HomeMy WebLinkAboutMINUTES - 09232003 - C.25 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: MAURICE M. SHIU, CHIEF ENGINEER
[TATE: SEPTEMBER 23, 2003
SUBJECT: 'AUTHORIZE the Chief Engineer, or designee, to issue a time and materials contract to
Gilbert Excavating, Inc.for the desalting of Wildcat Creek Sediment Basin, North Richmond
area. (Flood Control Zone 7 Funds) (District 1) [PROJECT No.: 7527-6D9704-03]
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND BACKGROUND AND JUSTIFICATION
(. RECOMMENDATION:
FIND and DECLARE that removing the sediment from the Wildcat Creek Sediment Basin
constitutes channel protection and maintenance work covered by Public Contract Code Section
21191(b).
AUTHORIZE the Chief Engineer, or designee, to issue a time and materials contract to Gilbert
Excavating, Inc. for the desilting of the Wildcat Creek Sediment Basin, North Richmond area.
Continued an Attachment: X SIGNATURE:
-2ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_-,OOROVE 6� OTHER
SIGNATURE S
ACTION OF BOARS O S=. 23, 2003 APPROVED AS RECOMMENDED XX OTHER
Ll/
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT NONE }
AYES. NOES: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
ABSENT. ABSTAIN: OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
G:\Maint\Kim\BO\BO 9-23a
Orig.Div: Public Works(Maintenance)
Contact: Tim Jensen 3137008 ATTESTED: SrP'EMBE. 23 2003
cc: Administration JOHN SWEETEN,Clerk of the Board of Supervisors and County
Accounting Administrator
Flood Control
Gilbert Excavating,Inc.
BY DEPUTY
SUBJECT: AUTHORIZE the Chief Engineer, or designee, to issue a time and materials contract to
Gilbert Excavating, Inc.for the desilting of Wildcat Creek sediment basin, North Richmond
area.
('Flood Control Zone 7 Funds) (District 1) [PROJECT No.: 7527-6D9704-03]
DATE: September 23, 2003
PAGE: 2
II. FISCAL IMPACT:
Flood Control Zone 7 funds in the amount of$100,000 are available for this planned activity.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND:
Each year, Wildcat Creek Sediment Basin is evaluated for sediment load and need for desilting.
Due to this past winter's heavy rains, the basin needs to be completely cleaned out to restore
flood capacity.
Public Contract Code Section 21191 (b) — The Contra Costa County Flood Control Act (ACT)—
provides that the board of supervisors may, without advertising for bids therefore, have work
consisting of "...channel protection, maintenance work, or emergency work, ..." done by day
labor, under the direction of the Board, by contract, or by a combination of the two." Previous
County Counsel opinion confirms that the ACT allows the Board of Supervisors to approve
maintenance work on a time and materials basis(day labor)for channel protection, maintenance
work and emergency work.
Staff recommends using Gilbert Excavating Inc. for the desilting work based on their submittal of
the lowest time and materials rates, highest estimated productivity rate, and their experience in
this type of work.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Failure to remove silt will expose the community to possible flooding during the upcoming winter.
CONTRACT
(Contra Costa County Standard Farm Construction Agreement)
1, SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs.2,3) Parties: Public Agency--Contra Costa County and Contra Costa County Flood Control and Water Conservation District.
Contractor—Gilbert Excavating,Incorporated
Effective Date:September 23,2002
(See Section 4 for starting date.)
(See See.3) Project Name,Number and Location:Wildcat Creek Basin 2003 Sediment Removal,Project No.75276D9704-03;located in the
Notch Richmond area.
The work consists of installing environmentally sensitive area fencing,constructing a silt filter barrier downstream of the
worksite,dewatering the basin,removing approximately 10,000 cubic yards of silt within the basin,off-haul the silt to the
existing stockpile site north of the basin,and hydroseed all disturbed areas.
(See Sec.4) Completion Time:
Within 15 working days from starting date.
(See Sec.5) Liquidated Damages: $500 per calendar day.
(See Sec.6) Public Agency's Agent: Chief Engineer
(See Sec.7) Contract Price: Not to exceed$100,000.
(See Sec.8) Federal Taxpayer's I.D.or Social Security No.
2. SIGNATURES&ACKNOWLEDGMENT.
Public Agency,By:
aurice M.Shiu,
Chief Engineer
Contractor,hereby also cerci aware s of and compliance with Labor Code Sections 1861 and 3700 concerning
Workers'Compensation L
By:
(Designate official pacrty in the business)
By:
(Designate official capacity in the business)
]Vote 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��` �w..,• )
County of
On the date written below,before me,the undersignedd-Nota Public,personally appeared the person(s)signing above far Contractor,personally
known to me{or proved to me on the basis of satisfactory evt tncQ to befiw'f erson(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their` prized 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 .ted tTintrurnent.
WITNESS my hand and official seal.
Dated:
{Notary's Se
(Notary Public)
f (Page I of 4)
t
3. WORT{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 Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal.
(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 7,PAYMENT,without such an order.
4. TIME; NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as
specified in Section I,SPECIAL TERMS.
