HomeMy WebLinkAboutItem 3.4 - 3257 Amend Maintenance Agreement with Apex Gradi
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STAFF REPORT
GEOLOGIC HAZARD ABATEMENT DISTRICT
DATE: June 2, 2020
TO: Honorable President and Board of Directors
FROM:
Linda Smith, District Manager
SUBJECT:
Amendment to the Agreements with Apex Grading Inc., for Geologic
Hazard Abatement District Maintenance Services
Prepared by: Laurie Sucgang, District Engineer
EXECUTIVE SUMMARY:
The GHAD Boards of Directors will consider an amendment to the agreements with
Apex Grading Inc. for Geologic Hazard Abatement District Maintenance Services for the
Fallon Village GHAD and for the Schaefer Ranch GHAD to extend the existing duration
of maintenance services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Amendment to the Agreement with Apex Grading
Inc., for the Fallon Village Geologic Hazard Abatement District, and adopt the
Resolution Approving an Amendment to the Agreement with Apex Grading Inc., for the
Schaefer Ranch Geologic Hazard Abatement District.
FINANCIAL IMPACT:
As proposed in the Fiscal Years 2020-21 and 2021-22 Fallon Village Geologic Hazard
Abatement District (GHAD) budget, the Contracted Services budget line item is
$724,500. The cost of maintenance services under the proposed amendment to the
agreement with Apex Grading Inc. is $320,000, which includes approximately $220,000
for scheduled maintenance items and $100,000 for emergency response activities, as
needed. There are sufficient funds in the approved Contracted Services budget to
approve the amendment.
As proposed in the Fiscal Years 2020-21 and 2021-22 Schaefer Ranch GHAD budget,
the Contracted Services budget line item is $658,500. The cost of maintenance services
under the proposed amendment to the agreement with Apex Grading Inc. is $216,000,
which includes approximately $116,000 for scheduled maintenance items and $100,000
for emergency response activities, as needed. There are sufficient funds in the
approved Contracted Services budget to approve the amendment.
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DESCRIPTION:
The Fallon Village and Schafer Ranch GHADs each entered into separate maintenance
agreements with Apex Grading Inc. on October 18, 2017, for $811,450 and $552,700,
respectively, to provide GHAD maintenance and emergency response services until
June 30, 2020.
GHAD Staff recommends amending the Agreements to extend the term to June 30,
2022.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the staff report was provided to Apex Grading Inc.
ATTACHMENTS:
1. Resolution Approving Fallon Village GHAD Apex Amendment
2. Exhibit A to Resolution Approving Fallon Village GHAD Apex Amendment
3. Fallon Village GHAD Original Maintenance Agreement Apex
4. Resolution Approving Schaefer Ranch GHAD Apex Amendment
5. Exhibit A to Resolution Approving Schaefer Ranch GHAD Apex Amendment
6. Schaefer Ranch GHAD Orginal Maintenance Agreement Apex
ATTACHMENT 1
RESOLUTION NO. - 20
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
* * * * * * * * * * *
APPROVING AN AMENDMENT TO THE AGREEMENT WITH
APEX GRADING INC.
WHEREAS, on October 18, 2017, the GHAD approved an agreement for Geologic
Hazard Abatement District maintenance services (Agreement) with Apex Grading Inc. for
$811,450; and
WHEREAS, the GHAD wishes to amend the terms of the Agreement to extend the
duration of the contract to June 30, 2022.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Fallon Village GHAD approves the amendment to extend the duration of the Agreement with
Apex Grading Inc. for Geologic Hazard Abatement District maintenance services until June
30, 2022, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the GHAD Manager is authorized and directed to
execute the amendment and such other documents, and to take such other and further
action, as necessary and appropriate to carry out the Intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2020, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chair
ATTEST:
_________________________________
GHAD Clerk
i
AMENDMENT #1 TO CONTRACTING SERVICES AGREEMENT BETWEEN
THE FALCON VILLAGE GEOLOGIC HAZARD ABATEMENT: DISTRICT (GRAD)
AND APEX GRADING INC.
WHEREAS, on October 18, 2017, the Fallon Village Geologic Hazard
Abatement District (hereinafter referred to as "GRAD") and Apex Grading Inc.
(hereinafter referred to as "CONTRACTOR) entered into a lContracting Services
Agreement for Geologic Hazard Abatement District (GRAD) maintenance services
(hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT terminatesiron June 30, 2020 and
1
staff desires current and additional services to extend to June 3012022;
WHEREAS, the GRAD and CONTRACTOR now wish to amend the
Agreement to extend the duration of the contract to June 30, 2022, modify section 1 of
the Agreement; and
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the AGREEMENT is amended; as follows:
r
Section 1 is hereby rescinded in its entirety and replaced with the following:
1. SPECIAL TERMS
(See Secs. 2, 3)
(See Sec. 3)
(See Sec. 4)
(See Sec.. 4)
(See Sec. 5)
These special terms are incorporated!j below by reference.
Parties: Agent — Fallon Village Geologic Hazard
Abatement District (GRAD)
Contractor — Apex Grading Inc., P.O.
5367, Concord, G A 94524
Effective Date of Original Contract: October 18, 2017
Effective Date of Contract Amendment #1: July, 1, 2020
i
Am
Project Name, Number and Location: I Fallon Village GHAD,
4663.002.019, Dublin, CPA
The work consists of: Scope of Set vit..,,es described in
f
Appendix A.
i
Duration: July 1, 2020 to June 30, 2022
i
GHAD's Agent: Linda Smith, GHAD Aanager
Contract #:
Contract Limit for Contract Amendment #
Payment Terms: Appendix A �
i
i
$320,000-00
1:
(See Sec. 6) Federal Taxpayers I.D. or Social Security Na.:
IN WETNESS WHEREOF, the parties hereto have caused th
executed as of the date and year first above written.
FALCON VILLAGE GRAD
Dated:
ATTEST:
By:
Marsha Moore, GHAD Clerk
APEX GRADING INC.
Dated: 5'- 1 R - z o zo By:
3524952.1
Amendment to be
By:
l
Linda Smith, GHAD Manager
E
Jason Fifield, President
0
CONTRACT
1. SPECIAL TERMS. These special terms are incorporated below by reference.
See Secs. 2, 3) Parties: Agent—Fallon Village Geologic Hazard Abatement District(GHAD)
Contractor—Apex Grading, P.O. Box 5367, Concord, CA 94524
Effective Date: October 18, 2017
See Sec. 3) Project Name, Number and Location: Fallon Village GHAD
The work consists of: Scope of Services described in Appendix A.
See Sec.4) Duration: October 18, 2017,to June 30, 2020
See Sec.4) GHAD's Agent: Christopher L. Foss, GHAD Manager
See Sec. 5) Contract#:
Contract Limit: $811,450.00
Payment Terms: Appendix A
See Sec. 6) Federal Taxpayer's I.D. or Social Security No.:
2. SIGNATURES&ACKNOWLEDGMENT—The si res attest the parties' ement hereto:
GHAD, By:
Christopher L.
