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HomeMy WebLinkAboutMINUTES - 05251999 - C13-C17 c13 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND NATER CONSERVATION.DISTRICT FROM: J.MICHAEL WALFORD, CHIEF ENGINEER DATE: May 25, 1999 SUBJECT: APPROVE Joint Exercise of Powers Agreement Between the Town of Danville and the Flood Control District for the Repair of Facilities within West Alamo Creek, in Danville. Project Number: 7580-6D8452-98 SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICAT€ON Id Recommended Action: APPROVE Joint Exercise of Powers Agreement between the Town of Danville and the Contra Costa County Flood Control and Water Conservation District for the repair of facilities within West Alamo Creek, and AUTHORIZE the Chairperson to execute the agreement. II. Financial Impact: The estimated total cost for construction is $655,000,which will be funded by Drainage Area 1010 (33%),the Town of Danville (33%), Federal Emergency Management Agency (25%), and State Office of Emergency Services (9%). x Continued on Attachment: X SIGNATURE. _RECOMMENDATION RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON may77,7171APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I hereby Certify that this is a true and correct AYES: oiJS(ABSENT Co of an action taken and entered.on the minutes of ACEs: NOES: Copy ABSENT: ABSTAIN: the Board of Supervisors on the date shown. B;jlg G:Z;Dat®\FldCtl\CBO\FC BO 5-25 JEPA wDanatlle.doc Oris.Bet+: Pubi:o Worts Flood Control ATTESTED: May 25, 1999 Contaet: D.Eckerson(3113-2273; cc: R.Rlttt,Town o:Danv;;:e PHIL BATCHELOR, Clerk of the Board T.Jenne,:.Flood Comet CAO of - pe s and C ,ty Administrator County Counsel Accounting6-- J By , Deputy SUBJECT: APPROVE Joint Exercise of Powers Agreement between the Town of Danville and the Mood Control District for the Repair of Facilities Within West Alamo Creek, in Danville DATE: May 25, 1999 PAGE 2 111. Reasons for Recommendations and Background: The Flood Control District and the Town of Danville are jointly working to repair Jonathan Ridge Drive and drainage improvements within West Alamo Creek,which were damaged in the El Nino '98 disaster. The Town and District have agreed to share in the cost of the project not funded by FEMA. By entering into this Joint Exercise of Powers Agreement,the Town and the Flood Control District are agreeing to work together in the construction of the Jonathan Ridge Drive/West Alamo Creek repair. IV. Consequences-of Negative Action: The facility West Alamo Creek would not be repaired, thus jeopardizing its ability to carry storm water safely through the Town of Danville. JOINT EXERCISE OF POWERS AGREEMENT CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PROJECT NUMBER 7580-8D8452-98 TOWN OF DANVILLE PROJECT NUMBER E-001 1. Parties: Effective on , the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter referred to as "DISTRICT" and the TOWN OF DANVILLE, a political subdivision of the State of California, hereinafter referred to as "TOWN," pursuant to Government Code section 8500 and following, mutually agree and promise as follows: 2. Purpose and Scope of Work: The DISTRICT and TOWN are constructing a joint project consisting of a slide repair between Jonathan Ridge Drive and West Alamo Creek (hereinafter referred to as "PROJECT"). A portion of the slide is located on a flood control facility for which the DISTRICT will ultimately have maintenance responsibility for flood control capacity. The TOWN currently has fee title to the area, has offered the portion within West Alamo Creek to the DISTRICT, and will retain the road right of way portion. The PROJECT includes emergency stabilization of the road and creek embankment and repair of the slide. The purpose of this agreement is to provide for joint construction of the PROJECT and the apportionment of PROJECT duties and costs between the DISTRICT and the TOWN. 3. Method: (a) The TOWN shall perform the following activities: 1. Administer a contract with a consulting geotechnical engineer for the site investigation of the PROJECT and the development of repair alternatives. 2. Consult with the DISTRICT on the selection of a repair alternative. 