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HomeMy WebLinkAboutMINUTES - 05232000 - C11-C15 Recorded t the request of: IIII III III III��II��'�I II�II I I��II'I IIII III fIl�I Contra Costa County I I Engineering Public Works Dvices ent CONTRA COSTA Cc Recorder Office Engineering Services Division Return to: STEPHEN L. WEIR Clerk-Recorder Public Works D EngineeringServices Division DOC— 2000-0108730-00 F, MAY 26, 2000 08:18:21 FRE $0.00 TtI Pd $0.00 Nbr-0000001432 Ire/R9/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 23, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISORS GERBER ABSTAIN: NONE RESOLUTION NO.: 2000/268 SUBJECT: Accept completion of Improvements of MS 13-97,Alamo area. The Public Works Director has notified this Board that the improvements in Subdivision MS 13-97 have been completed as provided in the Subdivision Agreement with Michael E. and Carrie A. Jeha, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 23, 2000 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANWSURETY August 4, 1998 Financial Pacific Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $17,850.00, Bond No. 5303367 issued by the above surety be RETAINED for the six month lien guarantee period until November 23,2000,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. RESOLUTION NO. : 2000/268 Recording Requested By: ����III III i III II��IIII III III III III I IN 111111111 Contra Costa County Public Works Dept. Construction Division CONTRA COSTA Cc Recorder Office 255 Glacier Drive STEPHEN L, UEIR Clerk-Recorder Martinez, CA 94553 DOC— 2000--010$,729-00 Return to: F, MAY 25, 2000 08:18:03 FRE $0.00 WHEN RECORDED, RETURN TO CLERK TtI Pd $0.00 Nbr-eeeese1428 BOARD OF SUPERVISORS Ire/RV/1-1 AS GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract for ) and NOTICE OF COMPLETION Grayson Creek Bypass - Phase 1 ) (C.C. § 3086, 3093) Project No.7520-68850899 ) RESOLUTION NO. 2000/ 269 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES that: The Flood Control District on May 19, 1999 contracted with Hess Concrete Construction Company, Inc., for constructing a drainage pipe, outfall structure, manholes, and bulkheads, with Reliance Insurance Company as surety, for work to be performed on the grounds of the County; and The Chief Engineer reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of September 17, 1999. Therefore, said work is ACCENTED as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. PASSED BY THE BOARD on May 23, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER CERTIFICATION AND VERIFICATION I 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. Contact: Mike Carlson (525)313-2321 Orig. Dept.:Pubiic works(Const.) cc: Record and Return ATTESTED: MAY 23, 200 Auditor PHIL BATCHELOR, Clerk of the Board of Supervisors and Public works- Accounting County Administrator Construction, R.Bruno - Env.,C. Sellgren Traffic,S. Kersevan By ,_ , Deputy Contractor RB:kj G:1GrpdatalConat1Bfl12000105-May123-gcbpl•aceapt.doc RESOLUTION NO. 2000/26 TO: BOARD OF SUPERVISORS ell FRONT. MAURICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: MAY 23, 2000 SUBJECT: AUTHORIZE GENERAL MANAGER TO EXECUTE AMENDMENT TO PROFESSIONAL SERVICE CONTRACT BETWEEN THE CANYON LADES CHAD AND ENGEO, INC., EXTENDING EFFECTIVE DATE OF CONTRACT FROM JUNE 30, 2000 TO JUNE 30, 2001, DANVILLE AREA. (WO 5148) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE William R. Gray and Company, as General Manager of the Canyon Lakes Geologic Hazard Abatement District (GHAD), to execute an amendment to the professional service contract with Engeo, Inc. for geological and geotechnical services for the Canyon Lakes GHAD extending the contract effective date from June 30, 2000 to June 30, 2001. Continued on Attachment:X SIGNATURE: ,.- !'►' _RECOMMENDATION OF COUNTY ADMINISTRAXeOR ®RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MAY 23 a 2000 APPROVED AS RECOMMENDED--OTHER I hereby certify that this is a true and correct copy of an action taken and VOTJ OF SUPERVISORS entered on the minutes of the Board of Supervisors on the date shown. UNANIMOUS{ABSENT III ) MAY 23 2000 AYES: NOES: ATTESTED: ABSENT: ABSTAIN: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator SE:df G:\GrpDsWSpDist%Board Orders\200015 May1B.G.5-23-00.doc Oris.Div: Public Works(Special Districts) Contact: skip Epperly(313-2253) By Deputy cc: County Administrator Lor Assessor Auditor-Controller Community Development County Counsel W SUBJhCT: AUTHORIZE GENERAL, MANAGER TO EXECUTE AMENDMENT TO PROFESSIONAL SERVICE CONTRACT BETWEEN THE CANYON LAKES CHAD AND ENGEO, INC., EXTENDING EFFECTIVE DATE OF CONTRACT FROM JUNE 30, 2000 TO JUNE 30, 2001, DANVILLE AREA. (WO 5148) DATE: MAY 23, 2000 PAGE 2 II. Financial Impact: There will not be any impact on the County General Fund. The Canyon Lakes GHAD is funded through special assessments on properties within