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HomeMy WebLinkAboutMINUTES - 09162008 - C.18 I St ` TO: BOARD OF SUPERVISORS, AS BOARD OF — �'_�;, Contra DIRECTORS OF THE BLACKHAWK GEOLOGICAL HAZARD ABATEMENT DISTRICT 'S Costa n. FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR A,couK County sr `t'►-c DATE: September 16, 2008 SUBJECT: APPROVE and AUTHORIZE the Blackhawk Geologic Hazard Abatement District (GRAD) General Manager, Richard D. Short, Kleinfelder Inc., or designee, to execute a contract with M2 Consultants, Inc., Danville area. (Blackhawk GHAD Funds) (District III)Project No.: 7760-6X5147 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE AND AUTHORIZE the Blackhawk GHAD General Manager, Richard D. Short, Kleinfelder Inc. or designee, to execute a contract with M2 Consultants, Inc. in an amount not to exceed $10,000, to provide slope stability analysis to the Blackhawk GHAD, for the period April 10, 2008 through June 30, 2009. FISCAL IMPACT: There is no impact on the County General Fund. The Blackhawk GHAD is funded through revenues assessments levied on properties within the boundaries of the Blackhawk GHAD (100%). CONTINUED ON ATTACHMENT: p SIGNATURE: '//C^✓ RECOMMENDATION OF COUNTY ADMINISTRATOR IZECOMMENDAT14ON OF BOA COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ����Q&*VAAROVED AS REC MENDED _� OTHER VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. - ABSENT: ABSTAIN: Contact: Warren Lai,Special Districts (313-2180) T� � G:\SpDist\Board Orders\2008\Board Orders 9-16-08\60 M2 Consultant$I OK.doc ATTESTED i DAVID TWA, CLERK OF THE BOARD OF SUPERVISORS and County Administrator cc: Auditor Controller County Administrator Office County Counsel BY: DEPUTY Accounting T Special Districts lot Kleinfelder,Inc. ' f � 1 it s � � SUBJECT: APPROVE and AUTHORIZE the Blackhawk Geologic Hazard Abatement District(GHAD) General Manager, Richard D. Short, Kleinfelder Inc., or designee, to execute a contract with M2 Consultants, Inc., Danville area. (Blackhawk GHAD Funds) (District III) Project No.: 7760- 6X5147 DATE: September 16, 2008 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The four-plex located at 563-569 Silver Oak Lane has experienced severe structural distress due to settlement of the highly expansive clay fill material underlying the structure. Additionally, the building foundation consisted of a prefabricated pier and grade beam system that is faulty and allows differential movement. The homeowners have hired an expert to advise them and sought relief from the GHAD claiming that the cause is a landslide. The GHAD has studied the problem for 15 years and concluded that the cause is not a landslide,mainly because the slope behind the property has no signs of sliding in spite of over 6 inches of movement experienced below the four- plex. In order to respond to the homeowners' expert, the General Manager seeks to hire a high end modeling specialist to evaluate the cause of this very complex issue and confirm the GHAD's position. A slope stability analysis of this type is not usually done by firms involved in residential work and firms that do modeling of this type are usually involved with earthfill dams or port facilities and do not do residential work. M2 is a one person firm and is willing to perform this analysis on a forensic engineering basis.M2 is not designing a repair and therefore is not in a typical position of a consultant where general liability insurance would be necessary.Additionally,the fee for liability insurance would far exceed the fee for this contract. In order to defend the GHAD's position, the General Manager needs to be able to hire an appropriate expert and respond in a timely manner. Therefore,the GHAD General Manager recommends that the Board approves the contract with M2 with the typical insurance requirements set forth in Section 7 of the contract deleted. CONSEQUENCES OF NEGATIVE ACTION: Without Board approval, there is a significant risk that the owner of the Silver Oak site will commence litigation to recover damages the owner claims it suffered as a result of a landslide. The costs to defend such an action, and a potential award of damages, far exceed the cost of this contract.