HomeMy WebLinkAboutMINUTES - 10022001 - C.10 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, •/D
BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 2, 2001
SUBJECT: Emergency Landslide Repair Project at 3130 Blackhawk Meadow Drive, Danville,
California (WO #5147)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
RATIFY the execution by the General Manager of a License Agreement and amendment
with Michael Ashby, the owner of property located at 3130 Blackhawk Meadow Drive,
Danville (APN 220-250-005), for the emergency repair of a landslide on said property;
and
RATIFY the award and execution by the General Manager of a contract with Drill Tech
Drilling & Shoring, Inc., Oakland, California, in the amount of$55,500.00 for the
emergency repair of a landslide on the above property; and
AUTHORIZE the General Manager to execute contract change orders, as may be
required, up to a total additional amount of$14,500 (26% of the contract amount).
II. Financial Impact:
There will not be any impact on the County General Fund. The Blackhawk Geologic Hazard
Abatement District("GHAD")is funded through revenues generated by County Service Area
M-23. The GHAD and the affected property owner(who has agreed to contribute $25,000
toward completion of the project) will fund 100% of this contract.
111. Reasons for Recommendation and Background:
In the spring of 2000, an attorney for the owner of the property located at 3130 Blackhawk
Meadow Drive, Danville, California(APN 220-250-005), contacted the GHAD, as well as the
Contra Costa Flood Control and Water Conservation District(FCD),with concerns regarding
erosion and a potential landslide on the banks of Alamo Creek, which bisects the property.
In a subsequent letter to both the GHAD and the FCD, the attorney formally requested that
the GHAD and/or the FCD take action to maintain the creek and creek banks and to repair
a small landslide on the bank of the creek adjacent to a residence on the property. In
addition,the attorney requested that the GHAD and/orthe FCD reimburse the ownerfor prior
costs associated with maintenance of the creek and the installation of physical improvements
that the owner installed to protect a large oak tree on the property. The basis for the request
was an assertion that the GHAD and/or the FCD were responsible for and had failed to
adequately maintain the creek.
A subsequent joint investigation by representatives of both the GHAD and the FCD revealed
that neither the FCD nor the GHAD had responsibility for maintaining this portion of
Landslide Repair Project at 3130 Blackhawk Meadow Drive, Danville, CA
October 2, 2001
Page 2
Alamo Creek. However, the GHAD also determined that it would be appropriate to
investigate the reported landslide further, to see whether the landslide feasibly could be
repaired and whether it could qualify for consideration as a GHAD-funded repair project. The
owner was notified of the findings in the fall of 2000 and advised that neither the GHAD nor
the FCD could reimburse the owner for prior expenses related to either maintenance or
construction activities in this portion of Alamo Creek.
The subject property was.sold in the fall of 2000 and, at the request of the new owner, the
GHAD initiated an independent evaluation of the landslide adjacent to the residence in the
spring of 2001. The GHAD's independent geotechnical consultant, Engeo, Inc., of San
Ramon, California, was tasked with reviewing and evaluating the landslide and, if
appropriate, recommending a repair strategy. Engeo's subsequent report indicated that the
landslide, if not repaired, might expand and damage improvements on the property. This
met the criteria under the GHAD's Plan of Control for consideration as a GHAD-funded repair
project. While Engeo suggested a number of repair strategies, regulatory agency permit
requirements and private improvements located very close to the top of the creek bank
significantly limit repair options. After consultation with the property owner and the GHAD's
environmental consultant, Sycamore Associates of Walnut Creek, California, the GHAD
determined that the only practical repair would be to install a reinforced concrete soil nail
.type retaining wall.
A License Agreement was developed to provide the GHAD and its contractors with sufficient
rights to enter the property and to repair the landslide. Because improvements have been
constructed very close to the top of the creek bank (thereby limiting repair options and
increasing the cost of the project), the GHAD proposed and the property owner agreed to
a jointly funded project. Under an amendment to the initial License Agreement, the owner
agreed to contribute $25,000.00 to cover his share of the cost of the proposed project.