DFoss,
kallon V Ilage GHAD Manager
See Sec. 24) Contractor ( D e),r C i cr l rl4,1.4j hereby also certifying awareness of
and complianceTwith Labor Code Se4ions 1861 and 3700 concerning Workers'
Compensation Law,
By:
p 56signafe officpi capacity in he business)
1'Y1c vc S Jat r.
Designate official capacity in the business) T
Note to Contractor: For corporations, the contract must be signed by two officers. The first signature must be that
of the ch airman of the board, president or vice president; the seco nd signature must be that of the secretary,
assistant secretary, chief fina ncial officer or assistant treasurer(Civil Co de, Section 1190 and Corporations Code,
Section 313.). The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California
rn'
County of C i ot2- c:c
OrLr: Le x- q ., 96Y —j before me,
r (insert name and title of the pfficer)L/
Personally appeared 1
Who proves to me on the basis of satisfactory evidence to be the person( whose name is/asubscribed to the
within instrument and acknowledged to me that he/ /t hi executed th same in his/ r/tffr authorized
capacity(i and that by his/ f/th,pff signature on the instrument the persono, or the entity upon behalf of which
the per acted, executed the instrument.
certify un/
JJJ •••
der PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature Seal) KATHLEEN FATTEN
r COMM. #2199542 z
zzNotary Public•California o
Contra Costa County
Comm.Ex Tres M 29,2021
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
CONTRA COSTA )
County of
X 190 U1 51- l t<( , NOTARY PUBLIC
On C'j . 1 17 before me,
Date Here Insert Name and Title of the Officer
personally appeared I A L `r' `
J 4 S c JV F/r iI L O _
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person$ whose name) is/W
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her-Abeir authorized capacity(ies),and that by his/her/their signature on the instrument the person(s'),
or the entity upon behalf of which the personO acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
MUKESH P. TEL
r COMM.#2190501 WITNESS my hand and official seal.
333Y
NOTARY PUBLIC*CALIFORNIA
CONTRA COSTA COUNTY n n
f
Comm.Expres MAY 4,2021
Signature u-f r f
Signature of Notary Public
Description of Attached Document coTitleorTypeofDocument:
GI L 31 45
3. WORK CONTRACT.CHANGES.
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) GHAD reserves the right to modify Contractor's scope of work under this Contract. However, the terms, conditions, and
scope of work set forth in this Contract may not be modified except by written authorization of the GHAD representative,nor
shall Contractor be paid for any work unless authorized by the GHAD in writing prior to the execution of the work.
4. TIME; NOTICE TO PROCEED. Contractor shall start this work as directed by the General Manager or his Agent in
the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS.
5. INDEPENDENT CONTRACTOR. Contractor is an independent contractor and is solely responsible for the means
and methods of performing the work set forth in this Contract.Contractor shall have no power or authority by this Contract to
bind the GHAD in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status.
All employees, agents,contractors, or subcontractors hired or retained by the Contractor are employees,agents,contractors,
or subcontractors of the Contractor and not of the GHAD. The GHAD shall not be obligated in any way to pay any wage
claims or other claims made against contractor by any such employees,agents,contractors, or subcontractors or any other
person resulting from performance of this Contract.
6. REVIEW OF PROJECT DOCUMENTS. Contractor warrants that it will review appropriate project documents, including any
plans,specifications and reports, inspect the project site,and satisfy itself as to the conditions under which the work is to be
performed, including any subsurface or latent conditions. Contractor understands that the conditions encountered by
Contractor may differ from those anticipated by Contractor and agrees to bear the risk of such difference in conditions.
Neither the time in which the work is to be performed, nor the cost of performing such work, shall be increased because of
unforeseen or unanticipated site or project conditions.
7. WARRANTIES AND GUARANTIES. Contractor warrants that its work shall be free from defects and shall be suitable for the
use intended. In the event that any deficiencies in Contractor's work are discovered within one year after completion of the
project, Contractor shall, at its sole cost, repair, replace or repeat any defective work, including repair of any portion of the
project or property damaged by repair, replacement or repeating of defective work. This warranty is in addition to any other
remedy which the GHAD may have for defective work of Contractor.
The individual or individuals signing this Contract on behalf of Contractor warrant that they are authorized to bind
Contractor to this Contract and guarantee Contractor's performance of the work set forth under this Contract.
8. PAYMENT. The GHAD shall pay Contractor for 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 the GHAD to
Contractor, provided that Contractor submits copies of receipts and, if applicable,a detailed mileage log to the GHAD. In no
event shall the total amount paid to Contractor exceed the payment limit(s)specified in the contract limit set forth in Section
1, SPECIAL TERMS without prior written approval of the GHAD. Contractor's billing statements shall be submitted at
convenient intervals approved by the GHAD and shall list,for each item of services, the employee categories, hours and
rates. Contractor's billing statement shall be submitted at the completion of work described in Appendix A.
9. PAYMENTS WITHHELD.
a) The GHAD or its Agent may withhold any payment or, because of later discovered evidence, nullify any or all
certificate for payment, to such extent and period of time only as may be necessary to protect the GHAD from loss
because of:
1) Defective work not remedied,or uncompleted work,or
2) Claims filed or reasonable evidence indicating probable filing,or
3) Failure to properly pay subcontractors for material or labor,or
4) Reasonable doubt that the work can be completed for the balance then unpaid,or
b) The GHAD shall 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 any defective work or parts.
10. INSURANCE. Contractor shall maintain continuously during the life of this Contract at its sole cost and expense, and shall
require its subcontractors to maintain, the following minimum insurance requirements with all insurance carriers rated A-
VII or better by AM Best.
a) Workers' Compensation Insurance and Employer's Liability Insurance with limits of not less than $1,000,000.00 per
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accident. The insurer, shall waive all rights of subrogation against the GHAD and its officers, employees, agents and
volunteers for loss arising from work performed under this Contract. Contractor is aware of and complies with Labor
Code Section 3700 and the California Workers' Compensation Law.
b) Comprehensive General Liability with limits of not less than $1,000,000 Per Occurrence/$2,000,000 Aggregate
applicable to bodily injury,sickness,or death in any one occurrence and not less than$1,000,000 for loss of,or damage
to, property in any one occurrence and $2,000,000 Aggregate. This coverage shall include the following:
1)Comprehensive form; (2) Premises operations; (3) Underground explosion and collapse hazard; (4) Products
completed operations; (5) Contractual liability; (6) Independent contractors; (7) Broad form property damage;
8)Personal Injury.The policy form must be a Commercial General Liability policy written on CG0001 form Waiver
of Subrogation required.
c) Automobile Liability covering all owned, non-owned, or hired vehicles used by Contractor with limits of not less than
2,000,000 applicable to bodily injury, sickness, or death of any one person per occurrence and $1,000,000 for loss of
or damage to property in any one occurrence.
d) The policies under b) and c) above shall: (1) name the GHAD, its officers, employees, agents, and volunteers as
Additional Insureds; (2) be primary to any other insurance maintained by The GHAD; (3) contain a severability-of-
interest or cross-liability provisions; (4) provide 30 days advance notice to The GHAD in the event of any non-
renewal, cancellation, restriction, or modification of insurance. The GHAD reserves the right to request additional
certificates of insurance on a project by project basis.
e) Contractor shall provide the GHAD with satisfactory evidence of the above-stated coverages prior to commencement
of the services set forth in Section 1,SPECIAL TERMS. Failure to maintain such coverages is a material breach of this
Contract. No payment shall be due Contractor for any work performed during a period or periods in which the
insurance coverages were not in effect.