3. Prepare plans and specifications for the PROJECT, allowing for adequate review by the DISTRICT. 4. Obtain all necessary environmental clearances for the PROJECT. 5. Advertise the PROJECT for public bid and award a construction contract(s) for PROJECT construction, as necessary. 8. Perform all design and construction engineering, surveys, materials testing, contract administration, and inspection of the PROJECT. 7. Consult with the DISTRICT on any necessary changes or extra work prior to the issuance of any contract change orders. 8. Perform a joint final inspection of the PROJECT. 9. Accept the PROJECT work, but not until the DISTRICT has determined that the PROJECT has been completed to its satisfaction. 10.Include in the construction contract(s) and administer a one-year warranty and repair agreement for the planned slide repair portion of the PROJECT. 11.Prepare and submit to the DISTRICT a report of the PROJECT receipts and disbursements in accordance with Section 5(c) below. 12.Diligently pursue securing Federal Emergency Management Agency (FEMA), and State disaster assistance funds and any other funds available for reimbursement of PROJECT casts. (b) The DISTRICT shall perform the following activities: 1. Consult with the TOWN on the selection of a repair alternative 2. Review and approve the bid documents prior to advertisement of the construction contract(s). 3. Perform a joint final inspection of the PROJECT. 4. Consult with the TOWN, as necessary, to enable the PROJECT to be properly completed. 5. Prepare and submit to the TOWN a report of all PROJECT expenditures by the DISTRICT in accordance with Section 5(b) below. 4. Financial Responsibility The TOWN applied for federal storm damage funds for the PROJECT. On January 26, 1999, FEMA conducted a field review and declared the slide eligible for federal disaster assistance in the estimated amount of $221,290. The TOWN and the DISTRICT shall equally share PROJECT casts incurred by the TOWN and the DISTRICT that are not reimbursed by FEMA or any other funds. The PROJECT cost estimate is set forth in the attached Exhibit "A" which is incorporated herein. The DISTRICT's maximum cost share shall be no more than 50% of the total local cost incurred (i.e., PROJECT total cost less the maximum FEMA and other reimbursement) as shown on Exhibit °A" Should FEMA fail to approve the PROJECT funding or should the low bid exceed 125% of the engineer's contract cost estimate, the DISTRICT reserves the right to terminate this agreement and reimburse the TOWN only for the DISTRICT'S share of the costs of the PROJECT incurred by the TOWN which shall be no more than 50% of the total cost of the PROJECT incurred by the TOWN. Should FEMA fail to provide its share of the PROJECT funding or should the low bid exceed 125% of the engineer's contract cost estimate, the TOWN reserves the right to terminate this agreement and collect the DISTRICT'S share of the PROJECT costs incurred by the TOWN which shall be no more than 50% of the total cost of the PROJECT incurred by the TOWN. 5. Deoosit and Adiu tment: (a) The TOWN has the option to bill the DISTRICT at any time for assts incurred but not reimbursed on the PROJECT. The DISTRICT`s bili shall be based upon a 50% cost share of the total local cost incurred (i.e., PROJECT total costs less the maximum FEMA and other reimbursement). Payments for the amount owed the TOWN shall be made no later than forty-five days after the date of billing by the TOWN. (b) Within thirty days of expiration of the one-year warranty and repair agreement for the PROJECT, the DISTRICT shall deliver to the TOWN a final report of its PROJECT expenditures. (c) Within ninety days of expiration► of the orae-year warranty and repair agreement for the PROJECT, the TOWN shall deliver to the DISTRICT a final report of the PROJECT receipts and disbursements and a final bill for the additional amount owed to the TOWN. Payment for the amount owed to the TOWN, if any, shall be made no later than forty-five days after the date of this final billing by the TOWN. (d) Should the TOWN receive additional reimbursement for the PROJECT subsequent to the final payment from the DISTRICT, the TOWN shall refund to