5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor,allowance being made for
contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is
and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof,it is agreed
that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,5PECIAL TERMS,the result of the parties'
reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paid,Public
Agency may,in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency
for any cause authorizes or contributes to a delay,suspension of work or extension of time,its duration shall be added to the time allowed for completion,but
it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government
Code Section 4215,the Contractor shall not be assessed liquidated damages for delay in completion of the work,when such delay was causeby the failure
of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities.
6. INTEGRATED DOCUMENTS. The plans,drawings and specifications or special provisions of the Public Agency's call for bids,and Contractor's
accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the pians or drawings
and not mentioned in the specifications or special provisions,or vice versa,is to be executed as if exhibited,mentioned and set forth in both,to the true intent
and meaning thereof when taken all together;and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in
Section I,SPECIAL TERMS.
7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all this work,the Public Agency
shall pay the Contractor the sum specified in Section I SPECIAL TERMS,except that in unit price contracts that payment shall be for finished quantities at
unit bid prices.
(b)On or about the first of each calendar month,the Contractor shall be paid for all work done through the I5th of the preceding calendar month,as
determined by Public Agency,minus 10%thereof pursuant to Public Contract Code Section 9203,but not until defective work and materials have been
remover(,replaced,and made good.
8. 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 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.
(c)35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay the
balance of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials
have been paid,no claims have been presented to the Public Agency based on acts or omissions of thrContractor,and no liens or withhold notices have been
filed against the work or site,and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims
against Contractor.
9. INSURANCE. (Labor Code Secs.1860-61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self-insure
issued by the Director of Industrial Relations,or(2)a certificate of Workers'Compensation insurance issued by an admit d insurer,or(3)an exact copy of
duplicate thereof certified by the Director or the insurer.Contractor is aware of and complies with Labor Code Section 3700 and the Workers'Compensation
Law.
10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s)specified
in the specifications or special provisions,guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder.
(Page 2 of 4)
11. FAILURE TO PERFORM. If the Contractor at any time refuse,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.
12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state and local laws and regulations,especially Chapter I o€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.
13. SUBCONTRACTORS. Public Contract Code Sections 4106-4114 are incorporated herein.
14. WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department oflndustrial 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 ofwages 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.
15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at anytime 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.
16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6,
forbidding discrimination.
17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agencydesires 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.
18. 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.
19. 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.
20. 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 the Public Agency and its elective and appointive boards,commissions,officers,agents
and employees.
(c)The liabilities protected againstare any Iiability 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 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.
(Page 3 of 4)
21. 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.
22. RECORD RETENTION. Except for records delivered to Public Agency,Contractor shall retain,for a period of at least Eve 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.
23. CONFLICT WITH BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this
contracts and the bid or proposal of said Contractor,then this contract shall control and nothing herein shall be considered as an acceptance of said terms of
said proposal conflicting herewith.
24. 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).
M&MO
FORM APPROVED by County Counsel.
(CC-1;Rev.3.95)
G:1Cripbeta\MaintenanceWark'slWildeat Creek Basin Dmilt 200MCONTRACT.doc
(Page 4 of 4)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California {
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County of � } . ss.
On. L� before me, AJ)�k
Date Name and Ti9e of Officer(e.g.,"Jana Doe,Notary Public")
personally appeared
Name(s)of Signor(s)
❑personally known to me
roved to me on the basis of satisfactory
evidence
LISA A.IALZIEL to be the person whose name is
Commission# 1377110 1 subscribed to the witWa, ins rument and
$ a Notary Public - California acknowledged to m(!h1s
hel�@it executed
Contra Costa County the same in rltl-tr thon e
My Comm.E)#res$ep28,2006 capacity I , and that by his t
signator on the instrument the personor
the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Pubkc
OPTIONAL
Though the information below is not required by law,It may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
ription of Attached Document
Title or Type o ument:
Document Date: Imber of Pages;
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
ME EMERY
Individual Top of thumb here
❑ Corporate Officer ftle(s):
11 Partner—'!'
artner -—❑ . ited ❑General
C] Attorne -' act
❑ Tru
❑ ardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationa;notary.org Prod.No,5907 Roorder:Call Toli-Free i-500-878.6827
CONTRACT
y
(Contra Costa County Standard Form Construction Agreement)
1. SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs.2,3) Parties: Public Agency--Contra Costa County and Contra Costa County Flood Control and Water Conservation District.
Contractor—Gilbert Excavating,Incorporated
Effective Date:September 23,2002
(See Section 4 for starting date.)
(See Sec.3) Project Name,plumber and Location:Wildcat Creek Basin 2003 Sediment Removal,Project No.75276D97W3;located in the
North Richmond area.
The work consists of installing environmentally sensitive area fencing,constructing a silt filter barrier downstream of the
worksite,dewatering the basin,removing approximately 10,000 cubic yards of silt within the basin,off haul the silt to the
existing stockpile site north of the basin,and hydroseed all disturbed areas.
(See Sec.4) Completion Time:
Within 15 working days from starting date.
(See Sec.5) Liquidated Damages: $500 per calendar day.
(See Sec.6) Public Agency's Agent: Chief Engineer
(See Sec.7) Contract Price: Piot to exceed$100,000.