the boundaries of the Canyon Lakes GHAD. The proposed contract amendment is consistent with the proposed FY 00/01 program budget. IIL Reasons for recommendation and Background: Engeo,Inc.,2401 Crow Canyon Road, San Ramon,California has been providing professional engineering services to the Canyon Lakes GHAD since the GHAD's inception in 1986. Engeo has extensive experience in responding to and assisting the GHAD with the repair of landslides and landslide related work in Canyon Lakes and the surrounding area. William R. Gray and Company negotiated and approved professional services contracts between the Canyon Lakes GHAD and Engeo for Fiscal Years 1998-99 and 1999-2000 and their performance was acceptable each year. William R.Gray and Company recommends approval of the extension of the contract expiration date to June 30,2001. The balance remaining in the original payment limit has not been exceeded and will be sufficient to fund this contract extension. IV. Consequences of Negative Action: Without Board approval,reimbursements for costs incurred to coordinate repair of the landslides will not occur. A negative action will jeopardize the safety of those citizens whose residences are in the path of these landslides. I AMENDMENT TO CONTRACT This Contract amendment is effective May 23, 2000,between.the Canyon Lakes Geologic Hazard Abatement District(Public Agency), an agency formed under Section 26500 of the Public Resource Code and Engeo,Inc. (Contractor),a company doing business at 2401 Crow Canyon Road,Suite 200, San Ramon, CA 94583. WHEREAS,Public Agency and Contractor previously Entered into a contract dated July 1, 1999,which Contract was authorized by the General Manager; THEREFORE,Public Agency and Contractor mutually agree to amend said contract to extend the contract expiration date from June 30,2000 to June 30,2001. In all other respects,the contract dated July 1, 1999 shall remain in full force and effect. In WTI'NESS'WHEREOF,Public Agency and Contractor have executed this Contract as of date written,on the first paragraph of this Contract. PUBLIC AGENCY By: William K ("'nay and Company General Manager CONTRACTOR By: (Signature) Printed name and title of signatory rADATA\GRAD files\Canyon Lakes\Contracts\AMEMMENT to Engeo contract 00.01,doc (Paso 103 1) 1 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: MAY 23, 2000 SUBJECT: AUTHORIZE GENERAL MANAGER TO EXECUTE AMENDMENT TO PROFESSIONAL SERVICE CONTRACT BETWEEN THE BLACKHAWK GHAD AND ENGEO, INC., EXTENDING EFFECTIVE DATE OF CONTRACT FROM JUNE 30, 2000 TO JUNE 30, 2001,DANVILLE AREA. (WO 5147) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE William R. Gray and Company, as General Manager of the Blackhawk Geologic Hazard Abatement District(CHAD),to execute an amendment to the professional service contract with Engeo,Inc. for geological and geotechnical services for the Blackhawk GHAD extending the contract effective date from June 30,2000 to June 30,2001. i Continued on Attachment: SIGNATURE:t`' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MAY 23? 2000 APPROVED AS RECOMMENDED X OTHER I hereby certify that this is a true and correct copy of an action taken and VOE OF SUPERVISORS entered on the minutes of the Board of Supervisors on the date shown. UNANIMOUS(ABSENT IIIY 23 2 AYES: NOES: ATTESTED: s 000 ABSENT: ABSTAIN: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator SE:df G:1GrpData\SpDistlBoard Orders1200015 May\E.O.5-23-OO.doc Orig.Div: Public Works(Special Districts) Contact: Skip Epperly(313-2253) By ,Deputy cc: County Administrator Assessor Auditor-Controller Community Development County Counsel S 13JECT: AUTHORIZE GENERAL MANAGER TO EXECUTE AMENDMENT TO PROFESSIONAL SERVICE CONTRACT BETWEEN THE BLACKHAWK GHAD AND ENGEO, INC., EXTENDING EFFECTIVE DATE OF CONTRACT FROM JUNE 30, 2000 TO JUNE 30, 2001, DANVILLE AREA. (WO 5147) DATE: MAY 23, 2000 PAGE 2 II. Financial Impact: There will not be any impact on the County General Fund. The Blackhawk GHAD is funded through revenues generated by County Service Area M-23.The proposed contract amendment is consistent with the proposed FY 00101 program budget. III. Reasons for Recommendation and Background: Engeo,Inc.,2401 Crow Canyon Road, San Ramon, California has been providing professional engineering services to the Blackhawk GHAD since the GHAD's inception in 1986. Engeo has extensive experience in responding to and assisting the GHAD with the repair of landslides and landslide related work in Blackhawk and the surrounding area. William R. Gray and Company negotiated and approved a professional services contract between the Blackhawk GHAD and Engeo for the Fiscal Years of 1998-99 and 1999-2000 and their performance was acceptable each year. William R. Gray and Company recommends approval of the extension of the contract expiration date to June 30, 2001. The balance in the