the DISTRICT 50% of all additional funds upon receipt of the reimbursement. (e) Surplus Money: Any surplus money subject to this agreement on hand with either or both parties at the termination of this agreement shall be returned to the parties in proportion to each of their contributions and returned within ninety days of the termination. & Insurance and Hold Harmless: (a) The contract documents for the joint project shall include provisions requiring the contractor to provide insurance and indemnification naming the DISTRICT and its officers and employees to the same extent as provided to the TOWN. (b) Neither the DISTRICT, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the TOWN in connection with any work delegated to the TOWN under this Agreement, and, to the extent not covered by the above-described insurance or indemnification, the TOWN shall defend, indemnify, save and hold harmless the DISTRICT, its officers and employees against the same, except as provided otherwise in section 7 (c). (c) Neither the TOWN, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the DISTRICT in connection with any work delegated to the DISTRICT under this Agreement, and, to the extent not covered by the above-described insurance or indemnification, the DISTRICT shall defend, indemnify, save and hold harmless the TOWN, its officers and employees, against the same, except as provided otherwise in Section 7(b). (d) The DISTRICT acknowledges that entry into the construction area carries with it a certain risk and agrees to release, indemnify, and hold harmless the TOWN, its officers and employees, from any liability for death of, or injury to, the DISTRICT's representative(s) while present in the construction area, except for liability resulting from the sole negligence or willful misconduct of the TOWN. (e) The TOWN acknowledges that entry into the construction area carries with it a certain risk and agrees to release, indemnify, and hold harmless the DISTRICT, its officers and employees, from any liability for death of, or injury to, the TOWN's representative(s) while present in the construction area; except for liability resulting from the sole negligence or willful misconduct of the DISTRICT. (f) Nothing in this agreement is intended to affect the legal liability of either party to third parties by imposing any standard of care different from that normally imposed by law. 7. Acceptance and Maintenance: (a) Upon completion of the PROJECT, the DISTRICT and TOWN shall conduct a final joint inspection of the PROJECT. After the DISTRICThas determined and informed the TOWN that the PROJECT has been completed to the DISTRICT's satisfaction, the TOWN shall accept the PROJECT as complete for itself and for the DISTRICT. The DISTRICT shall not unreasonably withhold or delay its determination of project completion. (b) Upon acceptance of the PROJECT, the TOWN shall own and be responsible for maintaining the PROJECT for the first year (under the one-year warranty and repair agreement with the contractor) and the roadway portion of the PROJECT after that year and, notwithstanding the provisions of section 6(c), shall defend, indemnify, save and hold harmless the DISTRICT, its officers and employees, against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death occurring after acceptance and relating to the design, construction, use, operation or maintenance of the PROJECT. (c) At the conclusion of the one-year warranty and repair period, the DISTRICT shall process the acceptance of the necessary land rights for maintaining the flood control capacity of the existing channel, and, notwithstanding the provisions of section 6(b), shall defend, indemnify, save and hold harmless the TOWN, its officers and employees against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death occurring after acceptance and relating to the design, construction, use, operation or maintenance of the existing channel. 8. Agreement Modification: This agreement shall be subject to modification only with the written consent of the legislative bodies of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which the agreement is drafted. 