(See Sec.8) Federal Taxpayer's I.D.or Social Security No.
2. SIGNATURES&ACKNOWLEDGMENT.
Public Agency,By:
aurice M.Shin,
hief Engineer
Contractor,hereby also certifyin wareness of and com fiance with Labor Code Sections 1861 and 3700 concerning
Workers'Compensarian Law
By:_ _
(Ifesignate official ca tty 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.
CERTIE ICATE OF ACKNOWLEDGMENT
State of California _ )
ss.
County of
On the date written below,before me,the undersigne �iinhis
ry Public,personally appeared the on(s)signing above for Contractor,personally
known to me(or proved to me on the basis of satisfaA�ctcd
be the person ose names)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the samthorized city(ies),and that by hislherttheir signatures)on the instrument the
person(s),or the entity upon behalf of which the persot strument.
WIT ESS my hand and official seal.
Dated:
(Notary's Seal) ,,. �'`�•.
(Nota blic)
(Page I of 4)
3. WORK CONTRACT CHANGES. (a)By their signatures in Section 2,effective on the above date,these parties promise and agree asset forth in this
contract,incorporating by these references the material in Section 1,SPECIAL"PERMS.
(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 Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal.
(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 7,PAYMENT,without such an order.
4. TIME; NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as
specified in Section 1,SPECIAL TERMS.
S. IL.IQUIDATED DAMAGES, If the Contractor fails to complete this contract and this work within the time fixed therefor,allowance being made for
contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is
and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof;it is agreed
that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section I$PECIAL TERMS,the result of the pares`
reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paid,Public
Agency may,in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency
for any cause authorizes or contributes to a delay,suspension of work or extension of time,its duration shall be added to the time allowed for completion,but
it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government
Code Section 4215,the Contractor shall not be assessed liquidated damages for delay in completion of the work,when such delay was cause8y the failure
of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities.
6. INTEGRATED DOCUMENTS. The plans,drawings and specifications or special provisions of the Public Agency's call forbids,and Contractor's
accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the plans or drawings
and not mentioned in the specifications or special provisions,or vice versa,is to be executed as if exhibited,mentioned and set forth in both,to the true intent
and meaning thereof when taken all together;and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in
Section 1,SPECIAL TERMS.
7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all this work,the Public Agency
shall pay the Contractor the sum specified in Section I$PECIAL TERMS,except that in unit price contracts that payment shall be for finished quantities at
unit bid prices.
(b)On or about the first of each calendar month,the Contractor shall be paid for all work done through the I Sth of the preceding calendar month,as
determined by Public Agency,minus 101/a thereof pursuant to Public Contract Code Section 9203,but not until defective work and materials have been
removed,replaced,and made good.
8. 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 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.
(c)35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay the
balance of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials
have been paid,no claims have been presented to the Public Agency based on acts or omissions of th+Eontractor,and no liens or withhold notices have been
filed against the work or site,and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims
against Contractor.
9. INSURANCE. (Labor Code Secs,1860-61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self-insure
issued by the Director of industrial Relations,or(2)a certificate of Workers'Compensation insurance issued by an adrmidd insurer,or(3)an exact copy of
duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers'Compensation
Law.
10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s)specified
in the specifications or special provisions,guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder.
(Page 2 of 4)
11. 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.
12. LAWS APPLY. General. 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.
13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein.
14. NAGE 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.
(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.
15. 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.
16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6,
forbidding discrimination.
17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agencydesires 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.
18. 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.
19. 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.
20. HOLD HARMLESS AND INDEMNITY. (a)Contractor promises to and shall bold harmless and indemnify from the liabilities as defined in this
section.
(b)The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards,commissions,officers,agents
and employees.
(c)The liabilities protected againstare 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 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.
(Page 3 of 4)
i 4
21. 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.
22. 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.
23. CONFLICT WITH BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this
contract and the bid or proposal of said Contractor,then this contract shall control and nothing herein shall be considered as an acceptance of said terms of
said proposal conflicting herewith.
24. 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).
MO\mo
FORM APPROVED by County Counsel.
(CC-i;Rev.3-95)
G:tGrpLleta A2ait tcnancoLvtaxk`stwildcaz Cteek Basin Desilt 2003\CONTRACT.doc
(Page 4 of 4)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cal mia
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County of
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40 before mei
Date Name and'11tile of Officer(e.g.,"Jena Doe,Notary Publle)
personally appeared .
Nams(s)of Signar(s)
❑personally known to me
)R'proved to me on the basis of satisfactory
evidence
to be the person whose namet<)i C
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Cory Publicission - California
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Contra Costa Coun#y capacity(ii and at by t
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the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the Information below is not required by few,it may prove valuable to persons relying on the document and could prevent
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ription of Attached Document
Title or Type Document: _
Document Date: r of Pages:
Signer(s)Other Than Named Abo _
Capacity(les) Claimed by Signer
Signer's Name:
❑ individual i lop a4 thumb rare
❑ Corporate Officer itle(s):
❑ Partner— ❑ ited ,❑General
❑ Attorne - act
Tru e
❑ ardlan or Conservator
Other:
Signer is Representing:
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