original payment limit has not been exceeded and will be sufficient to fund this extension. IV. Consequences of Negative Action: Without Board approval,reimbursements for costs incurred to coordinate repair of the landslides will not occur. A negative action will jeopardize the safety of those citizens whose residences are in the path of these landslides. AMENDMENT TO CONTRACT This Contract amendment is effective May 23, 2000, between the Blackhawk Geologic Hazard Abatement District(Public Agency), an agency formed under Section 26500 of the Public Resource Code and Engeo,Inc. (Contractor), a company doing business at 2401 Craw Canyon Road, Suite 200, San Ramon, CA 94583. WHEREAS,Public Agency and Contractor previously entered into a contract dated July 1, 1999,which Contract was authorized by the General.Manager; THEREFORE,Public Agency and Contractor mutually agree to amend said contract to extend the contract expiration date from.June 30,20003 to June 30,2001. In all other respects,the contract dated July 1, 1999 shall remain in full force and effect. Jm WITNESS WHEREOF,Public Agency and Contractor have executed this Contract as of date written on the first paragraph of this Contract. PUBLIC AGENCY By: William K Cray and.Company General Manager CONTRACTOR By: (Signature) Printers name and title of signatory FADAWG1°AM fU4x\Blackhawk\Con racts\AMENDMENT to Engeo contmet 00-01.doc (page 1 of 1) TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: MAY 23, 2000 SUBJECT: AUTHORIZE GENERAL MANAGER TO EXECUTE PROFESSIONAL SERVICE CONTRACT BETWEEN THE BLACKHAWK CHAD AND SANDS CONSTRUCTION IN THE AMOUNT OF $100,000 EFFECTIVE JULY 1, 2000 THROUGH JUNE 30, 2001, DANVILLE AREA. (WO 5147) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE William R. Gray and Company, as General Manager of the Blackhawk Geologic Hazard Abatement District (GRAD) to execute a professional service contract for $100,000.00 with Sands Construction, Lafayette, California, effective on July 1, 2000 to provide Construction and Maintenance Superintendent services to the District. Continued on Attachment:X SIGNATURE: r 1 V f _RECOMMENDATION OF COUNTY ADMINISTRATOR ®RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and VOTE OF SUPERVISORS entered on the minutes of the Board of Supervisors on the date shown. �® UNANIMOUS(ABSENT III ) � 2 �� AYES: NOES: ATTESTED: ABSENT: ABSTAIN: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator SE:dc G:\GrpData\SpDist\Bonrd Ordm\2000\5 May\B.O.5-23-OO.doc Orifi.Div: Public Works(Special Dismicts) Contact: Skip Bpperly(313-2253) cc: County Administrator By Deputy Assessor Auditor-Controller County Counsel Canyon Lakes GRAD,1 Bill Gray,1820 Bonanza St.8204,W.C.94594 Si TBJECT: AUTHORIZE GENERAL MANAGER TO EXECUTE PROFESSIONAL SERVICE CONTRACT BETWEEN THE BLACKHAWK CHAD AND SANDS CONSTRUCTION IN THE AMOUNT OF $100,000 EFFECTIVE JULY 1, 2000 THROUGH JUNE 30, 2001,DANVILLE AREA. (WO # 5147) DATE: MAY 23, 2000 PAGE 2 II. Financial Impact: There will not be any impact on the County General Fund. The Blackhawk GHAD is funded through revenues generated by County Service Area M-23.The proposed contract is consistent with the proposed FY 00/01 program budget. III. Reasons for Recommendation and Background: Mike Sands,President of Sands Construction,has been serving as the Construction and Maintenance Superintendent for the Blackhawk GHAD for approximately seven years. Mr. Sands has extensive experience in responding to and assisting the GHAD with the repair of landslides and landslide related work in Blackhawk and the surrounding area. William R. Gray and Company negotiated and approved a professional services contract between the Blackhawk CHAD and Sands Construction for Fiscal Year 1999-00 and his performance was acceptable. William R. Gray and Company again recommends approval of Sands Construction's annual contract with the Blackhawk CHAD. IV. Consequences of Negative Action: Without Board approval,reimbursements for costs incurred to coordinate repair of the landslides will not occur. A negative action will jeopardize the safety of those citizens whose residences are in the path of these landslides. 1.92ggial Conditions. These Special Conditions are Incorporated below by reference. (a) Public Agency. IMS493M 92cillooic Haza (b) Consultant's Name S Address: Saagg Q=ction Cgmoanv,aro.