9. Restrictions: Pursuant to Government Code section 6509, the powers of the parties under this agreement shall be subject to the restrictions on such powers applicable to the TOWN. 10. Accountability: As required by Government Code section 6505, both parties to this agreement shall provide strict accountability of all funds received for the joint project. 11. Agreement Termination: Unless terminated earlier through the mutual, written consent of the parties, this agreement shall terminate upon the refund payment described in section 5(c) above. Notwithstanding termination of this agreement, the provisions of section 5(d), 6(b)-(e), 7(b) and 7(c) shall survive such termination. 12. This agreement contains the entire understanding of the parties regarding the subject matter of this agreement. CONTRA COSTA COUNTY FLOOD CONTROL TOWN OF DANVILLE AND WATER CONSERVATION DISTRICT B by: y: ; "air�eirsK of Super—visors -M—a-yTr,-4`6wR of Dan7fle S ST. T: ATTEST: Phil Batchelor, Clerk of the Board of supervisors and County Administrator By lAsioL By: rf4p- uty Deptttr RECOMMENDED FOR APPROVAL: RECOMMENDED FOR APPROVAL: A J. Michael Walford, Chief Engineer Rosy Ehlert, City Engineer By: D�0�1 - a 6f En lRiKeE FORM APPROVED: FORM APPROVED: Victor J. Westman, County Counsel City Counsel By. Deputy i € deputy Tijig O:tGrpData\FidCtl\WOE Ki Danville-CCFC jEPA f#nal.dcc 51200 5:453 AM FORM APPROVED: FORM APPROVED: f Victor J. Westman, County Counsel City Attorney By: J,jlg G:KGrpData\F!dCt€\WORK\Danv€€le-CCFC JEFA f na€.doc 5/24/99 11:44 AM. TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GHAD FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE. MAY 25, 1999 SUBJECT: RATIFY DECISION OF THE GENERAL MANAGER, BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT(CHAD), TO ISSUE A CONTRACT CHANGE ORDER TO SITEWORKS CONSTRUCTION INC. FOR THE REPAIR OF A LANDSLIDE AT 3100 FOX CREEK.DRIVE, DANVILLE, CALIFORNIA. (WO 4 5147) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: RATIFY decision of William R. Gray and Company, as General Manager of the Blackhawk Geologic Hazard Abatement District(GRAD),to issue contract change orders to Siteworks Construction, Lafayette, California in conjunction with the repair of a landslide to the rear of 3100 Fox Creek,Danville, California. H Financial lmpact: No impact on the County General Fund. The Blackhawk CHAD is funded through revenues generated by County Service Area M-23. The proposed contract is consistent with the adopted FY 98199 program budget. III. Reasons for Recommendation and Background: During the winter of 1998,a landslide damaged the rear yard and open space areas to the rear of 3100 Fox Creek Court, Danville California, Continued on Attachment:X SIGNATURE: A, _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER CT!`_7\A TI TU Ti 1 C`f ACTIO)V OF BOARD ON May 25, 1999 APPROVED AS RECOMMENDED_-x OTHER l hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 25, 1999 PHIL BATCHELOR, Clerk of the Board of Supervisors VOTE OF SUPERVISORS x UNANIMOUS(ABSENT and Count Admin! rator ) AYES: NOES- ABSENT: ABSTAIN: By Deputy SH:kw g:\Grpdata\Spdist\BcardOrderalCanyon LakesGHAMAwardContract.doc Orig.Div: Public Works(Special Diatrics) Contact. Skip Epperiy(313-2253) cc: CountyAdministrator County Counsel Black-hawk G'HAD c/o William R.Gray and Co. Blackhawk HOA Siteworks Construction,i:nc. SUBJECT. RATIFY DECISION OF THE GENERAL MANAGER, BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT(GRAD), TO ISSUE CONTRACT CHANGE ORDERS TO SITEWORKS CONSTRUCTION'INC. IN CONJUCTION WITH THE REPAIR OF A LANDSLIDE, 3100 FOX CREEK COURT, DANVILLE. DATE: MAY 25, 1999 PAGE: -2- This landslide occurred within the boundaries of the Blackhawk CHAD. The project was included in the GHAD's adopted FY 98/99 budget with an estimated cost to repair between$40,000 to $45,000. A License Agreement providing the CHAD with appropriate indemnification's as well as rights to enter upon private property and repair the landslide was executed by the homeowner(Steven Christiansen)on October 21, 1998. Following the procedure's outlined in Board Resolutions 86/370 and 98/329, William R. Gray and Company, as General Manager of the Blackhawk CHAD issued a Purchase Authorization on