Under the agreement, the GHAD agreed to fund the remainder of the repair cost, as well as
all costs associated with project development(design and engineering), regulatory agency
permits and approvals, and administration of the construction contract:
Because of. the specialized nature of the repair and the.conditions imposed by the State
Department of Fish and Game, only a limited number of engineers and contractors have the
necessary qualifications to complete work of this type. After reviewing a number of
qualifications statements, the GHAD selected Drill Tech Drilling and Shoring ("Drill Tech")
of Antioch, California, as an engineer/contractor to design and engineer the repair project.
On July 11, 2001, under the provisions of Resolutions Nos. 86/370 and 98/329, the General
Manager awarded a contract in the amount of$10,000 to Drill Tech to finalize the design and
to prepare plans, specifications, and estimates (P S & E) for the project. GHAD staff has
reviewed the P S & E developed by Drill Tech and has found them to be complete in terms
of both the engineering design and the requirements of the Department of Fish and Game.
Landslide Repair Project at 3130 Blackhawk Meadow Drive, Danville, CA
October 2, 2001
Page 3
On September 10, 2001, the State Department of Fish and Game issued a Streambed
Alteration Permit for the landslide repair project. The permit contains a number of
restrictions with respectto work in and around the creek and, most significantly, requires that
all work be completed by October 15, 2001. The project is statutorily exempt from the
requirements of the California Environmental Quality Act (Public Resources Code Section
21080(b)(4)), and a Notice of Exemption has been issued.
Resolutions Nos. 86/370 and 98/329,which establish procedures for the award of contracts
by the GHAD, provide that standard contract and award procedures do not apply where a
project is necessary, in the reasonable judgment of the General Manager, to prevent or
mitigate an emergency. Emergency contracts that exceed $50,000 must be ratified by the
GHAD Board of Directors.
Given the potential threat that the landslide poses to the residence and other improvements
on the property, the potential damage that could result if the landslide is not repaired
promptly, and the very limited time available to complete the landslide repair, the General
Manager has concluded that the landslide repair project at 3130 Blackhawk Meadow Drive
is necessary to prevent or mitigate an emergency and, therefore, that standard bidding and
award procedures do not apply. Accordingly,on September 14,2001,the General Manager
awarded a contract to Drill Tech in the amount of$55,500 for construction of the landslide
repair project. Since the contract exceeds$50,000, Board ratification is required(Resolution
No. 98/329). To accommodate any changes or extra work that may be required for the
project, authorization also is requested for the General Manager to issue change orders up
to a total additional amount of$14,500 (26% of the contract amount).
Work began on the project on September 17, 2001 and is scheduled to be completed before
October 15, 2001.
IV. Consequences of Negative Action:
Without Board approval, the GHAD will not be able to complete the landslide repair, and
further damage potentially could result to the property and improvements. In addition, the
GHAD would lose the$25,000 that the property owner has contributed toward the cost of the
project.
Contact:Nancy Cunningham,925-947-1966 1 hereby certify that this is a true and correct
cc: Wm.R.Gray&Co.,Attn:Bill Gray/Nancy Cunningham copy of an action taken and entered on the
Public Works,Attn: Mitch Avalon/Skip Epperly/Melissa Morton minutes of the Board of Supervisors On the
County Counsel,Attn: David F.Schmidt date Shown.
County Auditor-Controller
Contractor(Via Wm. R. Gray&Co.) ATTESTED:October 02 . 2001
Michael Ashby(via Wm. R. Gray&Co.) JOHN SWEETEN, Clerk of the Board
H:Wshby.wpd of Supervisors and County Administrator
By. UDeputy
FIRST AMENDMENT TO LICENSE
AGREEMENT FOR LANDSLIDE REPAIR
1. EFFECTIVE DATE AND PARTIES
Effective September 1,2001,MICHAEL ASHBY(referred to herein as"OWNER") and
BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT, a political
subdivision of the State of California(referred to herein as"GHAD')mutually agree as
follows:
2. PURPOSE
Effective May 22, 2001,the parties entered into a written agreement entitled"License
Agreement for Landslide Repair"(referred to as the"Agreement"),which covered the
repair of a landslide located on OWNERS'property located at 3130 Blackhawk Meadow
Drive,Danville, California. The Agreement previously has been amended as follows:
None. Pursuant to Section 7 of the Agreement, the parties wish to amend the Agreement
to provide for owner to pay a portion of the cost of the Work.
