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HomeMy WebLinkAboutMINUTES - 01222008 - C.33 kA �. ! E E s--•-L TO: BOARD OF SUPERVISORS - -�� cn t ra FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR Costa DATE: January 22, 2008 County srq COU1y SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee to execute a contract with Delta Demolition, Bay Point area. (District V) Project No. 4500-6X5489 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract with Delta Demolition Contractors, Inc., for demolition services in connection with the Orbisonia Heights project, in the amount of $500,000, effective January 22, 2008 to September 30, 2008. DECLARE that, should the award of the contract to Delta Demolition Contractors, Inc. be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing herein shall prevent the Board from re-awarding the contract to another bidder in cases where the successful bidder establishes a mistake,refuses to sign the contract or fails to furnish required bonds or insurance. CONTINUED ON ATTACHMENT: ❑p SIGNATUR RECOMMENDATION OFCOUNTYADMINISTRATOR R OMM NDATION oF4i6AkD COMMITTEE APPROVE OTHER r SIGNATURE(S): l ACTION OF BOA N ! APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT X 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: Karen Laws(313-2228) KAL:LAD:sr ^� G:\RealProp\Boazd Orders\2008\01-22-08 BO-Delta Demolition.doc ATTESTED JOHN CULLEN,CLER&UF THE BOP&D OF SUPERVISORS cc: County Administrator Auditor-Controller(via R?P) Redevelopment Agency(via R/P) Al� 1 P.W.Accounting BY: © 'DEPUTY SUBJECT: APPROVE and AUTHORIZE the public Works Director, or designee to execute a contract with Delta Demolition, Bay Point area. (District V) Project No. 4500-6X5489 DATE: January 22, 2008 PAGE: 2 of 2 FISCAL IMPACT: Payments under this contract are funded by the Contra Costa Redevelopment Agency. Costs will be charged directly to the project. BACKGROUND AND REASONS FOR RECOMMENDATIONS: In connection with the redevelopment of approximately 7.6 acres of the Orbisonia Heights subdivision,a residential mixed-use,transit oriented development in Bay Point,the Redevelopment Agency has requested the County's Real Property Division of the Public Works Department to assist in the demolition of approximately 35 parcels. The demolition project includes demolition of the structures and landscaping. CONSEQUENCES OF NEGATIVE ACTION: Demolition of the sites would not occur,which would increase the risk of public safety and vandalism to the area. 2 File:/C.I.1 DEMOLITION CONTRACT G 3 3 ]. SPECIAL TERMS. These special terms are incorporated below by reference. Parties: (Public Agency) CONTRA COSTA COUNTY (Contractor) ELTA DEMOLITION CONTRACTORS,INC., 415 Beatrice Court,Suite G rentwood,CA 94513 J Effective Date: January.22"2008 (See Section 4 for starting date.) oft- 919 The Work: Demolition work of up to 35 properties in Orbisonia Heights subdivision in Bay Point,as more particularly described in the Scope of Services section of the attached Appendix A,"Additional Provisions,"incorporated herein by reference. Completion Time: To be determined by both parties on a parcel by parcel basis as described in the Scope of Services section of the attached Appendix A,"Additional Provisions,"incorporated herein by reference. Liquidated Damages: $500 per calendar day. Public Agency's Agent:Maurice Shiu,Public Works Director Total Contract Price: $500,000 FORM APPROV FD z `JA,fJC B.f�F HE51,Coungl Coun Federal Taxpayers I.D.or Social Security ay Deputy i + 2. SIGNATURES&ACKNOWLEDGEMENT. Public Agency,By: Oi—I "'-) `'t Date: �" ����O Maurice S liccWWorks Director,or designee Recommended B / N Date: aren Laws,Principal Real Property Agent Contractor,hereb also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law, Delta Demolition C tractors,In . \ / By. �ql V fo ( esignate official capacity Se usiness) (CORPORATE Telta Demotition C n ractors,I . SEAL) � By: (Desi ofAtlefficia cap ' y in the business) cor Note to Contractor: For porations, 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. (Civ. Code,Sec. 1190 and Corps. Code,Sec.313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of Califo is ) t ) ss. County of n�tl (OJ I- ) On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Contractor,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that helehe/they executed the same in his+er/their authorized 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,executed the instrument. WITNESS my hand and official seal. Dated: mmisslQW#1506844 ~'" Notary Public Z " �; Nota,J lic-California ZContra Co ounty YC mm.Expires Aug 008 f H:\Real Property\Delta Demolition contract.do I7ry ISION D - I Page I of 9 _____._._� I i File:/C.LI I. WORK 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("special terms")in Section 1. (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. (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 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. 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,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 caused by 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,if any,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 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. 7. PAYMENT. 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 in accordance with the Payment Provisions section of the attached Appendix A,"Additional Provisions". 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. 9. INSURANCE. (Labor Code Sections 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 admitted insurer,or(3) an exact copy or 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) satisfactory to Public Agency,guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 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 workers to complete this agreement and work as provided herein,for a period of 3 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 Division 2 of the Labor Code(beginning with Section 1720,and including Sections 1735, 1777.5,and 1777.6 forbidding discrimination). 