-a alifomia Q=mlion (2251 SLrL-1 347 (c) Project Name,Number 6 Location:Construction and f hilansnce Superintendent Duties,Danvitle,California (d) Effective Date: July 1,2000 (a) Payment Urrift(s):$100,000.00 (t) Completion Dote(s):June 30,2001 (g) Federal Taxpayer's i.D,: 546-15-8681 2. filanA14M. These signatures attest the parties'agreement hereto: PUBLIC 699ROY CONSULT T By:William k Cray and Company General Manager By: (Designate official capacity in the business Type of Business: (sole proprietorship,government agency,partnership,corporation,etc.) If Corporation,State of incorporation: By: By: (Designate official capacity in the business) Na a Ig Consuito For corporations,the contract must be signed by two officers, The first signature must be that of the chairman ofthe board,president or vice-president;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer,(Civ.Code,Sec.1190 and Corps.Code.Sec.311) The acknowledgment below must be signed by a Notary Pubic. CERTIFICATE OP A KNOrZEDGMENT State of California } } ss, County of 1 On the date written below,before me, personally appeared personally mown to me(or proved to me on the basis of satisfactory evidence)to be the persons)whose name(s)Were subscribed to the within instrument and acknowledged to me that hehrhelthey executed the some in hislherltheir authorized ospecity(ies),and that by hislhertereir signature(s)on the instrument Me person(s),or the entity upon behalf of which the persons)acted,executed the instrument. WITNESS my hand and official seal. Dated: Notary Public (Notarys Seal) 3, Eartigm Effective on the above dots,the above-named Public Agency and Consultant mutually agree and promise as follows: 4, j:imolovment.Public Agency hereby employs Consultant,and Consultant accepts such employment,to perform the professional services described herein,upon the terms and in consideration of the payments stated herein. S. Sccaa gf Osmics. Scope of service shell be as described in Appendix A,attached hereto and made a part hereof by this reference. 6. Reand IWO$=Itctrcr, Any document orwdftn report prepared hereunder by Consultant,or a subcontractor,for Public Ai;;oncyshall contain, in a separate section,the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such document orwetten report,provided that the payment limit specified In Seo.t(a)exceeds$5,000. Wham multiple documents or writers reports are the subject or products of this agreement,the disclosure section mayalso contain a statement indicating that the total contract amount represents compensation for multiple documerds or written reports. 7, l.0d , Consultant shall,at no cost to Public Agency,obtain and maintain during the term hereof:(a)Workers'Compensation Insurance pursuant to state law:(b)Comprehensive General Uabll)ly Insutance,Including blanket oontractusl(or contractual itabilk))coverage,broad form property damage coverage,and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of S 1,000,000(oral( damages due to bodily injury,sickness ordisesse,ordeath to any person,and damage to property,including the loss of use thereof,arising out of each accident or occurrence,and naming Blockhawk CHAD,William R,Cray and Company,their boards,officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of Insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,canceitation or material change in coverage. 8. Pavrnitaj. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto,which Include all overhead and incidental expenses,for which no additional compensation shall be allowed, Notwithstanding the foregoing,those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a detailed mileage log to Public Agency, In no event shall the total amount paid to Consultant exceed the payment timit(s}specified in Sec.I(e)without priorwrltten approval of the Public Agency.Consultorri's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list,for each item of services,the employee categories,hours and rates.Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 91 Status The Consultant is an independent contractor,and shall not be considered an employee of Public Agency. 10. 11ma for Cornoleton. Unless the time is o4srided in writing by Public Agency,Consultant stall complete all services covered by this Agreement no tater than the Completion Dates)distad above. 11. R'fd'e' M R ten n and auditing. Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the perfornancs of this Agreement,including financial records,for a period of at least five years after Consuitsmt's receipt of the final payment under this Agreement Upon request by Public Agency,at no additional charge,Consultant shall promptly nuke such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costs County designated by Public Agency,and without restriction or limitation on their use. 12. Documamtlljg .Consultant shallproperaanddelivertoPublicAgencyatnoadditionalcharge,theitemadescribedinAppendixAtodocumentthe performance of this Agreement and shad furnish to Public Agency such information as Is necessary to enable Public Agency ro monitor the 13, Ownership of Dgamen1h. Ail materials and records of a finished nature,such as final plans,specifications,reports,and maps,prepared or ` obtained in the performance of this Agreement,sharp be delivered to and become the property of Public Agency. All materials of a preliminary nage, such as survey notes,sketches. preliminary plane, computations