January 7, 1999, in the amount of$42,500.00 to Siteworks Construction,Lafayette,California for repair of the landslide. The Purchase Authorization called for the installation of a steel and timber retaining wall. Subsequent review by GRAD staff and consultants during construction revealed additional damage that was not apparent at the time the original Purchase Authorization was issued. Three Contract Change Orders were issued at a cumulative cost of$10,565.99. Because the total cost of the project is now in excess of$50,000, the General Manager has asked that the Board of Directors ratify his decision to issue the Change Orders and to proceed to complete the project. Sufficient funds are available within the Blackhawk GHAD's approved FY 98/99 Budget. Consequences of Negative Action: The repair of the landslide could not have been completed and the GHAD would have had to terminate the contract with Siteworks Construction. The GRAD would have incurred substantial additional costs when it proceeded to complete the project. :kw G:\GrpData\SpDist\Board Orders\MAY\1999\ Authorize CCO's a Fox Creek.doc Col 6 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GHAD I FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: MAY 25, 1999 SUBJECT: RATIFY DECISION OF THE GENERAL MANAGER,BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT(CHAD), TO ISSUE A SUPPLEMENTAL PURCHASE APPROVAL TO DOVER CONSTRUCTION INC. FOR THE REPAIR OF A LANDSLIDE 38 ROSEWOOD COURT,DANVILLE, CALIFORNIA. (WO# 5147) SPECIFIC REQUEST(S)OR RECOTMATION(S)&BACKGROuND AND JUSTIFICATION I. Recommended Action: RATIFY decision of William R. Gray and Company, as General Manager of the Blackhawk Geologic Hazard Abatement District (CHAD), to issue a supplemental purchase approval to Dover Construction, Livermore, California in conrtunction with the repair of a landslide at 38 Rosewood Court,Danville,California. H Financial Imiga : No impact on the County General Fund.The Blackhawk CHAD is funded through revenues generated by County Service Area M-23. The proposed supplemental purchase approval is consistent with the adopted FY 98/99 program budget. III. Reasons for Recommendation and Background: During the winter of 1998,a landslide damaged the property at 38 Rosewood Court,Danville California. Continued on Attachment:X SIGNATURE. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER ACTION OF BOARD ON May 25, 1999 APPROVED AS RECOMMENDED x OTHER I hereby certify that this is a true and correct copy of an VOTE OF SUPERVISORS action taken and entered on the minutes of the Board of x UNANIMOUS(ABSENT Supervisors on the date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: May 25, 1.999 PHIL BATCHELOR, Clerk of the Board of Supervisors and SF:kw g:\Grpdat&\Spdist\BoardOrderiNCanyor,LakeaGIMMAwardCuntract.doe County Administrator Oriji,Div Public Wcn ka(Spacial Districts} Contact Skip Epperly(313-2253) County Admini tram Cour,VCaunsei' Byam � A.4U-, Deputy Blackhawk OHAD do William R.Gray and Co. Blackhawk HOA Siteworks Construction,Inc, SIT ,AACT: RATIFY DECISION OF THE GENERAL MANAGER, BLACKHAWK.GEOLOGIC HAZARD ABATEMENT DISTRICT(GHAD), TO ISSUE A SUPPLEMENTAL PURCHASE APPROVAL TO DOVER CONSTRUCTION- INC. IINTCONJUCTION WITH THE REPAIR OF A LANDSLIDE, 38 ROSEWOOD COURT, DANVILLE. DATE: MAY 25, 1999 PAGE: -2- This landslide occurred within the boundaries of the Blackhawk GHAD. The project was included in the GHAD's adopted FY 98/99 budget with an estimated cost to repair of$45,000. A License Agreement providing the GHAD with appropriate indemnification's as well as rights to enter upon private property and repair the landslide was executed by the homeowners(Sateesh and Shailaja Apte)on October 21, 1998. Following the procedure's outlined in Board Resolutions 86/370 and 98/329,William R. Gray and Company, as General Manager of the Blackhawk GHAD issued a Purchase Approval on January 4, 1999, in the amount of$45,000.00 to Dover Construction,Livermore,California for repair of the landslide. The Purchase Approval called for the removal of slide debris and repair of the slope. Subsequent review by GHAD staff and its consultant,Engeo,Inc.,during construction revealed additional work that