HomeMy WebLinkAboutMINUTES - 10081991 - 1.12 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 8, 1991
SUBJECT: FORTH AMENDMENT TO BLAKEMONT GEOLOGIC INVESTIGATION AGREEMENT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND.JUSTIFICATION
L' Recommended Action:
APPROVE and AUTHORIZE the Chairperson to execute the attached agreement with Blakemont
Property Owners Association, extending the April 1985 agreement.
II. Financial Impact:
None to County. Terms of the original agreement which govern payments to a third party
consultant remain unchanged with respect to County.
ill. Reasons for Recommendations and Background:
On April 8, 1986, this Board approved the agreement between County and Blakemont Property
Owners Association to develop a plan of control for the Blakemont landslide by a consulting
engineering geologist. Measurement of the landslide movement during winter and spring rainy
periods is required. Movement has been negligible for five years; therefore, it is necessary to
extend the agreement to provide for measurements during the 1991-92 and 92-93 rainy seasons.
The attached fourth amendment to the April 8, 1986 agreement extends the agreement to
October 31, 1993.
Continued on Attachment: SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON OCT APPROVED AS RECOMMENDED_� OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES
ABSENT: ABSTAIN:
1 hereby certify that this is a true and correct copy of
MFK:ly an action taken and entered on the minutes of flys
a:BO\8.'t1 Q Board of Supervisor, the dte spylr�.
Attachment ATTESTED: ___. __ Vi
ll
BATCHELOR,Cltrk of the Board
Orig. Div: Public Works (AD) of Supervisors and County Administrator
cc: County Administrator
Community Development By .. -..=',Deputy
County Counsel
PW - Engineering Services
PW -Accounting
Blakemont Homeowners Assoc. (via PW)
FOURTH AMENDMENT TO AGREEMENT
Blakemont Geologic Hazard Abatement District
Geological Investigation Works
1. Parties
Effective on October 8, 1991, the County of Contra Costa, a political subdivision of the State of
California, hereinafter referred to as'COUNTY', and the Blakemont Property Owners Association,
a non-profit corporation, hereinafter referred to as 'ASSOCIATION', mutually agree and promise
as follows:
2. Purpose
The parties desire to amend the agreement they entered into effective April 8, 1986, entitled
'AGREEMENT--Blakemont Geologic Hazard Abatement District-Geological Investigation Work'.
The original agreement required completion by ASSOCIATION of the geologic investigation,final
project reportand other project work by October 8, 1987. The work could not be completed on
schedule due to the lack of landslide movement during the winters of 1986-87, 87-88, 88-89, and
89-90, therefore the agreement was extended to October 31, 1991. Once again this past rainy
season little movement occurred, and since monitoring the movement is important to arrive at firm
conclusions for a plan of control, the parties desire to extend the completion date to allow
measurements during the 1991-92 and 1992-93 winter and spring, and subsequent preparation
of the final project report.
3. Completion Date
Subpart (a)(5) of Section 7 (PROJECT REPORT) is amended to read:
(5) The soils engineer shall complete all Project work, including delivery of the final
Project report, no later than October 31, 1993. Should the soils engineer fail,for any
reason,to meet this deadline,the contract shall terminate,at ASSOCIATIONS's option
and subject to the COUNTY's prior written consent, without further notice. In the
event of such termination, the soils engineer shall deliver to COUNTY and
ASSOCIATION without delay all Project materials prepared to date, including the
notes and results of surveys, field explorations, monitoring and engineering.
4. Remaining Provisions
All other provisions of the agreement between COUNTY and ASSOCIATION,including the exhibits
attached thereto, shall remain unchanged and in full force.
5. Signatures
These signatures attest the parties' agreement hereto:
COUNTY ASSOCIATION
By: By. -
T rn Powers, ChairP/Fs Board of Supervisors
Phil Batchelor, Clerk of the Board of By: "—A
Superbis.,rs and Cs;unty Adb33inistrator Secrgtaq
A st: Phil Batchelo
C Adminis or a
Clerk of and of Sup rvis
By:
D uty
Note to ASSOCIATION: (1) Execute acknowledgement form below, and (2) if a corporation, signatures
must conform.to designated representative groups pursuant to Corporation Code Section 313.
ACKNOWLEDGEMENT
State of California
ss.
County of Contra Costa )
On this 13th date of .. September , 1991, before me, the undersigned Notary Public, personally
appeared Janice E. . Parker and Marv. Lunn Cox ,.personally known to be (or proved to me on
the basis of satisfactory evidence) to be the persons who executed the within instrument as President
and Secretary, of the corporation therein named and acknowledged to me that such
corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
RECOMMENDED FOR APPROVAL:
J. MICHAEL WALFORD �p
Public Works Director o�
NOTP14Y PUBLIC
By: f12 �
Milton F. Kubicek, Deputy Director
OFFICIAL SEAL
(Seal) KERBY L. PARNELL
NOTARY PUBLIC-CALIFORNIA
APPROVED AS TO FORM: CONTRA COSTA COUNTY
VICTOR J. WESTMAN My Commission Expires March 23, 1993
County Counsel
By: 61
Deputy
MFK:ly
ctlkemont.agr