3. AMENDMENTS TO AGREEMENT
A. In the Agreement,Add a new Section 3.5 to read as follows:
"OWNER and GHAD agree to share in the cost of construction of the
Work. OWNER agrees to contribute$25,000.00 toward the construction
cost of the Work,which is estimated to cost$58,000.00.' GHAD agrees to
pay all construction costs in excess of$25,000.00 and to pay all other costs
of the Work, including costs for project development, engineering, design,
contract administration, and inspection. OWNER agrees to deposit
$25,000.00 with GHAD prior to GHAD's award of a construction contract
to a contractor, Said deposit shall be in cash or another equivalent form
acceptable to GHAD."
4. REMALNING PROVISIONS
q. Except for the changes made by this and prior amendments, all provisions of the
Agreement shall remain in full force and effect.
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S. SIGNATURES
These signatures attest the parties' agreement hereto:
MICHAEL ASHBY BLACKHAWK GEOLOGIC HAZARD
("OWNER") ABATEMENT DISTRICT("CHAD")
By. William R. Gray and Com any, Inc.
Owner Name General Manager
By:
Title:
Approved as to form:
Silvano Marchesi, County Counsel
By: David Schmidt,Deputy on 915101
First Amendment to License Agreement Page 2 of 2 916101
Ashby Property
3130 Blackhawk Mcadow Dr.,Danville
LICENSE AGREEMENT FOR
LANDSLIDE REPAIR
THIS AGREEMENT is made and entered into this g 1 day of , 20
W
by and between MICHAEL ASHBY(referred to as "ONER") and BL KHAWK
GEOLOGIC HAZARD ABATEMENT DISTRICT, a political subdivision of the State of
California(referred to as"GRAD").
WITNESSETH:
GHAD was formed under Section 26500 and following of the Public Resources Code for the
purpose of abating geologic hazards in the Blackhawk area.
OWNER owns certain real property within the boundaries of GHAD, 3130 Blackhawk Meadow
Drive,Danville California, (Assessor's Parcel No. 220-250-005) shown in Exhibit A attached
hereto (referred to as the"Property"), which property is affected by a landslide.
OWNER has requested that GHAD assist OWNER by repairing the landslide on the Property,
and GHAD is willing to perform the necessary repair work under the terms and conditions of this
Agreement.
The purpose of this Agreement is to set forth the arrangement between the parties for the
landslide repair work, as described in Exhibit B attached hereto (referred to as the "Work").
NOW,THEREFORE, the parties agree as follows:
1. OWNER grant to GHAD, its officers, employees, agents, contractors, and consultants an
irrevocable license to enter upon that portion of the Property described or shown in
Exhibit C attached hereto (referred to as the"Repair Area") and to perform the Work
thereon. The permission hereby granted shall include without limitation the right to bring
labor, equipment, vehicles, and supplies into the Repair Area and to perform all
operations necessary or convenient to complete the Work.
2. To facilitate performance of the Work, OWNER also grants to GHAD, its officers,
employees, agents, contractors, and consultants an irrevocable license to enter upon and
use additional property or roads owned or controlled by OWNER, as described or shown
in Exhibit D attached hereto (referred to as the"Access and Staging Area"). Such
permission shall include without limitation the right to store equipment, vehicles, and
supplies within the Access and Staging area, to operate equipment and vehicles theron,
and to perform all operations necessary or convenient to complete the work.
3. The irrevocable licenses granted hereby shall commence on the effective date of this
GABUckbaWkiWior"ecu\3130 BIACUtWk Meadowlieeme Agcerm=\License Agme—n for emek v grit doc Page t of 9
Agreement and shall continue until December 31, 2001, or until the Work is completed,
whichever occurs fust. GHAD shall have the right to terminate this Agreement upon ten
days' notice to OWNER.
4. Should a future landslide occur on the Property, whether such landslide represents a
reoccurrence of the landslide covered by this Agreement or constitutes a new landslide,
GHAD, in its sole discretion, may decide to repair such landslide,but shall not be
required to do so. Nothing in this Agreement shall be deemed to impose on GRAD an
obligation to repair future landslides on the Property or elsewhere within the boundaries
of GHAD.