11. BONDS. Contractor shall provide, if the contract price exceeds $25,000, at the time of the execution of the Contract, and
at no additional expense to the GHAD, a surety bond executed by an admitted surety insurer in an amount equal to at
least one- hundred percent (100%) of the contract price as security for the faithful performance of said Contract.
Contractor shall provide, at the time of the execution of the Contract, and at no additional expense to the GHAD, a surety
bond executed by an admitted surety insurer in an amount equal to at least fifty percent (50%) of the contract price as
security for the payment of all persons performing labor and furnishing materials in connection with said Contract. Sureties
on each of said bonds shall be satisfactory to the GHAD.
12. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the GHAD or its agent(s), to
supply sufficient materials or workmen to complete this Contract and work as provided herein, for a period of 10 days or
more after written notice thereof by the GHAD, the GHAD may furnish necessary materials or workmen and deduct the
reasonable expenses( including attorney's fees)thereof from the contract price.
13. TERMINATION. This Contract may be terminated by the GHAD,without cause, on seven days written notice to Contractor.
Contractor may terminate this Contract upon thirty (30) days' written notice to the GHAD. In the event of termination,
Contractor shall be paid for all work performed prior to termination less the cost of remedying any defective work performed
by Contractor.The indemnifications, insurance,liens and job site safety obligations survive termination of this Contract.
14. NON-ASSIGNMENT. Contractor shall not delegate or assign the obligations of this Contract without prior written
approval of the GHAD.
15. COMPLIANCE WITH LAWS/PERMITS/LICENSES. The Contractor shall perform services in accordance with all applicable
state and federal laws, regulations, ordinances, permits, licenses, and other rules of the state, territory, or political
subdivisions where the services are performed and/or provided. The parties specifically stipulate that the relevant penalties
and forfeitures provided in the Labor Code, especially in Sections 1773 through 1777 and 1810 through 1815,
concerning prevailing wages and hours,shall apply to this Contract.
16. LIENS. Contractor shall discharge at once or bond or otherwise secure against all liens and attachments which are filed in
connection with the services, and Contractor shall indemnify, defend and save the GHAD, and the owners of the premises
on which the services are performed, or to which the services relate, harmless from and against any and all loss, damage,
liability and claims thereof resulting from such liens and attachments.
17. SURVIVAL. This Contract binds the heirs, successors, assigns, and representatives of Contractor; but Contractor 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 GHAD
and the Contractor's surety or sureties,unless they have waived notice of assignment.
18. NO WAIVER BY GHAD. Inspection of the work and/or materials, or approval of work and/ or materials inspected, or
statement by any officer, agent or employee of the GHAD indicating the work or any part thereof complies with the
requirements of payments therefore, or any combination of these acts, shall not relieve Contractor of his obligation to fulfill
this Contract as prescribed; nor shall the GHAD be thereby estopped from bringing any action for damages or
enforcement arising from the failure to comply with any of the terms and conditions hereof.
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19. INDEMNITY. Contractor shall hold indemnify, defend and hold harmless the GHAD and its elective and appointive
boards,commissions,officers,agents and employees from and against any and all claims,liens or encumbrances, damages,
liability, suits, actions and expenses, including reasonable attorney's fees, relating to any and all tosses or damages
sustained by or alleged to have been sustained by employees of the parties hereto, and arising from Contractor's
performance or failure to perform the services set forth in this Contract,or failure to comply with any regulatory guidelines
and/or requirements. Contractor shall not be required to indemnify and hold harmless the GHAD and its elective and
appointive boards, commissions, officers, agents and employees from claims, damages or liability caused by the sole
negligence or willful misconduct of the GHAD.
20. JOB SITE SAFETY. Contractor shall be solely responsible for the safety of persons or property on,or adjacent to the job
site. Contractor shall be responsible for its activities and the activities of its subcontractors'or agents'employees on the
job site with respect to job site safety. Neither the professional activities nor the presence of the GHAD or its agents,
employees,contractors,and subcontractors shall be understood to control the operations of others. In addition,Contractor
shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to the GHAD 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.
21. RECORD RETENTION. Except for records delivered to the GHAD, Contractor shall retain,for a period of at least five(5)
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 the GHAD, Contractor shall make such records available to the GHAD, or to authorized representatives of
the state and federal governments, at no additional charge and without restriction or limitation on their use.
22. RENTAL AND WAGE RATES. The statement of prevailing wages appearing in the Equipment Rental Rates and General
Prevailing Wage Rates, on file at the GHAD,is hereby specifically referred to and by this reference is made a part of this
Contract.
23. CLAIMS. As applicable by statute, if a dispute arises out of or related to this Contract, or the breach thereof, and if the
dispute cannot be settled through direct discussions, the parties shall, before initiation of any litigation or arbitration,
endeavor to settle the dispute by mediation with the assistance of a neutral mediator.The mediator shall be selected through
the mutual agreement of the parties, but if agreement as to the mediator is not achieved within 14 days after either party
requests mediation in writing, then each party shall select a neutral representative and the neutral representatives shall
meet and select a mediator. Should litigation be initiated after the mediation, the prevailing party shall be entitled to
reasonable costs of defense,Including attorney's fees,expert witness fees,and court costs.
24. WORKERS'COMPENSATION INSURANCE CERTIFICATION. Contractor shall sign,and comply with the terms of,the
certification required under Labor Section 1861,attached to this Contract as Appendix C.
25. INTEGRATION AND SEVERABILITY.This Contract and all Exhibits and Appendices attached hereto,represent the entire and
integrated agreement between Contractor and the GHAD and supersede all prior negotiations,representations,or agreements
either written or oral between the parties.Should any portion of this contract be held invalid, the remaining portions shall
continue as if the invalid portions had not been part of this Contract.
26. INSPECTION AND REVIEW.GHAD reserves the right to inspect supplies and equipment delivered,and services performed,
to determine conformance with the specifications and requirements set forth in the scope of work,Section 1,SPECIAL
TERMS.
27. AMENDMENT. The parties may amend this Contract only by a uniting signed by all the parties.
28. ATTORNEYS' FEES. if a party to this Contract brings any action, including an action for declaratory relief,to enforce or
interpret any provision of this Contract,the prevailing party shall be entitled to reasonable attorneys'fees in addition to any
other relief to which that party may be entitled. The court may set such fees in the same action or a separate action brought
for that purpose.
