match the rune given on Lim i.to avoid ;sacral secsarity ntnb®r badars tvsfe'ncddu'rtJ-€rxr u:rSrJ7duats.1}tis as yds aruiat,^,eetartty number f+ t -Hc*xaarea;for a nYrteaat. #55 aban,sale employer ntification n ISM.ff do not have a number,see mays to get other rTW oentities,d.is g entity,see the Part I Instructions on page 2L ftr y n Pages 3, or Note.If ilio account it rex moreman one name,seethis chart an page 4forguldolined w9..WhOSes lumber :refl'65eahon au nshcr } to enter. t:.4'rtrftG3tt'Ort Under pluudtkx of perjury.k certify that 1. The number shotty,on this form is my coned ydrr haft hU.' rnumber„W Jam waiting for a number to.be issued,to me).and 2- t am not subject to backup wfthnofrling (a)i am exempt from backuP wtthholding;ex"i have not been notified by the tatemal Revenue Service(IFAS)dist i can subject to backup witttholding as a result of a failure to report elf interest or dividends,or(c)the IRS has notified ma that t am no longer.sublect to backup withholding,.and . 3- lam a U.S-.person.(including a US.resident alicol. Certification kuonacllond.You must:crass out items 2.abpve if you have been notified by the IRS that you are currently-subject to backup withholding because you have Wed to report a)f interest and dividendsar your tax return.For real estate transactions,item 2 doffs not apply.. For mortgage Interest paid,acquich on or abandonment of secured pop”,cancellation of debt,contributions;to an Individual retirernerht arrangement tIRA),and generally„payments other than interest and dividends,You are not rataikod to sips the.Certification,but you moist provi to your correct Td-L(See the instructions onpa oo 4;) Ssgn tanat ue � ��fj f tyt g / Mere has person f VL Date! 3 Ox — Os Purpose of Forney A person who is required to fife an information return with the a Any estate(other than a foreign estate)or trust.See IR ,.mush obtain your correct taxpayer identification number Regulations sections,301.7701-6(a)and 7(a)for additional MM to report,for example.income pais)to yaks,real estate information- transactions,rnortgage interest you paid,acquisition or Foreign.person..tt you are a forelgn person,do not use abandonment of secured property,cancellation of debt,or Form W-9.Instead,use the appropriate Form W-B(see contributions you made to an IRA. Publication 515.Withholding of Tax on Nonresident Arlens U.S.person.Use Form'W-9 only it you are a U.&person and Foreign Entities). (including a resident alien),to provide your correct TIN to the Nonresident:alien who becomes a resident autos. .person requesting it(the requester)and,when applicablIe-to: Generally,only a nonresident alien individual may use.the 1.Certify that the TIN you are giving.is correct(or youace terms of a tax treaty to reduce or eliminate U.S..tax on waiting for a number to be issued). - certain types of-income-Howaverr most tax treaties contain a Cert that ou are not subject to withhriltl' provision known as a"saving classed"Exceptions specified fy y f p in the salving clause may permit an exemption from tax to or 3,Claimexemption frombackup w3tbittilxiJnt�if you are H continue fru certaintypes of income evert after the recipient has otherwise become a'U.S.resident alien for tax purposes. U'S-exempt payee If you are a U.S.resident alten who i..relying on an Mote. e requester a vis year a form other(frim Form W-9 to .raque;;t your 77N,.yourreusi use the requester's form N if is exception contained in the.saving cause of a tax treaty to s bstantialdy similar to this Form Vit--9. claim an exemption from U-S..tax on certain types of income, For federal lax purposes you arc considered a person If you must attach a statement to Forst W-9 that specifies the. you following five items- are: 1.The treaty country.Generally,this must be the same -a Anindividual who is a citizen or rosbard of the United treaty under which you claimed exemption from tax as a States. name siaent alien- A partnership.corporation,company,or association 2.The treaty artiste addressing the income- created or crpan)zed-in the United States or under the laws 3.The article number(or tocatlan)in the tax treaty that of the United States.or containsthe caving clause and its exceptions. Cat.No.t(V.;slx Form Vhf-9 (Rev.t-2005