and other dais,prepared or obtained in to performance of this Agreement,shall be made available,upon request,to Public Agency at no additional charge and without restriction or iirritation on their use. 14. E r , Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or charges listed in Appendix 8. In the event that no rate or charge is listed for a particular type of extra work,Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work in no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. i5. T!ttt?lt tt�a ion by Public Aoenc+i. At its option,Public Agency shall have the right to terminate this Agreement at any tiros by written notice to Consultant,whether or not Consultant is then in default Upon such termination,Consultant shall,without delay,deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall be paid,without duplication,all amounts due for the services rendered up to the data of termination. is, Ab31nd2DMentbvQ2nsM11arit. to the event the Consultant ceases performing services undarthis Agreement orotharwise abandons the project prior to completing all of the services described in this Agreement,Consultant shall,without delay,deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall be paid in accordance with provisions of Appendix 8 up through the date of said termination. 17. Breach. In the evern that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement,Public Agency shall have the right to pursue all remedies provided bylaw or equity. Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this Agreement or relating to the work"ii be brought in Contra Costa County,and Consultant hereby waives the removal provisions of Code of Civil Procedure Section W. 1$. Comnlian{o with taws. in performing this Agreement,Consultant shall comply with all applicable tavios,statutes,ordinances,rules and regulations, whether federal,state or local in origin.This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code,Section 1775. 19. AsslgrtMg i This Agreement shall not be assignable or transferable in whole or in part by Consultant,wihethervoluntarily,by operation of law or otherwise;provided,however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement Any other purported assignment,transfer or sub-contnacyting shall be void. 20. JUW;gDkLg1jaL All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each subconsuitant In accordance with the requirements of Civil Code Section 3321 as applicable. 21. indorsement on Plans, Consultant shall endorse all plans,specifications,estimates,reports and other items described in Appendix A prior to delivering them to Public Agency,and where appropriate,Indicate his/her registration number. 22. altao nand Coovriahts The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement Public Agency reserves a license to use such materials and records without restriction or limitation,and Public Agency shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or otherwise. 23. Indemn'iga#ion.To the extent that a claim or lawsuit Is not covered by the insurance required under Section 7,Public Agency shall indemnify and hold Consultant harmless against expanses,including reasonable attorneys fees,judgments,fines,setflements,and other amounts actually and reasonably incurred in connection with any proceeding arising by reason of Consultant's performance of services hereunder,exceptforexpenses Incurred by Public Agency and/or William R.Bray and Company,their boards,officers and employees resulting from Consultants gross negligence or willful misconduct. Should Consuttent become aware of a claim or lawsuit that may be subject to this section,Consultant shall notify Public Agency and William R.{dray and Company promptly in writing,and Public Agency shall have the right to conduct the defense of such claim or lawsuit. 24. HAtim.Succmors and Assigns. Except as provided otherwise In Section 20 above,this Agreement shall inure to the benefit of and bind the heirs, successors,executors,personal representatives and assigns of the parties, 23. PubligEpdo-meMlints. Contractor shall not in Its capacity"a contractor with Public Agency publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. In its Public Agency Contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particuler brand name or commercial product in the absence of a well- established;and widely-accepted srieniffic basis for such claims or without the priorapprovel of the Public Agency's governing board. in its Public Agency contractor capacity, Contractor shat[not participate or appear in any commerdal€y-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 reasons bly be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Contractor may express its via"on products to other contractors,the Public;Agency's governing board,its officers,or others who may be authorized by the Public Agency's governing board or by law to receive such views. 