29. VENUE. In the event that either party brings any action against the other under this Contract,the parties agree that venue
shall be proper only in the County of Alameda or in the United States District Court for the Northern District of California.
30. DISCRIMINATION. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment
discrimination includes,but is not limited to,employment discrimination based upon a person's race,religious creed, color,
national origin,ancestry,physical handicap,medical condition, marital stgiWs,gender,citizenship or sexual orientation.
Approved as to Form:
Adam Lindgren,Fallon Village GHAD Attorn
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APPENDIX A
Fallon Village Geologic Hazard Abatement District (GHAD)
Scope of Services
FALLON VILLAGE GHAD,CITY OF
SCOPE OF SERVICES
ITEM
DESCRIPTION ESTIMATED
UNIT
UNIT
AMOUNTNO. QUANTITY PRICE
Emergency Vehicle Access/Maintenance Roadway—
Clearing of Vegetation
Remove vegetation from and adjacent to gravel-surfaced
1 roadway within the areas shown on Figures 2 and 3
1 Per Event $2,000 $2,000approximately150,000 square feet) to maintain an average
road width of about 15 feet or the gravel-surfaced width,
whichever is greater. Includes proper offsite disposal. The initial
clearing of vegetation shall occur no later than January 1, 2018.
Emergency Vehicle Access/Maintenance Roadways—
Application of Pre-and Post-Emergent Herbicides
Maintain gravel-surfaced roadways within the areas shown on
Figures 2 and 3 (approximately 150,000 square feet) in a weed-
free condition. The per-event bid includes the application of
2
herbicides within a one-year period. Herbicide use shall be
3 Per Event $1,500 $4,500limitedtouse on the gravel roads. The contractor will be
responsible for using the proper materials and application of
these herbicides. Clearing of significant vegetation growth on
the gravel roads, other than the clearing of regrowth vegetation
described in Bid Item No. 1, will be the responsibility of the
contractor with offsite disposal.
Vegetation Management Zone
Cut grasses and shrubs(i.e. coyote brush)to 3 inches or less in
height for a minimum width of 30 feet (Figures 2 and 3).
3. Intentionally planted shrubs and trees to remain. This bid item 3 Per Event $24,000 $72,000
includes offsite disposal of woody or perennial vegetation in a
proper manner. This bid item shall be completed between May
1 and June 1 of each year.
Open Space — Litter Collection and Removal Remove and
dispose of household debris/litter within the open space areas
4
shown on Figures 2 and 3. This does not include any 12 Per Event $1,000 $12,000hazardouswasteorlargeitemcollectionordisposal. This bid
item includes disposal of litter debris offsite in a proper manner.
Debris collection shall occur as requested.
Concrete-Lined Drainage Ditch Cleaning
Clean the concrete-lined drainage ditches as described below.
5
This bid item shall be completed between September 1 and
3 Per Event $1,000 $3,000October31ofeachyear. The concrete-lined ditches included in
this bid item are shown on Figures 2 and 3 with a total length of
approximately 4,650 lineal feet.
Earthen Drainage Ditch Cleaning and Vegetation Removal
Clean the earthen drainage ditches by cutting annual vegetation
to 3 inches or less in height and complete removal, including
root system of perennial vegetation (i.e. Coyote Brush). This bid
6. item shall be completed between September 1 and October 31 3 Per Event $1,000 $3,000
of each year. Includes proper offsite disposal. The earthen
ditches included in this bid item are shown on Figures 2 and 3
with a total length of approximately 9,725 lineal feet.
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FALLON VILLAGE GHAD,CITY OF DUBLIN,ORNIA
SCOPE OF
ITEM
DESCRIPTION ESTIMATED UNIT
UNIT
AMOUNTNO. QUANTITY PRICE
Detention Basin/Bioretention Cell Vegetation Maintenance
Remove woody vegetation in excess of 5 feet in height to within
6 inches of the ground surface from the bottom of the
7. basin/cells. This does not include cattail removal. Cut annual 4 Per Event $2,500 $10,000
vegetation to 3 inches or less in height The clearing of
vegetation will be completed once a year. Includes proper
offsite disposal.
Detention Basin/Bioretention Cells Nos. 1, 2, 3 and 4
8
Maintenance Apron
8 Per Event $3,000 $24,000Removevegetation, soil, and litter from the aprons. Includes
proper offsite disposal.
Bioretention Cells Nos. 1, 2, and 3 Maintenance–Mulch
Application
Apply mulch consisting of double-grind cedar bark or approved
equal. Application to incorporate 2-inch layer of mulch into 6- Square9. inch layer of soil, incorporate with a rototiller to a homogeneous 120,000
feet
10 $ 12,000
blend. Smooth finish layer in preparation of planting. We
anticipate the possibility of one mulch application during the
contract period.
Expose 6-inch-diameter, non-perforated subdrain outfall
pipe.
10
Excavate subdrain outfall pipe. Location to be staked by the
3 each 150 450GHAD. Depth expected to be less than about 3 feet. For
bidding purposes estimate 2 hours to expose each of the
subdrain outfalls.
Subdrain Outfall Structure
Construct subdrain outfall structure as shown on the attached
11. Figure 4. Includes excavation, filter fabric, riprap, fittings, 3 each $2,000 $6,000
trenching (if needed), backfill and compaction. Payment will be
based on actual quantity of outfall structures installed.
Subdrain Marker
12
Construct subdrain marker as shown on the attached Figure 5
1 each 500 500includingexcavation. Payment will be based on actual quantity
of outfall markers installed.
Mitigation Pond
Remove cattails and roots across area of riprap outfall apron as
shown on Figure 3. Coordination with project biologist is
13. required due to protected Red-Legged Frog in the area. GHAD 1 each $2,500 $2,500
will contact biologist about coordination and biologist fees will
be the GHAD's responsibility. This bid item should be
completed between September 1 and October 31 of each year.
Water Quality Basin- Emergency Vehicle
Access/Maintenance Roadway–Clearing of Vegetation
Remove vegetation from and adjacent to gravel-surfaced
14. roadway within the areas shown on Figure 3 (Approximately 1 each $1,500 $1,50067,000 square feet) to maintain an average road width of about
15 feet or the gravel-surfaced width, whichever is greater.
Includes proper offsite disposal. The initial clearing of
vegetation shall occur no later than January 1, 2018.
Page 2 of 3
FALLON VILLAGE GHAD,CITY OF DUBLIN,ORNIA
SCOPE OF
ITEM
DESCRIPTION ESTIMATED UNIT
UNIT
AMOUNTNO. QUANTITY PRICE
Water Quality Basin-Application of Pre-and Post--
Emergent Herbicides
Maintain gravel-surfaced roadways within the areas shown on
Figure 3 (Approximately 18,000 square feet) in a weed-free
condition. The per-event bid includes the application of
herbicides within a one-year period. Herbicides shall only be15.
used on the gravel roads. The contractor will be responsible for
3 Per Event $1,000 $3,000
using the proper materials and application of these herbicides.