5. A. The releases and indemnification set forth in subparts D,E, F, G, and H of this
section are for the sole benefit of GHAD and the other entities and persons listed
therein and are not intended to apply to the contractor, subcontractor and the
engineering consultants hired by GRAD. OWNERS shall retain all remedies that
OWNER otherwise has against the contractor, subcontractor and engineering
consultants hired by GRAD.
B. The construction contract for the Work shall contain language requiring the
contractor to provide indemnification and liability insurance covering OWNER to
the same extent as that provided to GHAD. The contractor shall be required to
provide an insurance certificate or endorsement-naming OWNER as additional
insured. The insurance shall provide coverage for personal injury or death and
property damage occurring during the performance of the Work and caused by
negligence of the contractor or subcontractors.
C. Except as provided otherwise in subparts D and E of this section, GHAD shall
defend, indemnify, save, and hold harmless OWNER from liability for personal
injury or death and property damage (as limited by subpart H of this section)
occurring during the performance of the Work and caused by the sole, active
negligence or willful misconduct of GHAD.
D. OWNER acknowledges that entry into the Repair Area and the Access and
Staging Area carries with it a certain risk and agrees to release, defend, indemnify,
save, and hold harmless GHAD, Contra Costa County, William R. Gray and
Company,Inc.,Sands Construction Company, Inc., and their officers, agents, and
employees from any liability for death of, or injury to, OWNER, members of
OWNER's family, or OWNER's invitees while present in the Repair Area or the
Access and Staging Area during the performance of the Work, except for liability
resulting from the sole, active negligence or willful misconduct of GRAD.
E. GRAD will instruct its contractor to take precautions during the performance of
the Work to try to avoid causing additional or new damage to the Property or to
the improvements located thereon (landscaping, fencing, walls, sprinklers, patios,
walkways, decks,pools, structures, residence, etc.). However, OWNER
C:etsckhiWk+Major PrOjon3\9170 Skellawk Wadowf j==wgeeeMnts\UCCWC npee=n.c for cmk Wo&doc Page 2 of 9
understands and agrees that GRAD shall not be held responsible or liable for
damage or inconvenience during the performance of the Work resulting from
obstruction of access, noise, dust, vibrations,fumes, cracking, settlement,
excavation,or other inherent or incidental effects of the Work or the instability or
other condition of the Property, and OWNER knowingly waive the right to make
any claim against GRAD, Contra Costa County, William R. Gray and Company,
Inc., Sands Construction Company, Inc., and their officers, agents, or employees
for such damage or inconvenience, and fully and finally releases them from the
same.
F. OWNER understands and agrees that there is no guarantee that the repair of the
landslide and other auxiliary features will be adequate to prevent the landslide
from re-occurring or to prevent new or additional damage from occurring to the
Property or the improvements located thereon. Once the Work has been
completed and accepted by GHAD, OWNER knowingly waive the right to make
any claim against GRAD,and their officers, agents, or employees for any damage,
injury, or death occurring or manifesting itself after such acceptance and resulting
from, or in any way connected with, the Work, and fully and finally releases them
from the same.
G. OWNER expressly waives all rights provided by Section 1542 of the California
Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIIviE OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
H. For any damage to or destruction of any portion of the Property or the
improvements located thereon, OWNERS' sole remedy shall be limited to
recovery of the reasonable, actual cost of repair,replacement, or
diminution in value, whichever is less, and under no circumstance shall
OWNER be entitled to recover consequential or special damages or for
any damages based on emotional distress, loss of use, revenue,profits, or
business opportunities.
6. This Agreement and each and all of the covenants herein contained shall inure to the
benefit of and be binding upon the successors and assigns of the respective parties hereto.
7. This Agreement shall be subject to modification or amendment only by the written,
mutual consent of both parties.
8. A. All notices under this Agreement shall be in writing. Notice shall be sufficiently
given for all purposes as follows:
GABlackhawktMajor RoJeua\3130 BLackhawk Mcado..11,iccuc Agoeac=1jeense Agr==w for truck wo&doc Page 3 of 9
(1) When delivered by first class mail, postage prepaid, notice shall be
deemed delivered three (3)business days after deposit in the United States
Mail.