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,as well as Section 1776 concerning certified payroll records,shall apply to this agreement. WReal Property\Delta Demolition contract.doc DIVISION D - 2 Page 2 of 9 File:/C.LI .13. WAGE 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 worker needed to execute this contract,and said rates are as specified in the call for bids for this work or 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 on 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 promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 14. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no worker 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. 15. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 16. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products,workers, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 17. 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. 18. 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 this contract, or acceptance of the whole or any part of said work and/or materials, or 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. 19. HOLD HARMLESS & INDEMNIFICATION. (a) Contractor promises to and shall defend, indemnify, save, and hold harmless the indemnitees from the liabilities as defined in this section. (b) The indemnitees benefitted and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents, and employees, together with any additional persons and entities, if any, listed in the Supplementary General Conditions(Division G). (c) The liabilities protected against are any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses, or liabilities arising out of or in connection with the actions defined below for personal injury, sickness, disease, emotional injury, death, property damage(including loss of use), trespass, nuisance, inverse condemnation, patent infringement, or any combination of these, regardless of whether or not such liability, claim, or damage was foreseeable 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), supplier(s), trucker(s), anyone for whose acts the Contractor may be liable, or any officer(s), agent(s)or employee(s)of one or more of them. (e) 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 or has insurance or other indemnification covering any of these matters. (f) Except as prohibited by Civil Code Section 2782,the Contractor's obligations under this section shall exist regardless of the existence or degree of fault of the Public Agency or any indemnitee. (g) The Contractor's obligations under this section shall extend to claims arising after the work is completed and accepted if the claims are related to alleged acts or omissions that occurred during the course of the work. Public Agency's inspection is not a waiver of full compliance with these requirements. (h) The Contractor and the Contractor's insurance carrier(s) shall respond within 15 days to the tender of any claim for defense and indemnity by the Public Agency,unless this time has been extended by the Public Agency. (i) With respect to third-party claims against the Contractor, the Contractor waives all rights of any kind to express or implied indemnity against the indemnitees. 0) Nothing in this section is intended to establish a standard of care owed to any third party or to extend to any third party the status of a third-party beneficiary. HAReal Property\Delta Demolition contract.doc DIVISION D - 3 Page 3 of 9 File:/C.LI 20. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a detailed}clan 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. 21. RECORD RETENTION AND AUDITING. Except for materials and records delivered to Public Agency, Contractor shall maintain and retain,for a period of at least five years after Contractor's receipt of the final payment under this contract,all records relating to this contract or to the work, including without limitation estimates, bids, shop drawings, submittals, subcontracts, personnel and payroll records,job reports and diaries, receipts,invoices,cancelled checks and financial records. Upon request by Public Agency,at no additional charge,Contractor shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency,and without restriction or limitation on their use. 22. VENUE. Any litigation involving this contract or relating to the work shall be brought in Contra Costa County,and Contractor hereby waives the removal provisions of Code of Civil Procedure Section 394. 23. ENDORSEMENTS. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors,County officers,or others who may be authorized by the Board of Supervisors or by law to receive such views. 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). H:\Real Property\Delta Demolition contract.doc DIVISION D - 4 Page 4 of 9 File:/C.1.1 APPENDIX A ADDITIONAL PROVISIONS 1. Scone of Services (a) This contract will be administered on behalf of the Public Agency by the County's Principal Real Property Agent or her designee ("Authorized Representative")within the limits of the Total Contract Price. (b) The Public Agency's Authorized Representative may contact the Contractor and request Contractor's demolition services on a specific property or properties when the need for services arises ("Initial Inquiry"). The Initial Inquiry will specify the properties for which a cost estimate is needed. Within fourteen (14) days following the date the Initial Inquiry is sent to Contractor, Contractor will either notify the Public Agency's Authorized Representative that it does not want to perform the work, or it will provide the Public Agency's Authorized Representative with a written cost estimate for the demolition work specified in the Initial Inquiry. The Contractor will deliver the written cost estimate and all other notices hereunder to the Public Works Department at the address provided below in accordance with Section 11 of this contract. If Contractor fails to respond within the fourteen(14) day period, he will be deemed to have declined the work. (c) If Contractor provides the Public Agency's Authorized Representative with a cost estimate within the required period,the Public Agency's Authorized Representative will determine whether to accept the cost estimate as the individual contract price ("Individual Contract Price"). If the Public Agency's Authorized Representative accepts the cost estimate as the Individual Contract Price, the Public Agency's Authorized Representative will provide contractor with a Written Acceptance of Individual Contract Price. The Contractor will sign the Written Acceptance of Individual Contract Price and return it to the Public Agency's Authorized Representative within three (3)business days following the date it is received by the Contractor. If the Public Agency's Authorized Representative rejects the cost estimate as the Individual Contract Price, the Public Agency's Authorized Representative will provide notification of this fact to Contractor("Notice of Rejection") and Contractor may submit a revised cost estimate to the Public Agency's Authorized Representative within three (3) business days following receipt of the Notice of Rejection. If the Public Agency's Authorized Representative accepts the revised cost estimate as the Individual Contract Price, the Public Agency's Authorized Representative will provide contractor with a Written Acceptance of Individual Contract Price. The Contractor will sign the Written Acceptance of Individual Contract Price and return it to the Public Agency's Authorized Representative within three (3)business days following the date it is received by the Contractor. (d) Following receipt of a signed Written Acceptance of Individual Contract Price from Contractor, the Public Agency's Authorized Representative may issue a Notice to Proceed. The Notice to Proceed will specify the properties on which the demolition services are required and the date by which the work must be started, the date by which the work must be completed, and other directions required at the discretion of the Public Agency's Authorized Representative. Contractor will sign the Notice to Proceed and HAReal Property\Delta Demolition contract.doc DIVISION D - 5 Page 5 of 9 File:/C.LI return it to the Public Agency's Authorized Representative no later than three (3) days after it is received by the Contractor. (e) Contractor's demolition services will include, but are not necessarily limited to the following: (1) Contractor shall remove all buildings and improvements from the site, including but not limited to, all combustible materials, concrete, rubbish, and subsurface structures such as wells. Contractor will fill and compact any below grade areas and voids resulting from demolition, if any, and will clear and grub and rough grade the surface to match the surrounding ground level of the site. (2) Contractor shall cap existing utility lines, if any. In the event sewer lines are capped, Contractor shall provide documentation from the servicing sanitary district that such sewer laterals were capped to the satisfaction of such sanitary district. (3) Contractor shall control dust and noise as necessary to minimize inconvenience to neighbors. (4) The list of properties that Contractor may be called on to demolish includes the following: ORBISONIA HEIGHTS PROPERTIES APN STREET ADDRESS 1• 094-012-022 540 S Broadway Ave. 2. 094-012-023 550 S. Broadway Ave. 3• 094-012-024 560 S. Broadway Ave. 4. 094-012-025 570 S. Broadway Ave. 5. 094-012-026 580 S. Broadway Ave. 6. 094-012-027 590 S. Broadway Ave. 7. 094-012-036 591 Bailey Rd. 8. 094-013-002 620 S. Broadway Ave. 9• 094-013-003 650 S. Broadway Ave. 10. 094-013-004 660 S. Broadway Ave. 11. 094-013-005 668 S. Broadway Ave. 12. 094-013-006 670 S. Broadway Ave. 13. 094-013-007 631 Bailey Rd. 14. 094-013-008 621-625 Bailey Rd. 15. 094-013-009 615 Bailey Rd. 16. 094-013-010 611 Bailey Rd. 17. 094-013-011 605 Bailey Rd. 18. 094-014-001 671 S. Broadway Ave. 19• 094-014-010 S. Broadway Ave. 20. 094-014-011 51 MAYLARD ST 21. 094-014-012 641 S. Broadway Ave. 22. 094-014-013 651 S. Broadway Ave. 23. 094-014-014 661 S.-Broadway Ave. 24. 094-015-006 498 Wollam Ave. 25• 094-015-007 510 Wollam Ave. HAReal Property\Delta Demolition contract.doc DIVISION D - 6 Page 6 of 9 • File:/C.1.1 26. 094-015-011 581 S. Broadway Ave. 27. 094-015-012 571 S. Broadway Ave. 28. 094-015-013 551 S. Broadway Ave. 29. 094-015-014 541 S. Broadway Ave. 30. 094-015-027-9 591 S. Broadway Ave. 31. 094-016-002 495 Wollam Ave. 32. 094-026-001 680 S. Broadway Ave. 33. 094-026-002 690 S. Broadway Ave. 34. 094-026-005 681 BAILEY ROAD 35. 094-026-006 671 Bailey Rd. (f) It is intended by the Public Agency that the demolition work of all 35 properties will be done in stages under a series of individual contracts whose sum total shall not exceed $500,000. Nothing in this agreement entitles Contractor to participate in any portion or stage of the work absent a Written Acceptance of Individual Contract Price and Notice to Proceed signed by both the Contractor and the Public Agency's Authorized Representative, and Public Agency may award any individual contract to another contractor. When fully executed, the Written Acceptance of Individual Contract Price and Notice to Proceed will be deemed to automatically become part of this Contract and enforceable as such. Under no circumstances will Public Agency be liable for any demolition costs in excess of the Individual Contract Price. 2. Payment Provisions. Public Agency will pay Contractor for the demolition work specified in the Notice to Proceed 35 days after Public Agency accepts the work as complete by recording a notice of completion of the work and providing Contractor with a certificate, provided Contractor shows that all claims for labor and materials have been paid, no claims have been presented to Public Agency based on acts or omissions of the Contractor, 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. 3. Diligent Completion. Once Contractor begins work, said demolition and removal work shall be prosecuted diligently and continuously each working day until completed. Work shall not be suspended for more than three working days, except for conditions beyond the control of Contractor. 4. Compliance with Applicable Laws, Regulations and Permit Requirements. Contractor shall observe and comply with all laws, ordinances, and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work. Contractor's work shall meet the requirements of Contra Costa County Ordinance Code, Title 7, and all other applicable codes, regulations and laws. Contractor shall, at no cost to Public Agency, apply for and obtain all relevant permits and licenses necessary to perform the demolition work required under this Contract and will comply with all such permit requirements, including any applicable environmental requirements issued by the EPA. 5. Insurance. Contractor shall, at no cost to Public Agency, obtain and maintain during the term hereof. (a) Workers' Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of$1,000,000 and a maximum deductible of$25,000; and (c) Comprehensive General Liability Insurance, including blanket contractual (or contractual H:\Real Property\Delta Demolition contract.doc DIVISION D - 7 Page 7 of 9 r File:/C.1.1 liability) coverage, broad form property damage coverage, and coverage for owned and non- owned vehicles, with a minimum combined single limit coverage of$500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence, and naming Public Agency, its governing bodies, officers and employees as additional insureds. Contractor shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse, cancellation or material change in coverage. 6. Status. Contractor is an independent contractor, and shall not be considered an employee of Public Agency. 7. Breach. In the event that Contractor fails to perform any of the services described in this contract or otherwise breaches this contract, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this contract shall not be subject to non judicial arbitration. Any litigation involving this contract or relating to the work shall be brought in Contra Costa County, and Contractor hereby waives the removal provisions of Code of Civil Procedure Section 394. 8. Assumption of Risk. Contractor assumes all risk and responsibility in the demolition/removal operations, including any damages or loss by vandalism. Contractor acknowledges that the demolition and removal work involves certain risks and expressly releases Public Agency, its officers and employees, from any and all liability for death, personal injury, sickness or property damage to Contractor, Contractor's employees or any other person resulting from or in any way connected with, the services covered by this contract. 9. Ownership of Demolition Material. Upon agreement by both parties of a contract price for the demolition work of a specific property, all buildings, material and structures to be demolished and removed will become the property of Contractor, to be disposed of off the site as Contractor sees fit. Public Agency will incur no liability for any building, materials or structures that are removed from the property. This provision shall not apply to treasure trove or other intrinsically valuable material. 10. Amendments. This contract may be modified or amended only by a written document executed by both parties. 11. Notices: All notices (including requests, demands, approvals or other communications) under this contract shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (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 personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. H:\Real Property\Delta Demolition contract.doc DIVISION D - 8 Page 8 of 9 F File:/C.1.1 b. The place for delivery of all notices given under this contract shall be as follows: Public Agency: Contra Costa County Public Works Department Attn: Principal Real Property Agent 255 Glacier Drive Martinez, CA 94533 Telephone: (925) 313-2228 Contractor: Delta Demolition Contractors, Inc. Attn: Susie Graunstadt 415 Beatrice Court, Suite G Brentwood, CA 94513 or to such other addresses as Agency and Contractor may respectively designate by written notice to the other. HAReal Property\Delta Demolition contmct.doc DIVISION D - 9 Page 9 of 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / County of On 200Y before me, Jc"',,'3 ��� Lt>ti�� rA�/ate /)c Date , J 1 He Inst Name and Title of the Icer r personally appeared �L/5Gvti L�✓k "�S 14rel r� c tti t Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name( -ism subscribed to the within instrument and acknowledged to me that executed the same in lalsZb th ' authorized capacity ie ), and that b -his/t> t�hel�r signatures) on the JAMES ALAN MAXWELL instrument the persor� or the entity upon behalf of Commission# 1607848 which the person(�)�cted, executed the instrument. Notary Public -California y� �?Y= Contra Costa CountyI certify under PENALTY OF PERJURY under the laws My Comm.Expires Sep 19,2009 r of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a'nd official seal. Place Notary Seal Above Signature Signature of Ngle y Public 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individuals ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—FJ Limited C General ❑ Partner—r- Limited E. General _ ❑ Attorney in Fact G Attorney in Fact • - 7oc It thumb here El Trustee ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator C Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,PO`Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827