HomeMy WebLinkAboutMINUTES - 02062001 - C.13 Ty BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GHAD
4FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: FEBRUARY 6, 2001
SUBJECT: RATIFY DECISION OF THE GENERAL MANAGER, BLACKHAWK GEOLOGIC
-HAZARD ABATEMENT DISTRICT (GHAD), TO AWARD CONTRACT TO SITEWORKS
CONSTRUCTION INC. IN THE AMOUNT OF $60,038.08 FOR THE REPAIR OF A
LANDSLIDE.AT LOT 150 RED PINE, DANVILLE AREA. (WO #5147)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
RATIFY the decision of William R. Gray and Company, as General Manager of the Blackhawk Geologic
Hazard Abatement District (GRAD), to award a contract in the sum of $60,038.08 for construction of
the Lot 150, Red Pine Landslide Repair and Interceptor Ditch Replacement Project in the Danville area
to Siteworks Construction, Inc.
AUTHORIZE the General Manager to issue one or more contract change orders, as may be required
and without further Board action, up to a cumulative total of ten percent (10%) of the final contract or
$6,003.81.
II Financial Impact:
There is no impact on the County General Fund. The Blackhawk GHAD is funded through revenues
generated by County Service Area M-23.
SIGNAT RE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON February 6, 2001APPROVED 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
VOTE OF SUPERVISORS the Board of Supervisors on the date shown.
X UNANIMOUS (ABSENTNONE )
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED:FEBRUARY 6, 2001
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G:\GrpData\SpDist\Board BATCHELOR, Clerk of the Board of
G:\Grp Data\SpDist\Board Orders\2001\02 February\Award to Siteworks 2-6-01.doc
Orig.Div: Public Works(Special Districts) Supervisors and Count Administrator
Contact: Skip Epperly(313-2253) p Y
cc: County Administrator
County Counsel
Blackhawk GHAD c/o William R.Gray and Co.
1820 Bonanza St.,Ste.204,Walnut Creek,94596
Blackhawk HOA
Siteworks Construction,Inc. By , Deputy
PO Box 1324,Lafayette,CA 94549
l
SUBJECT: RATIFY DECISION OF THE GENERAL MANAGER, BLACKHAWK GEOLOGIC
HAZARD ABATEMENT DISTRICT (GHAD), TO AWARD CONTRACT TO
SITEWORKS CONSTRUCTION INC. IN THE AMOUNT OF $60,038.08 FOR THE
REPAIR OF A LANDSLIDE AT LOT 150 RED PINE, DANVILLE, AREA.
DATE: FEBRUARY 6, 2001
PAGE: -2-
III. Reasons for Recommendation and Background:
A small landslide occurred on the southwest side of the hill below 256 Red Pine Court as a result of
EI Nino rains in 1998. During the investigation of this landslide, it was determined that a concrete ditch
in the vicinity was also deficient. In order to repair both of these projects with a minimum impact to the
residents in the area, while providing the greatest cost-savings to the GRAD, it was determined that
these projects should be combined.
A License Agreement between the Blackhawk Homeowners Association and the GHAD was executed
to define responsibilities with respect to the project. Additionally, Rights of Entry were executed with
the affected homeowners, which provided the GHAD with sufficient rights to enter the affected
properties and repair-the landslide.
Access would have been limited by the spring of 2001 due to ongoing development at Lot 150 Red
Pine, and winter rains could have exasperated the project; therefore, it was necessary to complete this
project during the current construction season when weather permitted easier access to the site. The
General Manager declared this project to be of emergency status and awarded a contract to Siteworks
Construction, Inc. Work on this project began during the week of December 17, 2000 and should take
approximately six weeks to complete.
Since the contract has already been awarded to Siteworks Construction, Inc., it is the request of the
General Manager of the Blackhawk GHAD that the Board of Directors ratify his decision to award this
contract and authorize payment for all expenses incurred during this landslide repair. In addition, the
General Manager is recommending that he be authorized to issue contract change orders up to 10%
of the proposed contract, as may be required, without further action by the Board.
