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HomeMy WebLinkAboutMINUTES - 06262001 - C.26 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GHAD FROM: MAURICE M. SH1U, PUBLIC WORKS DIRECTOR DATE: June 26, 2001 SUBJECT: AUTHORIZE General Manager to execute Consulting Services Agreement between the Blackhawk Geological Hazard Abatement District and Engeo, Inc., in the amount of $100,000 effective July 1, 2001 through June 30, 2002, Danville area. (WO 5147) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE William R. Gray and Company, as General Manager of the Blackhawk Geological Hazard Abatement District (GHAD), to execute a consulting services agreement in the amount of$100,000.00 with Engeo, Inc., San Ramon, California for a term of one year effective on July 1, 2001 to provide geological and geotechnical services for the Blackhawk GHAD. I1. Financial Impact: There will not be any impact on County General Fund. The Blackhawk GHAD is funded through revenues generated by County Service Area M-23. The Blackhawk GHAD will fund 100% of this contract. SIGNAT RE:4�L W"w _RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON June 26 , 2001 APPROVED AS RECOMMENDEDXX_OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT None ) AYES: NOES: ABSENT: ABSTAIN: 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. SE:sd June 26 2001 G:\GrpData\SpDist\Board Orders\2001\06 Junc\BOs G 26-01.doc ATTESTED: i Orig.Div:Public Works(Special Districts) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: Skip Fpperly(313-2253) Administrator cc: County Administrator County Counsel Wm.R.Gray Co.Inc. By Deputy SUBJECT: AUTHORIZE General Manager to execute Consulting Services Agreement between the Blackhawk Geological Hazard Abatement District and Engeo, Inc., in the amount of $100,000 effective July 1, 2001 through June 30, 2002, Danville area. (WO 5147) DATE: June 26, 2001 PAGE: 2 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 Inc. 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. Engeo possess first hand knowledge of the Blackhawk development through their long history serving the GRAD. The firm assists GHAD staff in administering the Major Repair Program by performing geotechnical engineering and materials testing, preliminary site reconnaissance and field evaluations, and consultation on landslide and erosion hazards. Additionally, Engeo conducts bi-annual measurements of piezometers and horizontal drains, collects and analyzes ground water sensor data and provides initial incident response and evaluation under the GHAD's Preventative Maintenance and Operations Program. Their expertise and knowledge of the geological makeup of the Blackhawk area has been invaluable to GHAD staff in helping to repair landslides and anticipate problem areas within the development. William R. Gray and Company negotiated and approved professional services contracts between the Blackhawk GHAD and Engeo Inc.'s annual contract with the Blackhawk GHAD for Fiscal Year 2001/2002. IV. Consequences of Negative Action: Without Board approval, reimbursements for costs incurred to coordinate repair of the landslides will not occur, and the GHAD will not be able to effectively respond to emergencies or execute its preventative maintenance program during this fiscal year. 1• t►Ias+Saoal Cora�fdOrY,are irro,fp01000 oebr 0y ralsarncw. I A (a)PubkAgancy: GooWQ;C"Mrd Abe (e)ConsnAtantte"A"IM t Addrms: (d Proj101NWrW.NVMbwrdLottsdoK ltls>Ct .��OM1YeY0R01J+VWE0mON1oru10 WW ober of% Wbus an".OW-Ma.Colvona4 (d) EtrssOvs Gats: duly 1.2001 (a)PsyntalR(kwlt(aX Sto0Ao0.00 t0 CWT Dt�+�(■k Juna3&-I (p) reeled TSdOOKY%M: 94.1148418 2.Vn )yr t1ros;v sVetums asad tw DwVee aQrv.nmMhW*b: rStrLTANT BY ora Company,tK Gerry-ropy °Y ) "/-11A B,• ° yaa.eraaar d.patyb In ens evainaaa ?/ type Of Huafnso:bola PraprleWtp,f ot'arr TW*AQW%'. 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All materials and records of a finished nature,such as final plans,specifications, reports,and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement,shall be made available,upon request,to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra W ork. 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 S. 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 s 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 priorto the commencement of the work. 15. Pavment Retention. Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the fulfillment of this Agreement. After the Consultant has completed all work under this Agreement,submitted final billing,and the Public Agency has found the work to be accurate, the Public Agency will pay an withheld funds. Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable. Retention will not be withheld for any-on-call'work. 16. Termination by Public Agency. At its option,Public Agency shall have the right to terminate this Agreement at any time 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 forthe services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise 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 for the reasonable value of the services performed up to the time of cessation or abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. I& Breach, In the event 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 by law 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 shall be brought in Contra Costa County,and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394. 