26. Proieet Pam;innel. In performing the services under this Agreement,Consultant shall use the personnel listed in Appendix C,attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days in advance of any proposed change.Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person being replaced. 27. Payment Reylaw. Public Agency's payment for the services performed by Consultant under this Agreement shall be subject to review, determination of,satisfaction,and approval of the Contra Costs County Pubic Works Department,pursuant to Section 1 of the Joint Exercise of Powers Agreement dated.lune 24,1086 between Public Agency and the County of Contra Costa, 28. {ib. mittal of Cggg al for Seav€oes. Contractor shall submit for consideration a proposal to renew annual contract no later than May 15,2000 to the ofl;oes of tete PBlackhawk GHAtJ,located at 11320 Bonanza Street,Suite 204,Walnut Creek,California 84596. Submittal shall be in written form and delivered via U.S.meil. Attachments.Appendix A,Appendix 9,Appendix C Form approved by County Counsel(5098) Modified 6124M ..... . ... .......... ..................... Blackhawk Geologic Hazard Abatement District(GHAD) Sands Construction Professional Services Contract Appendix"A► Scope of'Work Job Description: Cinder the general direction of the General Manager, the Construction and Maintenance Superintendent coordinates,and supervises the activities of District staff,consultants and/or contractors performing the District's preventative maintenance and major construction programs. Typical Duties. Under direction of the General Manager, the Construction and Maintenance Superintendent's duties include,but are not necessarily limited to,the following. ► Establish priorities, forecast and establish work schedules, insure work activities are accomplished within established bine frames; ► Assist with the preparation of Requests for Proposals (RFP), reviewing experience of potential contractors,preparing and negotiating contracts,administer contracts,issue change orders,manage claims; ► Assign and direct contractor(s) retained by the District to repair landslides; supervise contractors retained to perform preventative maintenance activities;give instruction in proper work procedures, resolve work problems and determine the best approach to accomplish work objectives; ► Determine the need for materials, supplies and equipment, and prepare requisitions and requests;prepare cost estimates for labor,equipment and material to accomplish construction and/or maintenance tasks; ► Coordinate the work of contractors for the best utilization of manpower, materials and equipment; examine work in progress and upon completion and authorize payment; ► Directly supervise projects of an unusual or particularly complex nature; ► Enforce safety regulations; ► Make recommendations on budgetary needs and other related matters; maintain labor, material and costs records;prepare written reports; ► Represent the General Manager and the District and work with and respond to public inquiries, property owner requests, interpret District policies and procedures, work with, homeowner association representatives and others regarding activities of the District; ► Assist the General Manager in determining work pnorities and preparing the annual budget and repair and maintenance programs, and Plan of Control; ► Respond to emergency calls and conduct initial site investigation. ► Perform related duties as assigned. I Blackhawk Geologic Hazard Abatement District(GHA.D) Sands Construction Professional Services Contract Appendix "B" Pee Schedule Effective July 1, 2004 Construction and Maintenance Superintendent $75.00/hr* Word Processing/Clerical*** $32.00/hr** *No vehicle mileage charges for local travel within a 20 mile radius. **Rate includes routine overhead, clerical and consumables. ***When authorized by the General Manager. Note: Eligible reimbursable expenses as authorized by the General Manager include, but are not limited to, field communication equipment(e.g.: radios, cell phone), mileage for travel beyond a 20 mile radius will be reimbursed at the TRS approved standard mileage rate, extraordinary office expenses (e.g.: computer programming, report copying, District stationary, etc.). All extraordinary costs billed at cost plus 10% (excluding mileage charge). Fees effective through June 30, 2401. '7 Blackhawk Geologic Hazard Abatement District(GRAD) Sands Construction Professional Services Contract Appendix "C"Personnel Consultant agrees to assign the following personnel: Construction and Maintenance Superintendent - Michael Sands Ward Processing/Clerical -Jonathan M. Davis Other personnel may be assigned from time to time; Consultant understands that any such appointments may be subject to the approval of the General Manager. FADATMOHAD fi#os0ackhawk\Conrmcts\Swds Contract FY 40.01 doe I