Consequences of Negative Action:
The landslide could not be repaired this construction season and the GHAD would be required to
terminate the contract with Siteworks Construction, Inc.
CONTRACT
(Blackhawk Geologic I3azurd Abatement District Standard Form Construction Agreement)
1. 5.P:CLAL Timms. These special terms are incorporated below by reference.
parties: Public Agency—Blackhawk Geologic Hazard Abatement District
Contractor— Sitcworks Construction,Inc.
P.O.Bax 1324
Lafayette,CA 94549
Effective Date: December 11,2000
Project Name,Number and Location: Lot 150 Red Pine Landslide Repair and Interceptor Ditch Replacement Project
Completion Time: 20 working days
Public Agency's Agent: William R Gray and Company,Inc.
Contract Price:$60,038.08
Liquidated Damages:5250.00 per calendar day.
Federal Taxpayer's I.D.No. 68-0235377
2. SlGN.4'I'IJI:ES 8t ACKNOWI_F_DC:MENT.
Public Agency:
By William R.Gray and Company
General Manager
Contractor, hereby also Itifying awareness of and compliance with Labor Code Sections 1661 and 3700 concerning
Workers'Compertssti D_
By.
(Desi a offici, caps ' business)
(Designate official capucity in the business)
Note to Contrnetor: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board,
president or vice president;the second signature must be that of the corporate secretary,assistant secretary,chic'financial officer or assistant treasurer. .
(Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of ZZA'�4 Com. )
On the date written below,before me,the undersigned Notary Public,personally appeared the perso gning above for Contractor,persotrally known
to mc (or proved to me on the basis of satisfactory evidence) to be the pens s hose na (s -*Varc subscribed to the wi in Instrument and
acknowlcd ed to me that iro�e}+c/they executed die same a 1tisAtet'hheir authorized capaci (es an that by ltivirei-Aheir signatu s the instrument
the persot4s or the entity upon behalf of which the perso�acted,executed the instrumen.
WITNESS my hand and official seal.
Dated: L-bA\�"'z .
(Notary's Seal)
(Notary Public)
NANCY CUNNINGHAM
Comrriaslort#1221013
No►ary Pt tfiC-C IINGMT,
Contra Costa COW"
Mfr G4ntxrl.6�9s MbY2��
(Page 1 of 4)
3. WORK CONTRACT.CH4NOES. (a) By their signatures in Section 2,effective on the above date,these parties promise and
agree as set forth in this contract,incorporating by these references the material in Section 1.SPECIAL TERMS.
(b) Contractor shall,at his own cost and expense,d in a worknnanlike manner,fully and faithfully perform and complete the
work;and will furnish all materials,labor,services and transportation necess-,ry,convenient and proper in order fairly to perform the
requirements of this contract,all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance
with the accepted proposal.
(c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by clic
parties;and the Public Agency shall never have to pay more than specified in Section 9,PAYMENT,without such an order.
4, T1ML';NOTICE.TO PROCEL•D. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and
shall complete it us specified inn Section 1,SPECLdLL TERMS.
5. L10TITT)ATL•D D.NMAGCS, Tf the Contractor fails to complete this contract and this work within the time fixed therefor,
allowance being made for contingencies as provided herein, he becomes liable to The Public Agency for 211 its loss and damage
therefrom;and because, from the nature of the case,it is and will be impracticable and extremely difficult to ascertain and fix the
Public Agency's actual damage from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to
the Public Agcncy Ale reasonable sum specified in Section 1,SPECIAL,TERM.the result of the parties'reasonable endeavor to
estimate fair averugc compensation therefore,for each calendar days delay in finishing said work;and if the same be not paid,Public
Agency may,in addition to its other remedies,deduct the same fTom any money due or to become due Contractor under this contract.