was not apparent at the time the original Purchase Approval was issued.As a result,the scope of work has increased significantly. A Supplemental Purchase Approval was issued for$44,670.00. Because the total cost of the project is now in excess of$50,000,the General Manager has asked that the Board of Directors ratify his decision to issue the Purchase Approval and to proceed to complete the project. Sufficient funds are available within the Blackhawk GHAD's approved FY 98/99 Budget. Consgquences of Negative Action: The repair of the landslide could not have been completed and the GHAD would have had to terminate the contract with Siteworks Construction. The GHAD would have incurred substantial additional costs when it proceeded to complete the project. Cy:\GrpData\SpDist\Board Orders\N4AY\1999\ Authorize Supp PA-38 Rosewood Ctl.doc TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GHS jo FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: MAY 25, 1999 SUBJECT: RATIFY DECISION OF GENERAL MANAGER OF THE BLACKHAWK GRAD TO EXECUTE AMENDED LICENSE AGREEMENT IN CONJUNCTION WITH THE REPAIR OF THE CHESTNUT PLACE LANDSLIDE, DANVILLE, CALIFORNIA. (WO 4 5147) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATTON I. Recommended Action: RATIFY the decision of William R. Gray and Company,as General Manager of the Blackhawk Geologic Hazard Abatement District(CHAD),to EXECUTE an amendment to an existing License Agreement for Landslide Repair with William and Barbara Goza, in conjunction with the GHAD's repair of the Chestnut Place landslide, Danville,California. 11 Financial Impac#: No impact on the County General Fund. The Blackhawk GRAD is funded through revenues generated by County Service Area M-23. The increased expense reimbursements authorized by the amendments are consistent with the adopted FY 98199-program budget. Continued on Attachment:X SIGNATURE: 4 ®RECOMMENDATION OF COUNTY ADMINISTRATOR , _RECOMMENDATION OF BOARD COMMITTEE { APPROVE OTHER ACTION OF BOARD ON May 25, 1999 APPROVED AS RECOMMENDED x OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of VOTE OF SUPERVISORS Supervisors on the date shown. x UNANIMOUS(ABSENT ) AYES: NOES: ATTESTED: ABSENT: ABATTESTED: icy 25, 1999 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Adrninis for 3 SE:kw \\PWSt\SHARDATA\Grp-Data\SpDiat\)3oard Orders\r/AY11999\ Authorize Revised License Agmt-Goza.doc By CIDeputy orifi.Dave Public Works(Special Districts) Contact: Skip Epperly(313-2253) cc: County Administrator County Counsel Blackhawk GRAD c/o William R.Gray and Co. Wiliam&Barbara Goza SUBJECT: RATIFY DECISION OF GENERAL MANAGER.OF THE BLACKHAWK CHAD TO EXECUTE AMENDMENT TO EXISTING LICENSE AGREEMENT IN CONJUNCTION WITH THE REPAIR OF THE CHESTNUT PLACE LANDSLIDE, DANSVILLE, CALIFORNIA. DA'Z'E: MAY 25, 1999 PAGE: -2- III. Reasons for Recommendation and Background: During the winter of 1998, a landslide occurred in the rear of two homes on Chestnut Place in Blackhawk, Danville, California. The landslide impacted a common area,a storm drain line and the rear yards of the homes at 49 and 53 Chestnut Place. The landslide occurred within the boundaries of the Blackhawk GIIAD. The repair of the landslide is substantially complete. License Agreements were executed on October 12, 1998 with the two homeowners(Gaza and Watson)and provided the GHAD with the necessary rights and indemnification to proceed with the repair. The Agreements also provided for the CHAD to partially reimburse the homeowners the cost of repairing and/or replacing landscaping and other improvements damaged by the landslide. Additional damage was uncovered during the repair. As a result, William R.Gray and Company, as General Manager of the Blackhawk GHAD, developed an amendment to the License Agreement to increase the allowance to the Gaza's for the repair and/or replacement of landscaping that was damaged by the landslide. The proposed Amendment to the Goza's License agreement increases the allowance by$7,200.00 from $24,940.50 to$32,140.50. As with the prior agreement,payment of the allowance is subject to actual repair of damage and/or completion of improvements and submittal of invoices to the CHAD. IV. Consequences