19. Compliance with Laws. In performing this Agreement,Consultant shall comply with all applicable laws,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. 20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant,whether voluntarily,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 subcontracting shall be void. 21. Subcdrtracting. All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each subconsultanl in accordance with the requirements of Civil Code Section 3321 as applicable, 22. Endorsement on Plans. Consultant snail 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. 23. Patents and Copyrights. 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 materiels 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. 24. Indemnification. Consultant shall defend,indemnify,save and hold harmless Public Agency,Contra Costa County,William R.Gray and Company. Inc.,Blackhawk GHAD,Sands Construction Company,Inc.and their boards,officers and employees from any and all claims,costs and liabifityfor any damages,injury ordeath arising directly or indirectly from,or connected with,the services provided hereunderand due to,or claimed or alleged to be due to,negligence or willful misconduct of Consultant,its officers,employees,agents,subconsultants,or any person under its direction or control,save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency,and will make good to and reimburse the indemnitees for any expenditures,including reasonable attorney's fees,the indemnitees may make by reason of such matters and,if requested by any oftne Indemnitees,will defend any such suits at the cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person;provided. however,that Consultant's obligation to indemnify shall be limited to the proportion of negligence orwlllful misconduct attributable to Consultant,its subconsultants,or any person under Consultant's direction or control. 25. Heirs,Successors arta 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. 26. Public Endorsements. Contractor shall not In Its capacity as 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 publicty attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well- established and widely-accepted scientific basis for such claims orwithout the prior approval of the Public Agency's governing board. In its Public Agency contractor capacity,Contractor shall not participate or appear in any commercially-produced advertisements designed to promote.a particular brand name or commercial product,even if Contractor is not publicly endorsing a product,as long as the Contractors presence in the advertisement can reasonably be interpreted as an endorsement of the product by oron behalf of Public Agency. Notwithstanding the foregoing, ContraV,,or may express its views 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. 27. Protect Personnel. 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. 28. Payment Review, Public Agencys payment for the services performed by Consultant under this Agreement shall be subject to review, determination of satisfaction,and approval of the Contra Costa County Public Works Department,pursuant to Section 1 of the Joint Exercise of Powers Agreement dated June 24, 1986 between Public Agency and the County of Contra Costa. Attachments:Appendix A,Appendix 8,Appendix C Form approved by County Counsel(5198) G:1Blackhawk\Administraticn\Vendors\Engeo\0ontractsTY 01-02\Contract for FY 01-02.doc Blackhawk Geologic Hazard Abatement District (GRAD) Engeo, Inc. Professional Services Contract Appendix "A" Scope of Work Under this contract, Engeo, Inc. (CONTRACTOR) agrees to provide Professional Services to the Geologic Hazard Abatement District(GRAD)on an"on call'basis. Work shall not begin until the General Manager issues a"Notice to Proceed". Work shall be authorized on a task-by-task basis. No work is authorized unless and until separate and individual task orders are issued and approved by the General Manager. Said tasks are subject to the payment limit in Section One of this Agreement. Services include,but are not necessarily limited to the following: Major Repair Projram • Geotechnical engineering and materials testing • General consulting and recommendation • Preliminary site reconnaissance and field evaluations • General consultation on landslide and erosion hazards, analysis and mitigation schemes • Attendance at meetings with GHAD representatives,homeowners and/or Blackhawk Homeowners Association Preventative Maintenance and O..perations Program Assist with the GHAD's Preventative Maintenance and Operations Program including the following tasks: • Initial incident response and evaluation ■ Bi-annual measurements of piezometers and horizontal rains ■ Annual observation and reporting of condition of subdrain outlets • Collection,reduction and analysis of ground water sensor data ■ Inclinometer measurements on an as-requested basis ■ Data collection and maintenance of CHAD weather station ■ Aerial photography review ■ General consultation on landslide and erosion hazards, analysis and mitigation schemes ■ Attendance at meetings with GHAD representatives,homeowners and/or Blackhawk Homeowners Association Other services may be added to scope of services by General Manager on an as-needed basis. Blackhawk Geologic Hazard Abatement District (GHAD) Engeo, Inc. Professional Services Contract Appendix "B" Fee Schedule Blackhawk Geologic hazard Abatement District (GRAD) Engeo, Inc. Professional Services Contract Appendix "C" Personnel Consultant agrees to assign the following personnel: 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.