If the Public Agency for any cause authorizes or contributes to a delay,suspension of work or extension of time,its duration shall be
added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency To
damages for non-completion or delay hereunder. Pursuant to Government Code Section 4215,the Contruclor Shall not be assessed
liquidated damages for delay in completion of the work,when such delay was caused by the failure of the Public Agency or the owner
of a utility to provide for removal or relocation of existing utility facilities.
6. TNTFGRATL••D DOCUMENTS. The plans,drawings and specifications or special provisions of the Public Agency's call for
proposals, and Contractor's accepted proposal for this work are hereby incorporated into this contract; and tlicy are intended to
cooperate,so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions,or vice
versa,is to be executed as if exhibited,mentioned and set forth in both,to the true intent and meaning thereof when taken all together;
and differences of opinion concerning these shall be finally determined by Public Agency's Agrmt specified in Section 1,SPECIAL
TERMS.
7. PAYM NT. (a) I-or his strict and literal fulfnllrncnt of these promises and conditions,and as full compensation for all this
work,the Public Agency shall pay the Contractor the sum specified in Section 9,PAYMENTS,except that in unit price contracts that
payment shall be for finished quantities at unit proposal prices.
(b) The Contractor shall be paid for ull work done through the 251h of the preceding calendar inonth,as determined by Public
Agency,minus 10%thereof,but not until defective work and materials have been removed,replaced,and made good,
8. PAYMENTS WrrHHCL D. (a) The Public Agency or its Agent may withhold any payment,or because of later discovered
evidence nullify all or any certificate for payment,to such extent and period of time only as may be ncccssar'y to protect the Public
Agency from loss because of.
(1) Defective work not remedied,or uncompleted work,or
(2) Claims tiled or reasonable evidence indicating probable filing,or
(3) Failure to properly pay subcontractors or for material or labor,or
(a) Reasonable doubt that the work can be completed for the balance then unpaid,or
(5) Damage to another contractor,or
(6) Damage to the Public Agency,other than damage due to delays.
(b) The Public Agency shalt use reasonable diligence to discover and report to the Contractor, as the work progresses, the
materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good lily
defective work or parts.
(c) 35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the
Contractor and may pay the balance of the contract price after deducting all amounts withheld under this contract,provided the
contractor shows that all claims for labor and materials have been paid,-no claims have been presented to The Public Agency based on
acts or omissions of the Contractor,and no liens or withhold notices have been filed against tine work or site,and provided there are
not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Cgnrmctor.
9. INSURANCE. (Labor Code Secs. 1860-61) On signing Alis contract,Contractor must give Public Agency (1) a certificate of
consent to self-insure issued by the OireetOr of Industrial Relations,or (2) a certificate of workers'Compensation insurance issued
by an admitted insurer,of(3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and
complies with labor Code Section 3700 and the Workers' Compensation Law. Said cet'tifrcares shall name those entities or
individuals listed in Section 6-1.01 of the Special Provisions.
(Page 2 of 4)
10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with
sureties,in amount(s)specified in the specifications or special provisions,guaranteeing his faithful performance of this contract and
his payment for all labor and materiuls hereunder.
11. FAILURE TO PERFORM. If the Contractor at any rime refuses or neglects,without fault of the Public Agency or its agent(s),to
supply sufficient materials or workmen to complete this agreement and work as provided herein,for u period of 10 days or more after
written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the
contract price.
12. TAWS APPLY General. Both parties recognize the applicability of various federal, state and local laws and regulations,
tspccially Chapter I of Part 7 of the California tabor Code(beginning with Section 1720,and including Sections 1735, 1777.5,and
1777.6 forbidding discrimination) 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 and 1513,concerning prevailing wages and
hours,shall apply to this agreement as though fully stipulated htrein.
13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 arc incorporated herein,
14. 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 workman needed to execute this contract,and said rates are as specified in the
call for bids for this work and are on file with the Public Agency,and are hereby incorporated herein.
(b) This schedule of wages is based on a working day of S 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 arc worked,the daily wage rate
is proportionately reduced,but the hourly rate remains as stated.