Clearing of significant vegetation growth on the gravel roads,
other than the clearing of regrowth vegetation described in Bid
Item No. 14, will be the responsibility of the contractor with
offsite disposal.
Water Quality Basin-Litter and Debris Removal
16.
Remove litter and debris in and around basin area. This bid
6 Per Event $1,000 $6,000itemincludesdisposalofdebris offsite in a proper manner.
Debris collection shall occur as requested.
Water Quality Basin- Drainage and Filter Medium
Replacement
Drain water in basin. Scrape and remove clayey material along
17
bottom of the basin with offsite disposal. Replace filter medium
1 Per Event $60,000 $60,000atthebottomofbasinwith4inchesofpermeablesoilmaterial
as specified in Appendix D of the Stormwater and
Hydromodification Management Plan. For bidding purposes,
estimate 475 cubic yards of permeable soil replacement.
Water Quality Basin-Standpipe Outfall Pipes
Drain water in basin. Excavate clayey material from around
18
bottom of the standpipe within a 5-foot radius from the two 6-
1 Per Event $2,000 $2,000inchdiameteroutfallpipeswithoffsitedisposal. Line semi-
circular excavation with riprap underlain with a non-woven filter
fabric along the semicircle to a height of approximately 3 feet.
Page 3 of 3
APPENDIX B
Fallon Village Geologic Hazard Abatement District (GHAD)
Fee and Rate Schedule
October 18, 2017 to June 30, 2020
Landscape/Erosion control Laborer.....................................................$33.00/hour
Landscape/Erosion control Foreman ..................................................$60.00/ hour
Construction Laborer...........................................................................$60.00/ hour
Operating Engineer/Foreman..............................................................$87.00/ hour
Bobcat(tracked) operated.................................................................$125.00/ hour
Excavator(15k lbs.) operated ...........................................................$140.00/ hour
Dozer(d4) operated..........................................................................$140.00/ hour
Compactor(37k lbs.) operated..........................................................$140.00/ hour
Excavator(45k lbs.) operated ...........................................................$165.00/ hour
Dump truck(trash) ..............................................................................$75.00/hour
Dumptruck(10 wheel)........................................................................$95.00/hour
Supplies or rented equipment......................................................... cost+fuel+15%
Power tool (jumping jack, weedeater).................................................$10.00/hour
Lowboy (mobilization) .......................................................................$100.00/ hour
APPENDIX C
Fallon Village Geologic Hazard Abatement District (GHAD)
Workers' Compensation Insurance Certification
As stipulated in the Labor Code, Section 1861 each contractor to whom a public works
contract is awarded shall sign and file with the awarding body the following certification prior
to performing the work on the contract:
I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions
before commencing the performance of the work of this contract."
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ATTACHMENT 1
RESOLUTION NO. - 20
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE SCHAEFER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
* * * * * * * * * * *
APPROVING AN AMENDMENT TO THE AGREEMENT WITH
APEX GRADING INC.
WHEREAS, on October 18, 2017, the GHAD approved an agreement for Geologic
Hazard Abatement District maintenance services (Agreement) with Apex Grading Inc. for
$552,700.00; and
WHEREAS, the GHAD wishes to amend the terms of the Agreement to extend the
duration of the contract to June 30, 2022.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Schaefer Ranch GHAD approves the amendment to extend the duration of the Agreement
with Apex Grading Inc. for Geologic Hazard Abatement District maintenance services until
June 30, 2022, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the GHAD Manager is authorized and directed to
execute the amendment and such other documents, and to take such other and further
action, as necessary and appropriate to carry out the Intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2020, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chair
ATTEST:
_________________________________
GHAD Clerk
i
AMENDMENT #1 TO CONTRACTING SERVICES AGREEMENT BETWEEN
SCHAEFER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT (GRAD)
AND APEX GRADING INC.
WHEREAS, on October 18, 2017, the Schaefer Ranch GRAD
(hereinafter referred to as "GRAD") and Apex Grading Inc. (hereinafter referred to as
"CONTRACTOR") entered into a Contracting Services Agreement for Geologic
Hazard Abatement District maintenance services (hereinafter referred to as the
"AGREEMENT"); and
WHEREAS
GRAD staff desires curve
Agreement t
the Agreement; and
he existing AGREEMENT terminatesl on June 30, 2020 and
and additional services to extend to June 30, 2022;
WHEREAS,, the GRAD and CONTRACTOR now wish to amend
� t
nt
o extend the duration of the contract to June 30, 20, 2, modify Section
I
I
i
the
1 of
NOW THEREFORE, for goad and valuable consideration, the sufficiency
of which is hereby acknowledged, #fie AGREEMENT is amended as follows:
replaced ith the following:
Section 1 is hereby rescinded in its entirety and
1. SPECIAL TERMS
(See Secs. 2, 3)
(See Sec. 3)
See Sic. 4}
See Sec. 4
(See Sec. 5
These special terms
are incorporated' below by reference.
Parties: Agent — Schaefer Ranch, Geologic Hazard
Abatement District (GRAD)
Contractor — Apex Grading Inc., P.O. Box
5367, Concord, C A 94524
1
Effective Date of Original Contract: October 18, 2017
1
Effective Date of Contract Amendment #1: July 1, 2020
Project Name, Number and Location: Schaefer Ranch
GRAD, 4748,002.019,, Oublin, CA
The work consists of: Scope of Services described in
Appendix A.
Duration: July 1, 2020 to June 30, 2022
GHAD's Agent-. Linda Smith, GRAD Manager
Contract #:
Contract Limit for Contract Amendment #1: $216,000-00
Payment Terms: Appendix A
(See Sep. 6} Federal Taxpayees I.D. or Social Security No.:
f
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lI
4
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date and year first above written.
SCHAEFER RANCH GHAD
Dated:
ATTEST:
By:
Marsha Moore, GHAD Clerk
APEX GRADING INC.
Dated: S-& 19 *- '& 0 Z. 0
3524953.1
By:
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r
By:
Linda Smith, GHAD Manager
Jason Fifield. President
CONTRACT
1. SPECIAL TERMS. These special terms are incorporated below by reference.
See Secs.2, 3) Parties: Agent— Schaefer Ranch Geologic Hazard Abatement District(GHAD)
Contractor—Apex Grading, P.O. Box 5367, Concord, CA 94524
Effective Date: October 18,2017
See Sec.3) Project Name, Number and Location:Schaefer Ranch GHAD
The work consists of:Scope of Services described in Appendix A.