(2) When mailed by certified mail with return receipt requested, notice is
effective on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1)business day after
deposit with that courier.
(4) When delivered by telecopy or similar means, notice shall be deemed
delivered one (1)business day after the day it was transmitted by
telecopier or similar means, provided that a transmission report is
generated by reflecting the accurate transmission of the notices.
(5) When personally delivered to the recipient,notice shall be deemed
delivered on the date personally delivered.
B. The place for delivery of all notices given under this Agreement shall be as
follows:
OWNER: Michael Ashby
3130 Blackhawk Meadow Drive
Danville, CA 94506
GHAD_: William R. Gray& Company, Inc.
1820 Bonanza Street, Suite 204
Walnut Creek, CA 94596
Facsimile—(925) 947-3177
or to such other addresses and facsimile numbers as any party may respectively
designate by written notice to the others.
9. This Agreement shall not be construed as if it had been prepared by one of the parties, but
rather as if both parties have prepared it. The parties to this Agreement and their counsel
have read and reviewed this Agreement and agree that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply to the
interpretation of this Agreement.
10. If any term or provision of this Agreement shall, to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
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11. The termination of this Agreement shall not affect the provisions of Sections 4, 5, and 6
of this Agreement, which shall survive such termination.
12. It is understood that this document contains the entire agreement between the parties
hereto relating to the landslide repair work and the use of the Property and any other
understandings or agreements,oral or written, of whatsoever nature concerning the
matters contained herein are superseded by this Agreement and are hereby abrogated and
nullified.
IN WITNESS W1=OF, the parties hereto have executed this License, in duplicate, the day
and year first above written.
Michael Ashby BLACKHAWK GEOLOGIC HAZARD
("OWNER") ABATEMENT DISTRICT ("GRAD")
By
Owner Name General Manager
By
Approved as to form: Title
Silvano Marchesi, County Counsel
By
Depu y
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Exhibit A
Description of Property
PROPERTY
3130 8lackhawk Meadow Drive
apn: 220250005
3114
3118
3122
3126
3142 9
31x6
Bladihm*MGWaK Drive
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Exhibit B
Description of Work
Access to site for construction equipment as well as GHAD contractors and personnel as may be
required to install slope stabilization measures in the creek below the existing structures, and
other areas as may be determined by GHAD personnel, GHAD's geotechnical engineer, resource
agencies and representatives of the property owner at 3130 Blackhawk Meadow Drive.
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Exhibit C
Repair Area
�.� ROXIMATE AR
OF LANDSLIDE
POOL AT 3130
•w'
w
r
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Exhibit D
Access and Staging Area
The area of the driveway from the encroachment off Blackhawk Meadow Drive to approximately
the bridge crossing will be used for equipment access to the staging site(s).The flat area
northeast of, and adjacent to,the bridge crossing will be used as an equipment staging site. A
portion of the area between the staging site and the repair area,including but not limited to the
dirt haul road to the north side of the bridge crossing will be used for the purpose of access for
workmen and materials, this area will be restricted from vehicular traffic.
All staging and access areas must be open and accessible during the project repair schedule.
GAflLLckhiwk\Major FrajecuQDO Dlxckhawk WwOwNUc=Avcc=dpLLic AgrWM=for Irak Work-doc Page 9 of 9
CONTRACT
(Blackhawk&Geologic Fa=d Abatement District Standard FoTm Construction Agreement)
I.. SPACIAL TL-RMS• These special terms are incorporated below by reference.
Parties: Public Agency—Blacldiawk Geologic Flazard Abatement District
Contractor — Drill Tech Drilling and Shoring,Inc.
2150 Last 18°Strect
Antioch,CA 94509-8518
Effective Date: September,14,2001
Project Name,Number and Location: 3130 Dlackhawk Meadow Drive,Installation of Soil Nail Retaining Wall with Planting Pockets,
Danville,CA..Assessor Parcel Number 220-250-005
Completion llmc: 15 working days
Public Agency's Agent: William R.Gray and Company,Inc.
Contract Price:$55,500.00
Liquidated Damages:$250.00 per calendar day.