(c) The Contractor,and all his subcontractors, must pay V least these rates to all persons of this work, including all travel,
subsistence, and fringe benefit payments provided for by applicable collective burgaining agreements. All spilled labor not listed
above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such
work is being performed. If it becomes necessary for the Contractor or any subcontructor to employ any person in a craft,
classification or We of work(except executive,supervisory,administrative,clerical or other non-manual workers as such)for which
no minimum wage rate is spceiticd,the Contractor shall immediately notify the Public Agency which shall apply from the time of the
initial employment of the person affected and during the continuance of such employment.
15, I-TOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed U any
time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided
in Labor Code Sections IS10-1315.
16. APPRFNTI .CES, Properly indentured apprentices may be employed on this work in accordanec with Labor Code Sections
1777.5 and 1777.6,forbidding discrimination.
17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy
of Contra Costa County,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this
County in every case where the price,fitness and quality are equal.
1 S. ASSiGNM6NT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor,.but he cannot assign
it in whole or in part,nor any monies due or to become due under it,without the prior written consent of the Public Agency and the
Contractor's surety or sureties,unless they have waived notice of assignment.
19. NO WATVFR BY PUBUr tiGL-NCY Inspection of the work and/or materials,or approval of work and/or materials inspected,
or statement by any offiocr, agent or employee of the Public Agency indicating the work or any part thereof complies with the
requirements of payments therefore or any combination of these acts,shall not relieve the Contractor of his obligation to fulfill this
contract as prescribed;nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising
from tie failure to comply with any of the terms and conditions hereof.
20. HOLD IiAR9LESS AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities
as definod in this section.
(b) The indemnitcts benefited and protected by this promise are those entities and individuals listed in Section 6-1.01 of the
Special Provisions.
(c) The liabilities protected against arc any liability or claim for damage of any kind allegedly suffered,incurred or threatened
btcausc of actions defined below,including but not limited to personal injury, death,property damage,trespass,nuisance, inverse
condemnation,patent infringement,or any combination of these, regardless of whether or not such liability,claim or damage was
trnforeaeeuble at any rime before the Public Agency approved the improvement plans or accepted the improvements as completed,and
including the defense of any suit(t)or uelion(c)at law or equity conecming these.
(d) "Ru actions causing liability are any act or omission(negligent ornon-negligent)in connection with the matters covered by
this contract and attribuLible to the contractor,subcontractor(s),or any officer(s),agent(s)or cmployee(s)of one or more of them.
(Page 3 of 4)
(c) Non-Conditions: The promise and agrccincnt in this section is not conditioned or dependent on whether or not any
indemnitee has prepared,supplied,or approved any plan(s),drawing(s),spcciftcation(s)or special pmvision(s)in connection with this
work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted panty from any
negligent or willful misconduct of any indemnitee.
2 t. EXCAVATION, Contractor shall eompiy with the previsions of Labor Code Section 6705,if applicable,by submitting to Public
Agency 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.
22. RECORD RETENTION. Except for records delivered to Public Agency,Contractor shall retain, for a period of at least five
years after Contractor's receipt of the final payment under this contract,all records prepared in the performance of this contract or
otherwise pertaining to the work,including without limitation bidding,financial and payroll records. Upon request by Public Agency,
Contractor shall make such records available to Public Agency,or to authorized repreientativcs of the state and federal governments,
at no additional charge and without restriction or limitation on their use.
23. CONFT.ICT WTTM 13 . It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this contract and the proposal of said Contractor, then this contract shall control and nothing herein shall be
considered as an acceptance of said terms or said proposal conflicting herewith,
24. USE Or PRJVATE PROPERTY, Contractor shall not use private property for any purpose in connection with the work absent a
prior,written agreement with the afiecLed property owner(8).
25. REN�,�L AND WAGE RATES. The statemcm of prevailing wages appearing in the Equipment Rental Rates and Gcncral
Prevailing Wage Rates is hereby specifically referred to and by this reference is made a pari of this contract.
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