of Negative Action: Without the rights provided by the three License Agreements,the GHAD would not have been able to award a contract for the repair and the Chestnut Place Landslide could not have been repaired. TO: BOARD OF SUPERVISORS AS THE BOARD OV DIRECTORS, BLACKHA.WK Ci'IIAD li'iitOM: J. -MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: MAY 25, 1999 SUBJECT: RATIFY DECISION OF GE NERAL MAN'A.GER OF "TBE BLACKHA,WK GHAD TO APPROVE CHANCE ORDERS TO THE CONTRACT FOR 11TE REPAIR OF CHESTNUT PLACE LANDSLIDE, DANVILL.E, CALIFORNIA. (WO SPECIFIC REQUES i(S)OR RECOMMENDATION(S)&.BACKGROUND ANIS 3US'TIFICATION 1. Recommended Action: RATIFY the decision of William R. Gray and Company, as General Nlanagcr of the Biacidnawk Gcologic Hazard Abatement District(CHAD),to approve three contract change orders in the total amount of$77,067.00 for Siteworks Construction regarding the Chestnut Place landslide project, DIRECT the County Auditor-Controller to make prompt payment for all outstanding invoices for the contract and change order work. TI Financial Impact: do impact on the County General Fund The$laclrhavvk GHAD is forded through.revenues generated by County Scrvicc.Area M-23. Sufficient funds for this work are available in the adopted FY 98/99 budget. 111. Reasons for&cornmendation an d Bagkg;round: During the winter of 1998,a Iandslidw occurred in the rear or two homes on Chestnut Place in Blackhawk, Danville,Califoin3iu. The landslide impactcd a common area,a storm dr ate a ra,",ardsoftic homes at d ntinued RECOMNIENDATXON OF COUNTY ADMINISTRATOR RECOMYANDATXON OF BOARD COMMITTEE APPROVE _._,OTMR .rrrt+r.rrr. M_ ACTION OF BOARD ON M' Y 25, 1999 APPROVED AS RECONI MENDED x OTHER VUIT OF S U PFP,VIS ORS x UNAiv`I11 OUS(ASSENT ) AYES: NOES: ABSENT: ABSTAIN: SE:es 1 amp,spolensonr��7mtz>co:yrmLnka9GF V.wansCananCLdx heroby Certify that this is a true and correct Ot`jx.a;tv: Puhiit Wasia{rpeva:E'+uftie;4 cow of an action taker? and entered on the C-L-Ir gkpRpp64rass22s3) M.inlutc-s of the Board of Supervisors on the cc: G:atan:y AduatV9=01 date shown, 6!AakhxW19GNAM rJmwAIuM L c vcraco, ATTESTED: A s�wark:can;ttuttiott,enc. I�'r?IL SAT , "ierk of the Board 0 �, pervi o s and C :ty Adrninistrator By Deputy, SUBJECT- RATIFY:DECISIOI�T OF GENERAL MANAGER TO APPROVE Ct NTRACT CHANGE ORDERS TO CONTRACT FOR REPAIR OF CHESTNUT PLACE LANDSLIDE, DANVILLE, C,A.Li`FORN`IA. DATE: MAY 25, 1999 PAGE: -2- 49 and 53 Chestnut Place. The Blackhawk Homeowners Association(HOA)maintains the common arca and the storm drain lime. Th:landslide occurred within U�c boundaries of the Blackhawk GHA13. On September 21, 1998,the Blackhawk CHAD advertised for bias for the repair of'the Chestnut Place Landslide. Pursuant to the previsions of Board Resolution 98/329,four pre-qualified contractors were invited to submit bids. Bids were received and opened in the office of the General Manager on Thursday,October 8, 1998. The lower of tho two bids received was from Sitcwoiks Construction,Inc.,Lafayette,California in the arnount of$247,915.00. Because of the emergency nature of the project and the need to proceed with the repair before the winter rains,the General Manager awarded the contract to Siteworks Construction,Inc. on October 13, 1998, Pursuant to the requirements of Resolution 98/329,on October 27, 1999,the Board of Directors ratified the decision of the General Manager to award the contract,on an emergency basis,to Siteworks Construction. Subsequent to award of the contract,the General Manager issued a total of three Contract Change Orders, increasing the contract payment limit by$77,067.00 to a total of$324,981.68. The Change Orders were required to compensate Siteworks Construction for work related to the installation of additional concrete lined stccl caissons,unanticipated earthwork, imported borrow and additional drainage, All of the extra work was performed at the rtcomrrmndationn ofEnrgco,Tnc.,the GI-LkD's geotechnical engineering consultant. Consequences of:tiegativeASho: The change orders;have been issued and the work completed. Board action is necessary to ratify the General Manager's decision to issue the Change Orders and complete dais emergency project.