Federal Tszpuyees LD.No. 91-1354749
2. SIGNATURFC dt ACKNOVVLI~DGMfiNT.
Public Agency:
By William R.Gray and Company,lficA
General Manager
Contractor, hereby slso certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning
Workers'Compeasat n Law,
Dy.
(Designate cial capacity 1 the business)
By:
(Designs ficial capacity to 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 siglnturc must be that of the corporate secretary,assistant secretary,chief financial officer or assistant treasurer.
(Civil Coda Section 1190 and Corporations Code,Scc(ion 313.) The aeknowlodgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of &e6' )
On the date written below,bcfom me,the undersigned Notary Public,personally appeared the persons)signing above for Contractor,personally known
to the (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/arc subscribed to the within instrument and
acknowledged to me that he he/they txecuted the sstnc in his/her/their authorized capacity(ies),and that by his/her/their signaturc(s)on the instrument
the person(s),or the entity upon behalf of which the person(s)acted,executed the instrumrnt
WI NESS my hand and official sea].
Duted:
(Notary's Seal)
(Notary P
MASOUD WNW
cad Cort i
. �►oon,n+.e�rae�o�oo•
(Page 1 of 4)
3. WORK CONTRACT.Ci3ANGF_S. (a) By their signatures in Section 2,effective on the above date,these parties promise and
agree as set forth in this contract,incorpoiating by these references the material in Section 1,SPECIAL TERMS.
(b) Contractor shall,at his own cost and expense,and in a worLmanhlte manner,fully and faithfully perform and complete the
work;and will furnish all materials,labor,services and tratnpormtion necessary,convenient and proper in order fairly to perform the
requirements of this contract,all strictly in accordance with the Public Agencys plans,drawings and specifications and in accordance
with the accepted 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 9,PAYMENT,without such an order.
A. TDAL- NOTtCF.TO PRO ED. 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.
5. L1011(DATE•D_12AMACFS. 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 datnages to
the Public Agency the reasonable sum specified in Section 1,SPECIAL TERMS,the result of the parties'rasonable endeavor to
estimate fair average compensation therefore,for each calendar day's delay in finishing said work;and if the same be not paid,Public
Agency my,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 authori2es 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 far 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 caused by the failure of the Public Agency or the owner
of a utility to provide for removal or relocation of existing utility futilities.
6. 1NTF.C,RATED CUMENTS. The plans,drawings and specifications or special provisions of the Public Agency's call for
proposals, and Contractor's accepted proposal for this work in herby incorporated into this contract, and they are intended to
cooperate,so that anything exhibited in the plans or drawings and not mentioned in the spccificatioas or special provisions,or vice
versa,is to be executed as if exhibited,mentioned and set forth in both,to the Ime 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 9,PAYMENUS,except that in unit price contracts that
payment shall be for finished quantities at unit proposal priers.
(b) The Contractor shall be paid for all work done through the 2%of the preceding calendar month,as dete niaed by Public
Agency,minus 10%thacof,but not until defective work and materials have been removed,replaced,and made good.
S. PA EhMS WITHHELD. (a) The Public Agency or its Agent may withhold any payment,or because of lata 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
(a) 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 satisfacrory to i(,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 may pay the balance of the contact price after deducting all amounts withheld under this contract,provided the
contractor shows that all claims for labor and matcrials have been paid,no claims have been presented to the Public Agency based on
acts or omissions of the Contactor,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 latorecorded notices of liens or claims against Contractor.
9. QJS_LMANCE• (Labor Code Seca.1860-61) On signing titis contract,Contractor must give Public Agency (1) a certificate of
consent to self-insurt issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued
by an admitted insurer,or(3) an exact copy of duplicate thacof rarified by the Director of the insurer. Contactor is aware of and
complies with labor Code Section 3700 and the Workers' Compensation Law. Said certificates shall name those entities or
individuals listed in Section 6-1.01 of the Special Provisions.
(Page 2 of a)
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.
11. FA;jMZ TA PM-_O < . If the Contractor at anytime refuses or neglects,without fault of the Public Agency or its agent(s),to
supply sufficient enatcriala or worl.Tnen 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 sunt and deduct the reasonable expenses thercoffrom the
contract price.
