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.