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HomeMy WebLinkAbout66-133RESOLUTION N0. 66-133 1~ ',2 '3 4 5 6. 7`. 8 ~' 10 it 12 13 14. 15 is 17 is 19 20. 21 22 I 23 24. 25 28 2Z 28 29 30 31 32 BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION IN RE CLAIM FOR COMPENSATION ON EMPRESS CONTRACT AGAINST THE STATE OF CALIFORNIA BE IT RESOLVED BY THE BOARD OF SUPERVISORS O.F THE COUNTY OF BUTTE, STATE aF CALIFORNIA, as follows: 1. That said board hereby adopts and approves the claim for compensation on. express contract against the State of California in the sum of $24,442.64, plus further amounts that may accrue, dated this 30th day of August, 1966, and said board hereby authori- zes the chairman thereof to execute said claim on behalf of said board and on behalf of the County of Butte, and to cause the same to be filed with the Board of Control of the State of California. 2. That the County Counsel and Special Counsel of the County of Butte are hereby authorized to do any and all things necessary and required to perfect said claim, including the filing of suit thereon. 3. That the Clerk of this board attach a certified copy of this resolution to said claim and each copy thereof. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 30th day of August, 1966, by the following vote: AYES; 5ape~:visors Hotasden, klaYan, McICillop, Pryde and Chairman Giles NOES : None ABSENT: None ~~ GIZES~~, C irm~~ Butte County Board of Supervisors ATTEST: JESSIE ROGERS, County Clerk and ex-officio Clerk of the Board of Supervisors ~ ~~~ By --- , ~-~-=oc~i Deputy BEFORE THE BOARD OF CONTROL, OF THE STATE OF CALIFORNIA In the Matter of the Claim of the COUNTY OF BUTTE against the STATE OF CALIFORNIA CLAIM FOR COMPENSATION ON EXPRESS CONTRACT The County of Butte (hereinafter referred to as the "County") hereby makes claim against the State of California in the sum of $24,~+~+2,64 plus such further amounts as may accrue as the result of the matters giving rise to this claim, including the refusal of the State Department of Water Resources to assure the County of compensation as required by contract. In support of-this claim, the County represents as follows: T The post office address of the County for the purposes of this claim is: Department of Public Works County of Butte Attention: Mr. Clay Castlebury, Director 7 County Center Drive Oroville, California. 1. Notices with respect to this claim should be sent to the above address with copies to the following attorneys for the County: Charles Fi. Andrews, Esq. P. 0. Box 3510 Chico, California 9592 Gordon E. Davis, Esq.' Brobeck, Phleger & Harrison 111 Sutter Street San Francisco, California 84104. II This claim arises under Department of T~later Re- sources Agreement No. 353760, dated November 10, 1964, which is an agreement between the State of California and the County for relocation of Oroville-Quincy County Road northerly of the Middle Fork Bridge over the Oroville Dam Reservoir. The contract was executed in connection with construction of the Orovihle Dam and Reservoir because waters impounded by the dam would inundate a portion of the road to be relocated. D4dR Agreement No. 353760 provided for the neces- sary road relocation to be performed under a construction contract to be let by the County and obligated the Depart- ment of ~rlater Resources (hereinafter referred to as the "Department") to pay to the County the Cost of such relo- cation up to maximum amounts specified in Section C 4 of 2. ~;-__-~ the Agreement. Section C 5 of the Agreement provides for increases in the maximum amount payable to the County by the Department, inter alia, as follows: "b. For deferred construction as well as design and construction of the C-6 line reloca- tion, if the County justifies to Department's satisfaction that it has made a bona fide attempt to do such. work at or below the maximums speci- fied and has been unable to do so. c. For work referred to in subparagraph 'b' above, if County justifies to Department's satis- faction that in the course of performing the work specified, it has found that added costs are being incurred because construction has become necessary which is of a distinctly different or more diffi- cult and expensive character than that which was reasonably to be expected or anticipated by Department and County at the time this agreement was entered into." zxx The County claims compensation for added costs being incurred for construction of Canyon Creek Bridge pursuant to DWR Agreement No. 353760 because of conditions which have made its construction a distinctly different or more difficult and expensive character than that which was reasonably to be expected or anticipated by the Depart- ment and the County at the time the agreement was entered into. This claim seeks added compensatian for costs specified in Contract Change Orders Nos. 8, ll and 13, liability for which has been denied by the Department, and Contract Change Order No. 11, Rev. 1, as to which the 3. Q, --;R undersigned is informed and believes the Department has neither accepted nor rejected liability although the County submitted the change to the Department on March 10, 1865. .Each of the Change Orders which are the sub- ~ect of this claim is the result of unstable foundation conditi-ons encountered in construction of footings for piers of the Canyon Creek Bridge, The unstable condi- ~, bons were not detected until actual excavations had begun -and despite reasonable and appropriate prior testing of the subsoil were not expected or anticipated by the County and the Department prior thereto. Each Change Order is -essential to proper construction of the bridge. Each has been approved and authorized by the Department, al- though without acceptance of financial responsibility. 1V Contract Change Order No. 8, submitted to the Department December 2, 1965, required a complete change in the installation of stress steel rock bolts in footings for the Canyon Creek Bridge. The estimated cost of the changed work was $3,000 less than the previously specified work deleted from the construction contract, but the cost is subject to actual determination after completion of the work and may exceed the original contract figure. The ~. Department has denied liability for any cost of Change Order No. 8 in excess of the cost of the work originally specified in the construction contract. No specific amount for any increased cost is included in the amount claimed herein because it cannot now be determined. The County seeks acknowledgment of liability by the State for whatever such increased cost may be. Contract Change Order ~o. 11, submitted to the '' Department January 12, 1866, required construction of a completely redesigned footing for pier 4 of the Canyon • Creek Bridge, including elimination of stress steel rock bolts and altering dimensions of the concrete anchor strut, because of unanticipated unstable foundation conditions. The-total cast of the change was estimated at 17,021.15. • ~. A necessary revision to this work at an added cost of $2,336.00 was encompassed in Contract Change Order 11, Rev. 1, submitted to the Department March 10, 1966. Contract Change Order 13, submitted to the De- partment February 15, 1866, required dimension changes in the footings of Piers 2 and 3 of Canyon Creek Bridge so that they would conform to unanticipated actual rock conditions found during excavation. The estimated cost of this work was X5,085.48. • 5. Estimates of additional cost for all Change Orders were based on the terms of the construction con- tract between the County and Piombo Construction Company and Piombo Corporation. All are subject to adjustment based upon work actually performed, The actual increased cost has not yet been determined. COUNTY OF BUTTE By ~...! / r F.oy Gi es, C a rm~- Board of Supervisors Dated; .; b, STATE OF CALIFO~iNIA ) County of Butte ~ ss. FLOXD GILES, being first duly sworn, deposes and says: That he is Chairman of the Board of Super- visors of COUNTY QF BUTTE, claimant herein; that he has read the foregoing document "Clait~i for Compensation on Express Contract" and la--ows the contents thereof, and that the same is true of his own l~rnowledge, except as to the matters therein stated on information or belief, and as to those matters, that he believes them to be true. ~:1~„~ ~il¢s Subscribed and sworn to before me this .,ns-f~ day of _ j,~x,~:~~sZ ~ 1966. No ary Pu is in and for the County of Butte, State of California