See Sec.4) Duration: October 18,2017,to June 30, 2020
See Sec.4) GHAD's Agent: Christopher L. Foss,GHAD Manager
See Sec.5) Contract#:
Contract Limit: $552,700
Payment Terms: Appendix A
See Sec.6) Federal Taxpayer's I.D Social Security No.:
2. SIGNATURES&ACKNOWLEDGMENT T se atures attest the parties'a nt hereto:
Foss,
GHAD, By:—
Christopher L. Fo , Sch efer anch GHAD Manager
See Sec.24) Contractor ( 4Qfk hereby also certifying awareness of
and complianceywith Code ections 1861 and 3700 concerning Workers'
Compensation Law,
O-V
signate official capaci in th business)
grcus S45-0 f,i
By:
Designate offktal capacity in the business) J
Note to Contractor: 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 secretary,
assistant secretary, chief 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
County of A Cc Co
Onne L 2 2S21T_before me, --- 9cTb)
u I C
insert name and titleof the ffi r)
Personally appeared C C r t `r, , F.l j 0
Who proves to me on the basis of satisfactory evidence to be the person whose name is/ subscribed to the
within instrument and acknowledged to me that he/s/t e)y executed the same in his/h /thirauthorized
capacity(i and that by his/ r/th Wsignature on the instrument the person(,a'j or the Entity upon behalf of which
the pers6nwacted,executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official sea
Signature Seal) KATHLEEN PATTEN
COMM. #2199542 z
zaNotaryPublic• California o
Contra Costa County
Comm.Expires 29,2021+
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document.
State of California CONTRA COSTA
County of
MUKESH P PATEL NOTARY PUBLIC
On Oil? ,before me,
Date Here Insert Name and Title of the Officer
personally appeared 1 L U S Q P F i E L D
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person($] whose name(,$] is/ire
subscribed to the within instrument and acknowledged to me that he/94e4hey executed the same in
his/heI44heir authorized capacity(iee),and that by his/heAW;e*signatureX on the instrument the person(Ol
or the entity upon behalf of which the person(,5(acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
M' SH P. PAT L is true and correct.
COMM.S 2190501`
NOTARY PUBLIC•CALIFORNIA WITNESS my hand and official seal.
CONTRA COSTA COUNTY
Comm.E*res MAY 4,2021
Signature
Signature of Notary Public
Description of Attached DocumentT_Title or Type of Document:
65,Zj700 . 00
3. WORK CONTRACT,CHANGES.
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) GHAD reserves the right to modify Contractor's scope of work under this Contract. However, the terms, conditions, and
scope of work set forth in this Contract may not be modified except by written authorization of the GHAD representative,nor
shall Contractor be paid for any work unless authorized by the GHAD in writing prior to the execution of the work.
4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed by the General Manager or his Agent in
the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS.
5. INDEPENDENT CONTRACTOR. Contractor is an independent contractor and is solely responsible for the means
and methods of performing the work set forth in this Contract.Contractor shall have no power or authority by this Contract to
bind the GHAD in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status.
All employees,agents,contractors,or subcontractors hired or retained by the Contractor are employees,agents,contractors,
or subcontractors of the Contractor and not of the GHAD. The GHAD shall not be obligated in any way to pay any wage
claims or other claims made against contractor by any such employees, agents, contractors, or subcontractors or any other
person resulting from performance of this Contract.
6. REVIEW OF PROJECT DOCUMENTS. Contractor warrants that it will review appropriate project documents, including any
plans,specifications and reports, inspect the project site, and satisfy itself as to the conditions under which the work is to be
performed, including any subsurface or latent conditions. Contractor understands that the conditions encountered by
Contractor may differ from those anticipated by Contractor and agrees to bear the risk of such difference in conditions.
Neither the time in which the work is to be performed, nor the cost of performing such work, shall be increased because of
unforeseen or unanticipated site or project conditions.
7. WARRANTIES AND GUARANTIES. Contractor warrants that its work shall be free from defects and shall be suitable for the
use intended. In the event that any deficiencies in Contractor's work are discovered within one year after completion of the
project, Contractor shall, at its sole cost, repair, replace or repeat any defective work, including repair of any portion of the
project or property damaged by repair, replacement or repeating of defective work. This warranty is in addition to any other
remedy which the GHAD may have for defective work of Contractor.
The individual or individuals signing this Contract on behalf of Contractor warrant that they are authorized to bind
Contractor to this Contract and guarantee Contractor's performance of the work set forth under this Contract.
8. PAYMENT. The GHAD shall pay Contractor for 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 the GHAD to
Contractor, provided that Contractor submits copies of receipts and, if applicable,a detailed mileage log to the GHAD. In no
event shall the total amount paid to Contractor exceed the payment limit(s) specified in the contract limit set forth in
Section 1, SPECIAL TERMS without prior written approval of the GHAD. Contractor's billing statements shall be submitted
at convenient intervals approved by the GHAD and shall list, for each item of services, the employee categories, hours
and rates. Contractor's billing statement shall be submitted at the completion of work described in Appendix A.
9. PAYMENTS WITHHELD.
a) The GHAD or its Agent may withhold any payment or, because of later discovered evidence, nullify any or all
certificate for payment, to such extent and period of time only as may be necessary to protect the GHAD from loss
because of:
1) Defective work not remedied,or uncompleted work,or
2) Claims filed or reasonable evidence indicating probable filing,or
3) Failure to properly pay subcontractors for material or labor,or
4) Reasonable doubt that the work can be completed for the balance then unpaid,or
b) The GHAD shall 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 any defective work or parts.
10. INSURANCE. Contractor shall maintain continuously during the life of this Contract at its sole cost and expense, and shall
require its subcontractors to maintain, the following minimum insurance requirements with all insurance carriers rated A-
VII or better by AM Best.
a) Workers' Compensation Insurance and Employer's Liability Insurance with limits of not less than $1,000,000.00 per
accident. The insurer, shall waive all rights of subrogation against the GHAD and its officers, employees, agents and
volunteers for loss arising from work performed under this Contract. Contractor is aware of and complies with Labor
Code Section 3700 and the California Workers'Compensation Law.
Page 2 of 4
b) Comprehensive General Liability with limits of not less than $1,000,000 Per Occurrence/$2,000,000 Aggregate
applicable to bodily injury,sickness,or death in any one occurrence and not less than$1,000,000 for loss of,or damage
to, property in any one occurrence and $2,000,000 Aggregate. This coverage shall include the following:
1)Comprehensive form; (2) Premises operations; (3) Underground explosion and collapse hazard; (4) Products
completed operations; (5) Contractual liability; (6) Independent contractors; (7) Broad form property damage;
8)Personal Injury.The policy form must be a Commercial General Liability policy written on CG0001 form Waiver
of Subrogation required.
c) Automobile Liability covering all owned, non-owned, or hired vehicles used by Contractor with limits of not less than
2,000,000 applicable to bodily injury, sickness, or death of any one person per occurrence and $1,000,000 for loss of
or damage to property in any one occurrence.
d) The policies under b) and c) above shall: (1) name the GRAD, its officers, employees, agents, and volunteers as
Additional Insureds; (2) be primary to any other insurance maintained by The GHAD; (3) contain a severability-of-
interest or cross-liability provisions; (4) provide 30 days advance notice to The GHAD in the event of any non-
renewal, cancellation, restriction, or modification of insurance. The GHAD reserves the right to request additional
certificates of insurance on a project by project basis.
e) Contractor shall provide the GHAD with satisfactory evidence of the above-stated coverages prior to commencement
of the services set forth in Section 1,SPECIAL TERMS. Failure to maintain such coverages is a material breach of this
Contract. No payment shall be due Contractor for any work performed during a period or periods in which the
insurance coverages were not in effect.