12. LAWS APPLY. General. Both pal-des recognize the applicability of various federal, state and local laws and regulations,
especially Chapter 1 of Part 7 of the California Gabor Code(beginning with Section 1720,and including Sections 1735,17775,and
1777.6 forbidding discrimination) and intend that this agreement complies therewith. The parties specifically stipulate %list the
relevant penalties and forfeitures provided in the Labor Code,especially in Sections 1775 and 1813,eonoeming prevu7ing wages and
bourn,shall apply to this agreement as though fully stipulated herein.
13. SUBCONTRACTORS, Public Contract Code Sections 410011114 are incorporated herein.
14. WAOF 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 eontrnc;and said rates ane 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 last these rates to all persons of this work, including all travel,
subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All slalled 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. HO OF LABOR. Eight hours of labor in one calendar day constitutes a legal days work,and no workman employed at any
time on this work by the Contractor or by any subcontractor shall be requited or permitted to work longer thereon except as provided
in Labor Code Sections 1310-1815.
16. APP TTCES. 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 Agency desire 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 became 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 WATW..R BY PUBLIC A CY 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 the, 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 HA S 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 those entities and individuals lusted in Section 6-1.01 of the
Special Provisions.
(c) The liabilities protected against arc 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 infringernc nt,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 arc 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 offiea(s),agent(s)or employee(s)of one or more of them.
(Page 3 of 4)
(e) Non-Conditions: The promise and agrecmtmt in this section is not conditioned or dependent on whether or not any
indemnitee his prepared,supplied,or approved any plan(s),drawing(s),spccification(s)or special provision(s)in connection with this
work.has insurance or other indemnification coveting any of these matters, or that the alleged damage resulted partly from uny
negligent or willful misconduct of any indemnitee.
21. MAVATION. 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 othor provisions to be made for worker protection from the
hazard of caving ground during trench excavation.
22. RLC RD 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 mquw by Public Agency,
Contractor shall make such records available to Public Agency,or to authorized representatives of the state and federal govemmcnts,
at no additional charge and without restriction or limitation on their use.
23. CONFLICT MM HED. It is furihcr expressly agreed by and between the panics hereto that should there be any conflict
between the terns of this contract and the 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 ROPERTY. Contractor shall not use private properry for any purpose in connection with the work absent a
prior,written agreement with the affected property owner(s).
25. RENTAL AND WAGE RATES. The statement of prevailing wages appearing in the Equipment Rental Rates and General
Prevailing Wage Ratcs is hereby specifically referred to and by this reference is made a part of this contract.
8
G:\9tackhawk\Major Projects\3130 Hlackhawk Mcadow\Cont:=ts\Construction Contract with brill Tcch.doc
(Page 4 ora)
Addendum to Contract
The following provisions arm added to the Contract dated September 14,2001 between the
Blackhawk Geologic Hazard Abarerncat District(Public Agency)and Drill Tech Drilling and
Shoring,Inc. (Contractor):
26, Contractor represents that Contractor is in the process of obtaining the performance and
payment bonds required in Section 10 and that Contractor will deliver the bonds to Public
Agency no later than September 19,2001. Contractor aclrnowledgm and agrees that
Contractor shall not be entitled to receive any payment under this agreement umtil
Contractor has delivered the bonds to Public Agency in a form acceptable to Public
Agency. Should Contractor fail to deliver acceptable bonds to Public Agency by 5:00
p.m. on September 21,2001,this agreement may be terminated by Public Agency in its
sole discretion upon the giving of written notice by Public Agency's General Manager to
Contractor by fax or certified mail,return receipt requested. The termination shall
become effective upon Contractor's mceipt of the notice,except that the provisions of
Sections 9 and 20 and any insurance provided by Contractor shall survive such
termination. In the event of tatmination,Contractor shall be encoded to no payment under
this agreement,even if Contractor has mobilized labor and equipment and performed
other work on the project
Dated: September 14, 2001.
BLACKHAVM GEOLOGIC HAZARD DRILL TECH DRIII ING AND
ABATEMP.NT DI.SMCT(PUBLIC SHORING,TNC. ( ONTR.ACTOR)
AGENCY
By, William R. Gray&Colnc.
General Manager By
Name:5,t!�
Official Capacity. --'
By= L",�
William R Gray,President
By:
Name:
Official Capacity: