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HomeMy WebLinkAboutMINUTES - 04061993 - 1.11 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: APRIL 6, 1993 SUBJECT: SOIL EXCAVATION AGREEMENT-DRAINAGE AREA 105, DEER CREEK DETENTION BASIN - BRENTWOOD AREA - PROJECT (7590-6D8515) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Soil Excavation Agreement for the Deer Creek Detention Basin with Morrison Homes Northern Division, a division of George Wimpey, Inc., and AUTHORIZE the Chief Engineer to sign the Agreement on behalf of the District. II. Financial Impact: The Agreement commits the District to pay Morrison Homes Northern Division, $2.00 per cubic yard for the removal of up to 40,000 cubic yards of soil material from the Deer Creek Detention Basin in Brentwood. The funding source is Flood Control Drainage Area 105. III. Reasons for Recommendations: Informal bids were solicited in an attempt to sell the material in place. No positive bids were received. All bids. were rejected, the lowest being $2.50 per cubic yard. Subsequent to the rejection of the bids, the purchaser advised he had a need for the material and would take the material at a lower price. Development of the detention basin requires that this material be removed and it appears the best price to the District can be achieved in cases like this where immediate commitments can be made when the material is wanted. The District intends to contract for the removal of the material on a first-come, first-served basis at $2.00 a yard to any qualified excavator until the basin is completed. Continued on Attachment: X SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ( Q �� ��y 3 APPROVED AS RECOMMENDED -,4-- OTHER_ VOTE OF SUPERVISORS _UNANIMOUS (ABSENT ) hereby certify that this is a true and correct copy of AYES: NOES: an action taken and entered on the minutes of the Board of Supervisors on the date shown. ABSENT: ABSTAIN: ATTESTED: ._��-►�-� �- 9 f PHIL BATCIqELOR,Cierk of the Board RF:glRF:glo o6.t3 of Supervisors and County Administrator Orig. Div: Public Works (R/P) Contact: Roger Frost (313-2223) ek x. —,Oentfty cc: County Administrator Auditor-Controller (via R/P) P. W.Accounting SOIL EXCAVATION AGREEMENT-DRAINAGE AREA 105, DEER CREEK DETENTION BASIN- BRENTWOOD AREA - PROJECT April 6, 1993 Page TWO IV. Background: The District has estimated that if there were no demand for soil material for offsite use, the cost to excavate the basin could run between $4 and $5 per cubic yard. While no positive bids were recently received for the basin excavation, the lowest non-conforming bid was $2.50 per cubic yard. Contracting to remove the material on an as-needed basis at $2.00 per cubic yard represents a considerable savings to the District over estimated costs if there is little or no demand for the material. It is estimated that approximately 220,000 cubic yards of material will have to be removed. V. Consequences of Negative Action: If the award is delayed, there is a risk that the material will not be in demand when the District wishes it removed. This would result in an increased cost to the District. Since the amount to be removed is substantial, the cost increases could be substantial. Soil Excavation Agreement for Deer Creek Detention Basin (Brentwood) 1. Parties, Date, Subject This Agreement, entered into on �r — , 1993, by and between the Contra Costa County Flood Control and Water Conservation District, hereinafter referred to as "DISTRICT', and MORRISON HOMES NORTHERN DIVISION, a division of George Wimpey, Inc., hereinafter referred to as "PURCHASER", is for the removal of soils material presently located on District owned property, being Assessor's Parcel No. 54-150-018 (easterly 11 acres only). DISTRICT and PURCHASER mutually agree and promise as follows: 2. Payment PURCHASER agrees to pay to DISTRICT the sum of $ -0- /cubic yard for all soil material and the right to excavate same from the property shown on the plans attached hereto and identified as Exhibit "A". Payment in full shall be made to the DISTRICT within 15 working days from the date hereinabove first given and in no event shall PURCHASER commence any removal of soil material prior to receipt of funds by DISTRICT. or, in the alternative,DISTRICT will pay to PURCHASER the surn of $2.00 per cubic yard, payment to be made within 60 days of verified yardage count and submittal of a property invoice. Payment to be made on the basis of yardage removed from site, however, in no event shall the yardage removed from the site under the terms of this agreement exceed 40,000 cubic yards of material. 3. Work PURCHASER agrees to excavate within the drainage basin shown on the attached Exhibit"A" (DISTRICT'S drawing DA 105 dated December 19, 1991) in accordance with the plans and specifications shown thereon and as directed by the District Engineer. PURCHASER shall complete the excavation no later than June 30, 1993. 4. Liability Insurance PURCHASER shall obtain and maintain for the term of this Agreement, comprehen- sive general liability insurance, including blanket contractual (or contractual liability) coverage and coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 for all damages due to bodily injury, sickness or disease, or death or any person, and damage to property, including the loss of the use thereof, arising out of each accident or occurrence. PURCHAS- ER shall furnish evidence of such coverage, in a form and content satisfactory to DISTRICT, naming DISTRICT, its governing body, officers and employees, as additional insureds, and requiring thirty (30 days' written notice of policy lapse or cancellation). 5. Indemnification PURCHASER shall defend, indemnify, save, and hold harmless the DISTRICT and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or actions of the PURCHASER or its agents, servants, employees or subcontractors hereunder, save and except • 1 claims or litigation arising through the sole negligence or sole willful misconduct of the DISTRICT or its officers or employees. PURCHASER will reimburse the DISTRICT for any expenditures, or its officers or employees. PURCHASER will reimburse the DISTRICT for any expenditures, including reasonable attorneys'fees, the DISTRICT may make by reason of the matters that are the subject of this indemnification, and if requested by the DISTRICT for any expenditures, including reasonable attorneys' fees, the DISTRICT may make by reason of the matters that are the subject of this indemnification, and if requested by the DISTRICT will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the PURCHASER. 6. Permits PURCHASER shall be responsible for obtaining all necessary permits and certificates required in connection with the grading and removal of the soils material. 7. Soil All soils material removed in accordance with the terms and conditions of this Agreement becomes the property of the PURCHASER to be disposed of as he sees fit. DISTRICT makes no representation whatsoever as to the exact Quantity, quality or condition of the soils material which purchaser acquires "as Is" and "where Is". 8. Standard PURCHASER agrees ,that all work shall be done to the satisfaction of DISTRICT and DISTRICT shall be the sole judge of PURCHASER's compliance with the terms and conditions of this Agreement. 9. Supervision PURCHASER agrees to adequately supervise the excavation and removal of the soils material and agrees to leave the property at all times in a clean, orderly and safe condition; and if not, PURCHASER agrees to take immediate steps to insure such conditions. PURCHASER acknowledges that the site is within a residential area and that the PURCHASER will be very sensitive to the effect the operation may have on surrounding residential units, and therefore DISTRICT will be very strict in its interpretation on this contract as to dust, noise, dirt and visual impact on the surrounding community. 10. Dust Control PURCHASER agrees to maintain adequate dust control at all times and shall comply with the Bay Area Air Quality Management District standards as they apply to this project. Adequate dust control will, as a minimum, require the use of a water truck, the costs of which shall be borne solely by the PURCHASER. The District Engineer shall be the sole judge as to the adequacy of the dust control measures performed by the PURCHASER. Should PURCHASER fail to comply with this section, or with any other provision of this Agreement, the District Engineer shall have the right to order PURCHASER to immediately cease operations under this Agreement until PURCHASER is in full compliance. This remedy shall not limit or preclude any other remedy available to DISTRICT. 2 IC 11. Working Hours PURCHASER shall not start work prior to 8:00 a.m. and shall not work beyond 5:00 p.m., nor shall work be done on weekends, unless DISTRICT approves alternative hours;;,which approval shall be at the sole discretion of DISTRICT. 12. Time It is mutually agreed that time is of the essence in this project.. The DISTRICT reserves the right y,;upon ten days' prior written notice, to declare a forfeiture of any and all rights of the PURCHASER in the event of his failure to perform under the terms and condiltions of this Agreement, in whole or in part, and upon said forfeiture DISTRICT reserves the right to contract with others to complete the work hereunder and retain all monies received by DISTRICT from the PURCHASER. 13. Traffic Control It is the responsibility of the PURCHASER to ensure highway safety by providing, installing, and maintaining such devices which are necessary to provide safe passage for the traveling public through the work area and at all highway crossings, as per the 1985 edition of the State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. The PURCHASER'also agrees to keep the adjacent highway system clean and free of all mud and debris that is directly associated with the excavation project, at all times and as directed by the District Engineer. 14. Bonds PURCHASER shall provide a Performance Bond of $20,000 per contract and a labor and material bond of $20,000 to insure removal of this soil in accordance with the terms an'd conditions of this Agreement, said bonds to be submitted to DISTRICT no later than 15 days after approval of the Agreement. 15. Excavation PURCHASER shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to DISTRICT 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. 16. 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 workers needed to;`: execute this contract, and said rates are on file with the DISTRICT, '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. 3 (c) The PURCHASER, 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 agree- ments. 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 PURCHASER 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 PURCHASER shall immediately notify the DISTRICT which shall promptly determine the prevailing wage rate therefor and furnish the PURCHASER with the minimum rate based thereon,which PURCHASER shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 17. Hours of Labor Eight hours of labor in one calendar day constitutes a legal day's work, and no worker employed at any time in this work by the PURCHASER or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 18. Apprentices Properly indentured apprentices may be employed on this work in accordance with the relevant sections of the California Labor Code (including Section 1777.5 et seq.) 19. Subcontractors Public Contract Code Section 4100 et seq. are incorporated herein. 20. Laws Apply • General Both parties recognize the applicability of various Federal, State and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Section 1720, and including Sections 1735, & 1777.6 forbidding discrimina- tion) 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 & 1813, concerning prevailing wages and hours, shall apply to this agreement as though fully stipulated herein. 21. Worker's Compensation Insurance Within 15 days of approval of this Agreement by the Board of Supervisors, as the Governing body of the District, PURCHASER shall furnish to DISTRICT (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Worker's Compensation Insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Pursuant to Labor Code Sections 1860 and 1861, PURCHASER certifies that he is aware of the provisions of Labor Code Section 3700, which require every contractor to secure the payment of compensation to his employees, and which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and PURCHASER certifies that he will comply with such provisions before commending the performance of the work of this Agreement. (Labor Code § 1860-61) Within 10 days of approval of this agreement by the Board of Supervisors as the governing body of the District, PURCHASER must 4 give DISTRICT (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Workers' Compensation. Insurance. 22. Documents } All insurance certificates (§ 4, 20) and bonds (§ 13) required under this agreement shall be submitted to: DISTRICT at least five working days before PURCHASER (nay commence with soil removal under this agreement. 23. No Waiver by Public Agency Inspection or approval of'the soil removal, or statement by any officer, agent or employee of the DISTRICT 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 or any combination of these acts, shall not relieve the PURCHASER if his obligation to fulfill this contract as prescribed; nor shall the PURCHASER 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. 24. Hazardous Material The DISTRICT has identified a location of petroleum based contamination at the westerly end of the site. It is the Purchaser's responsibility to not remove any contaminated material from that area or any other area on the site in contaminations are found and Purchaser bears full responsibility for any damages caused or resulting from such removal; the material being sold "as is, where is," as set fort in Section 7 hereinbefore. 25. Siltation Control In the event PURCHASER'S excavation of the soils material causes any siltation or the possibility of siltation to Deer Creek, PURCHASER shall immediately cease said operations and immediately perform such protective or remedial work as the DISTRICT shall require at PURCHASER'S sole cost and expense. 26. Purchaser Clearing It shall be the PURCHASER'S responsibility to remove all vegetation and debris from his work area. 27. Assignment This Agreement binds the heirs, successors, assigns, and representatives of the PURCHASER; but he cannot assign it in whole or in part without the prior written consent of the DISTRICT and the PURCHASER'S surety or sureties, unless they have waived notice of assignment. 5 iu 28. No Waiver by Public Agency Inspection or approval of the soil removal,for statement by any officer, agent or employee of the DISTRICT indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work or any combination of these acts, shall not relieve the PURCHASER of this obligation to fulfill this Agreement as prescribed; nor shall the DISTRICT be thereby stopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. Contra Costa Countyjirl Flood Control Purchaser, hereby also acknowledging and Water Conservation District awareness of and compliance with Labor Code § 1861 concerning Workers' Com- pensation Law. By - — Morrison es No h r ivision Chief Engineer '; By: Approved as to Form Address: 2255 Contra Costa Blvd. Victor J. Westman, County Counsel Pleasant Hill, CA 94523 I j By Telephone No.: (510) 798-9700 Deputy County(Counsel RF:910 c:MHomesA3 March 22, 1993 1 6 !! g \3 � � � � $ � U � � i q � � ��'° !� � � �" S � it ��"''1"' _i \. \' D �• �� � -- t- t , 1 7_ (NYS i w {;.. �., �• 44 I'll k- k 51 vo- i,/ TJ � gyp(, • - ;�,:' ,, �- _.1•J , ,vo r �. - f. f , t _'`tT'Y: �r \;_�- C •��� r ?�\ 'tom{� �' .\..� . {.E � Y /j* 1 F 1' I I . R t I t r II ' Soil Excavation Agreement for Deer Creek Detention Basin (Brentwood) 1. Parties, Date, Subject �Z— 6 !�7 3 This Agreement, entered into on1993, by and between the Contra Costa County Flood Control and Water Conservation District, hereinafter referred to as "DISTRICT', and MORRISON HOMES NORTHERN DIVISION, a division of George Wimpey, Inc., hereinafter referred to as "PURCHASER", is for the removal of soils material presently located on District owned property, being Assessor's Parcel No. 54-150-018 (easterly 11 acres only). DISTRICT and PURCHASER mutually agree and promise as follows: 2. Payment PURCHASER agrees to pay to DISTRICT the sum of $ -0- /cubic yard for all soil material and the right to excavate same from the property shown on the plans attached hereto and identified as Exhibit "A". Payment in full shall be made to the DISTRICT within 15 working days from the date hereinabove first given and in no event shall PURCHASER commence any removal of soil material prior to receipt of funds by DISTRICT. or, in the alternative, DISTRICT will pay to PURCHASER the sum of $2.00 per cubic yard, payment to be made within 60 days of verified yardage count and submittal of a property invoice. Payment to be made on the basis of yardage removed from site, however, in no event shall the yardage removed from the site under the terms of this agreement exceed 40,000 cubic yards of material. 3. Work PURCHASER agrees to excavate within the drainage basin shown on the attached Exhibit"A" (DISTRICT'S drawing DA 105 dated December 19, 1991) in accordance with the plans and specifications shown thereon and as directed by the District Engineer. PURCHASER shall complete the excavation no later than June 30, 1993. 4. Liability Insurance PURCHASER shall obtain and maintain for the term of this Agreement, comprehen- sive general liability insurance,including blanket contractual (or contractual liability) coverage and coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 for all damages due to bodily injury, sickness or disease, or death or any person, and damage to property, including the loss of the use thereof, arising out of each accident or occurrence. PURCHAS- ER shall furnish evidence of such coverage, in a form and content satisfactory to DISTRICT, naming DISTRICT, its governing body, officers and employees, as additional insureds, and requiring thirty (30 days' written notice of policy lapse or cancellation). 5. Indemnification PURCHASER shall defend, indemnify, save, and hold harmless the DISTRICT and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or actions of the PURCHASER or its agents, servants, employees or subcontractors hereunder, save and except 1 I claims or litigation arising through the sole negligence or sole willful misconduct of the DISTRICT or its officers or employees. PURCHASER will reimburse the DISTRICT for any expenditures, or its officers or employees. PURCHASER will reimburse the DISTRICT for any expenditures, including reasonable attorneys'fees, the DISTRICT may make by reason of the matters that are the subject of this indemnification, and if requested by the DISTRICT for any expenditures, including reasonable attorneys' fees, the DISTRICT may make by reason of the matters that are the subject of this indemnification, and if requested by the DISTRICT will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the PURCHASER. 6. Permits PURCHASER shall be responsible for obtaining all necessary permits and certificates required in connection with the grading and removal of the soils material. 7. Soil All soils material removed in accordance with the terms and conditions of this Agreement becomes the property of the PURCHASER to be disposed of as he sees fit. DISTRICT makes no representation whatsoever as to the exact quantity, guality or condition of the soils material which purchaser acquires "as is" and "where is". 8. Standard PURCHASER agrees that all work shall be done to the satisfaction of DISTRICT and DISTRICT shall be the sole judge of PURCHASER's compliance with the terms and conditions of this Agreement. 9. Supervision . PURCHASER agrees to adequately supervise the excavation and removal of the soils material and agrees to leave the property at all times in a clean, orderly and safe condition; and if not, PURCHASER agrees to take immediate steps to insure such conditions. PURCHASER acknowledges that the site is within a residential area and that the PURCHASER will be very sensitive to the effect the operation may have on surrounding residential units, and therefore DISTRICT will be very strict in its interpretation on this contract as to dust, noise, dirt and visual impact on the surrounding community. 10. Dust Control PURCHASER agrees to maintain adequate dust control at all times and shall comply with the Bay Area Air Quality Management District standards as they apply to this project. Adequate dust control will, as a minimum, require the use of a water truck, the costs of which shall be borne solely by the PURCHASER. The District Engineer shall be the sole judge as to the adequacy of the dust control measures performed by the PURCHASER. Should PURCHASER fail to comply with this section, or with any other provision of this Agreement, the District Engineer shall have the right to order PURCHASER to immediately cease operations under this Agreement until PURCHASER is in full compliance. This remedy shall not limit or preclude any other remedy available to DISTRICT. 2 11. Working Hours PURCHASER shall not start work prior to 8:00 a.m. and shall not work beyond 5:00 p.m., nor shall work be done on weekends, unless DISTRICT approves alternative hours, which approval shall be at the sole discretion of DISTRICT. 12. Time It is mutually agreed that time is of the essence in this project. The DISTRICT reserves the right upon ten days' prior written notice, to declare a forfeiture of any and all rights of the PURCHASER in the event of his failure to perform under the terms and conditions of this Agreement, in whole or in part, and upon said forfeiture DISTRICT reserves the right to contract with others to complete the work hereunder and retain all monies received by DISTRICT from the PURCHASER. 13. Traffic Control It is the responsibility of the PURCHASER to ensure highway safety by providing, installing, and maintaining such devices which are necessary to provide safe passage for the traveling public through the work area and at all highway crossings, as per the 1985 edition of the State of California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. The PURCHASER also agrees to keep the adjacent highway system clean and free of all mudand debris that is directly associated with the excavation project, at all times and as directed by the District Engineer. 14. Bonds' PURCHASER shall provide a Performance Bond of $20,000 per contract and a labor and material bond of $20,000 to insure removal of this soil in accordance with the terms and c"onditions of this Agreement, said bonds to be submitted to DISTRICT no later than 15 days after approval of the Agreement. 15. Excavation PURCHASER shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to DISTRICT 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. 16. 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 workers needed to execute this contract, and said rates are on file with the DISTRICT, 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. 3 (c) The PURCHASER, 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 agree- ments. 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 PURCHASER 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 PURCHASER shall immediately notify the DISTRICT which shall promptly determine the prevailing wage rate therefor and furnish the PURCHASER with the minimum rate based thereon,which PURCHASER shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 17. Hours of Labor Eight hours of labor in one calendar day constitutes a legal day's work, and no worker employed at any time in this work by the PURCHASER or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 18. Apprentices Properly indentured apprentices may be employed on this work in accordance with the relevant sections of the California Labor Code (including Section 1777.5 et seq.) 19. Subcontractors Public Contract Code Section 4100 et seq. are incorporated herein. 20. Laws Apply - General Both parties recognize the applicability of various Federal, State and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Section 1720, and including Sections 1735, & 1777.6 forbidding discrimina- tion) 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 & 1813, concerning prevailing wages and hours, shall apply to this agreement as though fully stipulated herein. 21. Worker's Compensation Insurance Within 15 days of approval of this Agreement by the Board of Supervisors, as the Governing body of the District, PURCHASER shall furnish to DISTRICT (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Worker's Compensation Insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Pursuant to Labor Code Sections 1860 and 1861, PURCHASER certifies that he is aware of the provisions of Labor Code Section 3700, which require every contractor to secure the payment of compensation to his employees, and which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and PURCHASER certifies that he will comply with such provisions before commending the performance of the work of this Agreement. (Labor Code § 1860-61) Within 10 days of approval of this agreement by the Board of Supervisors as the governing body of the District, PURCHASER must 4 give DISTRICT (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Workers' Compensation Insurance. 22. Documents All insurance certificates (§ 4, 20) and bonds (§ 13) required under this agreement shall be submitted to DISTRICT at least five working days before PURCHASER may commence with soil removal under this agreement. 23. No Waiver by Public Agency Inspection or approval of the soil removal, or statement by any officer, agent or employee of the DISTRICT 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 or any combination of these acts, shall not relieve the PURCHASER if his obligation to fulfill this contract as prescribed; nor shall the PURCHASER 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. 24. Hazardous Material The DISTRICT has identified a location of petroleum based contamination at the westerly end of the site. It is the Purchaser's responsibility to not remove any contaminated material from that area or any other area on the site in contaminations are found and Purchaser bears full responsibility for any damages caused or resulting from such removal; the material being sold "as is, where is," as set fort in. Section 7 hereinbefore. 25. Siltation Control In the event PURCHASER'S excavation of the soils material causes any siltation or the possibility of siltation to Deer Creek, PURCHASER shall immediately cease said operations and immediately perform such protective or remedial work as the DISTRICT shall require at PURCHASER'S sole cost and expense. 26. Purchaser Clearing It shall be the PURCHASER'S responsibility to remove all vegetation and debris from his work area. 27. Assignment This Agreement binds the heirs, successors, assigns, and representatives of the PURCHASER; but he cannot assign it in whole or in part without the prior written consent of the DISTRICT and the PURCHASER'S surety or sureties, unless they have waived notice of assignment. 5 28. No Waiver by Public Agency Inspection or approval of the soil removal, or statement by any officer, agent or employee of the DISTRICT indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work or any combination of these acts, shall not relieve the PURCHASER of this obligation to fulfill this Agreement as prescribed; nor shall the DISTRICT be thereby stopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. Contra Costa County Flood Control Purchaser, hereby also acknowledging and Water Conservation District awareness of and compliance with Labor Code § 1861 concerning Workers' Com- pensation Law. B Morrison*mes No er Division 'Chief Epff-iWe-i A By: 911A Approved as to Form Address: 2255 Contra Costa Blvd. Victor J. Westman, County Counsel Pleasant Hill, CA 94523 By Telephone No.: (510) 798-9700 Deputy County Counsel RF:glo c:WomesA3 Match 22, 1993 J 6 V. 1 1 , I � I I , .• I I ' 3 1 1 - I 1 n.P:-aAMaui _ I :... I `'•� �'. •' `��• ��� \ / % PAYCIG 00 ol l.1 ► I �, , APPLE ) SUED. E \ � �, •� is u I \ P. 4 61 j ul di ! �d2 1 (11 \ '•� r i � ger ;. ,•� III. � � _ 1 n �� t •` d J � ll tl 4, i - 2 X 1, L�lTY-) _ l 1 �\• ♦J e I 4 1 I L\r�, S �� n t• � � o � - E IIEcT Lulell aa 00 ji CHEEK - flEI yin— \yV L+rl Iy i ,