11. BONDS. Contractor shall provide, if the contract price exceeds $25,000, at the time of the execution of the Contract, and
at no additional expense to the GHAD, a surety bond executed by an admitted surety insurer in an amount equal to at
least one- hundred percent (100%) of the contract price as security for the faithful performance of said Contract.
Contractor shall provide, at the time of the execution of the Contract, and at no additional expense to the GHAD, a surety
bond executed by an admitted surety insurer in an amount equal to at least fifty percent (50%) of the contract price as
security for the payment of all persons performing labor and furnishing materials in connection with said Contract. Sureties
on each of said bonds shall be satisfactory to the GHAD.
12. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the GHAD or its agent(s), to
supply sufficient materials or workmen to complete this Contract and work as provided herein, for a period of 10 days or
more after written notice thereof by the GHAD, the GHAD may furnish necessary materials or workmen and deduct the
reasonable expenses(including attorney's fees)thereof from the contract price.
13. TERMINATION. This Contract may be terminated by the GHAD,without cause, on seven days written notice to Contractor.
Contractor may terminate this Contract upon thirty (30) days' written notice to the GHAD. In the event of termination,
Contractor shall be paid for all work performed prior to termination less the cost of remedying any defective work performed
by Contractor.The indemnifications,insurance,liens and job site safety obligations survive termination of this Contract.
14. NON-ASSIGNMENT. Contractor shall not delegate or assign the obligations of this Contract without prior written
approval of the GHAD.
15. COMPLIANCE WITH LAWS/PERMITS/LICENSES. The Contractor shall perform services in accordance with all applicable
state and federal laws, regulations, ordinances, permits, licenses, and other rules of the state, territory, or political
subdivisions where the services are performed and/or provided.The parties specifically stipulate that the relevant penalties
and forfeitures provided in the Labor Code, especially in Sections 1773 through 1777 and 1810 through 1815,
concerning prevailing wages and hours,shall apply to this Contract.
16. LIENS. Contractor shall discharge at once or bond or otherwise secure against all liens and attachments which are filed in
connection with the services, and Contractor shall indemnify, defend and save the GHAD, and the owners of the premises
on which the services are performed, or to which the services relate, harmless from and against any and all loss, damage,
liability and claims thereof resulting from such liens and attachments.
17. SURVIVAL. This Contract binds the heirs, successors, assigns, and representatives of Contractor; but Contractor 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 GHAD
and the Contractor's surety or sureties,unless they have waived notice of assignment.
18. NO WAIVER BY GHAD. Inspection of the work and/ or materials, or approval of work and/or materials inspected, or
statement by any officer, agent or employee of the GHAD indicating the work or any part thereof complies with the
requirements of payments therefore, or any combination of these acts, shall not relieve Contractor of his obligation to fulfill
this Contract as prescribed; nor shall the GHAD be thereby estopped from bringing any action for damages or
enforcement arising from the failure to comply with any of the terms and conditions hereof.
Page 3 of 4
19. INDEMNITY. Contractor shall hold indemnify, defend and hold harmless the GRAD and its elective and appointive
boards,commissions,officers,agents and employees from and against any and all claims, liens or encumbrances.damages,
liability, suits, actions and expenses, including reasonable attorney's fees, relating to any and all losses or damages
sustained by or alleged to have been sustained by employees of the parties hereto, and arising from Contractor's
performance or failure to perform the services set forth in this Contract,or failure to comply with any regulatory guidelines
and/or requirements. Contractor shall not be required to indemnify and hold harmless the GHAD and its elective and
appointive boards, commissions, officers, agents and employees from claims, damages or liability caused by the sole
negligence or willful misconduct of the GHAD.
20. JOB SITE SAFETY. Contractor shall be solely responsible for the safety of persons or property on,or adjacent to the job
site. Contractor shall be responsible for its activities and the activities of its subcontractors'or agents'employees on the
job site with respect to job site safety. Neither the professional activities nor the presence of the GHAD or its agents,
employees,contractors,and subcontractors shall be understood to control the operations of others. In addition,Contractor
shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to the GHAD a detailed plan
shovAng the design of shoring, bracing• sloping,or other provisions to be made for worker protection from the hazard of
caving ground during trench excavation.
21. RECORD RETENTION. Except for records delivered to the GHAD,Contractor shall retain,for a period of at least five(5)
years after Contractors 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 the GHAD, Contractor shall make such records available to the GHAD, or to authorized representatives of
the state and federal governments,at no additional charge and without restriction or limitation on their use.
22. RENTAL AND WAGE RATES, The statement of prevailing wages appearing in the Equipment Rental Rates and General
Prevailing Wage Rates, on file at the GHAD,is hereby specifically referred to and by this reference is made a part of this
Contract.
23. CLAIMS. As applicable by statute, if a dispute arises out of or related to this Contract, or the breach thereof, and if the
dispute cannot be settled through direct discussions, the parties shall, before initiation of any litigation or arbitration,
endeavor to settle the dispute by mediation with the assistance of a neutral mediator.The mediator shall be selected through
the mutual agreement of the parties, but if agreement as to the mediator is not achieved within 14 days after either party
requests mediation in writing, then each party shall select a neutral representative and the neutral representatives shall
meet and select a mediator. Should litigation be initiated after the mediation, the prevailing party shall be entitled to
reasonable costs of defense,including attorney's fees,expert witness fees, and court costs.
24. WORKERS' COMPENSATION INSURANCE CERTIFICATION.Contractor shall sign,and comply vrith the terms of,the
certification required under Labor Section 1861,attached to this Contract as Appendix C.
25. INTEGRATION AND SEVERA81L1TY. This Contract and all Exhibits and Appendices attached hereto, represent the entire and
integrated agreement between Contractor and the GHAD and supersede all prior negotiations,representations,or agreements
either written or oral between the parties.Should any portion or this contract be held invalid,the remaining portions shall
continue as if the invalid portions had not been part of this Contract.
26. INSPECTION AND REVIEW.GHAD reserves the right to inspect supplies and equipment delivered,and services performed,
to determine conformance writh the specifications and requirements set forth in the scope of work,Section 1,SPECIAL
TERMS.
27. AMENDMENT.The parties may amend this Contract only by a writing signed by all the parties.
28. ATTORNEYS'FEES. If a party to this Contract brings any action, including an action for declaratory relief,to enforce or
interpret any provision of this Contract,the prevailing party shall be entitled to reasonable attorneys' fees in addition to any
other relief to which that parry may be entitled. The court may set such fees in the same action or a separate action brought
for that purpose.
29. VENUE. In the event that either party brings any action against the other under this Contract,the parties agree that venue
shall be proper only in the County of Alameda or in the United States District Court for the Northern District of Califo(nia.
30. DISCRIMINATION. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment
discrimination includes,but is not limited to,employment discrimination based upon a person's race,religious creed,color,
national origin,ancestry,physical handicap,medical condition, marital status,gender,citizenship or sexual orientation.
Approved as to Form:
Adam Lindgren,Schaefer Ranch GHAD) rney
Page 4 of 4
APPENDIX A
Schaefer Ranch Geologic Hazard Abatement District (GHAD)
Scope of Services
SCHAEFER RANCH GHAD, CITY OF
I
ITEM
DESCRIPTION
ESTIMATED
UNIT
UNIT
AMOUNT
NO. QUANTITY PRICE
Emergency Vehicle Access/Maintenance
Roadway—Clearing of Vegetation
Remove vegetation from and adjacent to
gravel-surfaced roadway within the areas shown
1
on Figure 2 (Approximately 4,500 lineal feet)to 1 Per Event $2,500 $2,500
maintain an average road width of about 12 feet
or the gravel-surfaced width, whichever is
greater. Includes proper offsite disposal. The
initial clearing of vegetation shall occur no later
than January 30, 2018.
Emergency Vehicle Access/Maintenance
Roadways—Application of Pre-and Post-
Emergent Herbicides
Maintain gravel-surfaced roadways within the
areas shown on Figure 2 (Approximately 4,500
lineal feet) in a weed-free condition. The per-
event bid includes the application of herbicides
2. within a one-year period. The contractor will be 3 Per Event $4,000 $12,000
responsible for using the proper materials and
application of these herbicides. Clearing of
significant vegetation growth on the gravel roads,
other than the clearing of regrowth vegetation
described in Bid Item No. 1, will be the
responsibility of the contractor with offsite
disposal.
Maintenance Roadways and Selected Areas—
Clearing of Vegetation
Cut vegetation on the earth-surfaced
3
maintenance roadways(approximately 400 lineal
6 Per Event $1,500 $9,000
feet)to a maximum height of 3 inches(Figure 1).
The per-event bid includes the removal of
vegetation from the maintenance roadways area
and offsite disposal.
Vegetation Management Zone
Cut grasses and perennial vegetation to 3 inches
or less in height for a minimum width of 30 feet
Figure 2). Intentionally planted shrubs and trees
to remain. Annual vegetation may be disposed of
4
on site within vegetation management areas if
3 Per Event $11,000 $33,000
spread to a thickness of less than 3 inches.
Perennial vegetation shall be removed from the
site and disposed of in a proper manner.
This bid item shall be completed between May 1
and June 1 of each year_
Page 1 of 3
SCHAEFER RANCH GHAD, CITY OF DUBLIN,
I
ITEM•
AMOUNT
Open Space–Litter Collection and Removal
Remove and dispose of household debris/litter
within the open space parcels. This does not
5. include any hazardous waste or large item 12 Per Event $500 6,000
collection or disposal. This bid item includes
disposal of litter debris offsite in a proper manner.
Debris collection shall occur as requested.
Concrete-Lined Drainage Ditch Cleaning
Clean the concrete-lined drainage ditches as
described below. This bid item shall be
6. completed between September 1 and October 31 3 Per Event $8,800 $26,400
of each year. The concrete-lined ditches included
in this bid item are shown on Figure 2 with a total
length of approximately 50,000 lineal feet.
Detention Basins Maintenance-Vegetation
Removal
Remove woody vegetation in excess of 5 feet in
height to within 6 inches of the ground surface.
7. This does not include cattail removal. No heavy 3 Per Event $2,500 $7,500
equipment will be used. The clearing of
vegetation will be completed once a year.
Includes proper offsite disposal. (Detention
Basins A, B, and C, Figure 2).
Detention Basins Maintenance- Litter and
Debris
Remove vegetation and debris from outfall
8. structure grates within the three basins. The per- 6 Per Event $1,500 $9,000
event bid includes the removal of materials from
the outfall structures and proper offsite disposal
Detention Basins A, B, and C, Figure 2).
Detention Basins Maintenance-Desilting
Basin
Removal of excess sediment from Detention
Basins A, B, or C, as shown on Figure 2. No
9 heavy equipment will be used within the basin
100
Cubic
100 10,000
unless authorized by the GHAD Manager. Yard
Payment will be based on actual volume of
sediment removed. For bidding purposes, use
estimate of 100 cubic yards of sediment removal.
Includes proper offsite disposal.
Expose 6-inch-diameter, non-perforated
subdrain outfall pipe.
Excavate subdrain outfall pipe. Location to be
10. staked by the GHAD. Depth expected to be less 10 each 150 1,500
than about 3 feet. For bidding purposes,
estimate 2 hours to expose each of the subdrain
outfalls.
Subdrain Outfall Structure
Construct subdrain outfall structure as shown on
11.
the attached Figure 3. Includes excavation, filter
10 each $2,000 $20,000
fabric, riprap, fittings, trenching (if needed),
backfill and compaction. Payment will be based
on actual quantity of outfall structures installed.
Page 2 of 3
SCHAEFER RANCH • CITY OF DUBLIN,
I
ITEM•
AMOUNT
Subdrain Marker
Construct subdrain marker as shown on the
12. attached Figure 4 including excavation. Payment 10 each 500 5,000
will be based on actual quantity of outfall markers
installed.
Page 3 of 3
APPENDIX B
Schaefer Ranch Geologic Hazard Abatement District (GHAD)
Fee and Rate Schedule
October 18, 2017, to June 30, 2020
Landscape/Erosion Control Laborer...................................................$33.00/hour
Landscape/Erosion Control Foreman .................................................$60.00/ hour
Construction Laborer...........................................................................$60.00/ hour
Operating Engineer/Foreman..............................................................$87.00/ hour
Bobcat(tracked) operated.................................................................$125.00/ hour
Excavator(15k lbs.) operated ...........................................................$140.00/ hour
Dozer(d4) operated..........................................................................$140.00/ hour
Compactor(37k lbs.) operated..........................................................$140.00/ hour
Excavator(45k lbs.) operated ...........................................................$165.00/ hour
Dump truck(trash) ..............................................................................$75.00/ hour
Dump truck(10 wheel)........................................................................$95.00/ hour
Supplies or rented equipment......................................................... cost+fuel+15%
Power tool (jumping jack, weedeater).................................................$10.00/ hour
Lowboy (mobilization) .......................................................................$100.00/hour
APPENDIX C
Schaefer Ranch Geologic Hazard Abatement District (GHAD)
Workers' Compensation Insurance Certification
As stipulated in the Labor Code, Section 1861 each contractor to whom a public works
contract is awarded shall sign and file with the awarding body the following certification prior
to performing the work on the contract:
I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions
before commencing the performance of the work of this contract."
Contractor: AOe_x I'm 41 y
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