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HomeMy WebLinkAboutMINUTES - 12052000 - C15-C19 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: DECEMBER 5, 2000 SUBJECT: AUTHORIZE PRIOR ISSUANCE BY THE CHIEF ENGINEER OF A TIME AND MATERIALS CONTRACT TO GILBERT EXCAVATING, INC. FOR THE REPAIR OF THE GREENVALLEY CREEK SLIDE AT BUENO COURT, DANVILLE AREA. PROJECT No.: 7520-689363-00 (FCZ 313 100%) Specific Request(s) or Recommendations) & Background &Justification I. RECOMMENDED ACTION: AUTHORIZE prior issuance by the Chief Engineer of a time and materials contract to Gilbert Excavating, Inc. for the repair of the Green Valley Creek Slide at Bueno Court, Danville area. APPROVE payment to Gilbert Excavating, Inc. per Public Contract Code Section 21191 under the equipment rental request contract issued for costs, documented by daily reports, of$58,031.95 for the repair. II. FINANCIAL IMPACT: The estimated contract cost is $58,031.95, funded by Flood Control Zone 3B. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON DECKER 5, 2000 APPROVED AS RECOMMENDED X OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VO�E OF SUPERVISORS UNANIMOUS (ABSENT DECEMBER AYES: NOES: ATTESTED: 5, 2000 ABSENT: ABSTAIN: *(District V Seat is vacant) PHIL BATCHELOR, Clerk of the Board of G:1GrpData\Maint\Sherri\Board Orders\Gilbert Excav 12-5.doc Supervisors and County Administrator Orig.Div: Public Works(Maintenance) Contact: Greg Connaughton, 313-7002 cc: Administration Accounting By 4A4N::: Flood Control Deputy Gilbert Excavating, Inc. p y SUBJECT: AUTHORIZE PRIOR ISSUANCE BY THE CHIEF ENGINEER OF A TIME AND MATERIALS CONTRACT TO GILBERT EXCAVATING, INC. FOR THE REPAIR OF THE GREENVALLEY CREEK SLIDE AT BUENO COURT, DANVILLE AREA. PROJECT No.: 7520-689363-00 (FCZ 3B 100%) DATE: DECEMBER 5, 2000 PAGE: 2 III. REASONS FOR RECOMMENDATION/BACKGROUND: A portion of the rear yard of a resident on Bueno Court was damaged by a channel bank failure in the adjacent section of Green Valley Creek. Due to environmental considerations, the District did not receive approval from the U.S. Army Corp of Engineers to initiate the work until October 10, 2000. Considering the approach of the rainy season and the likelihood of continuing severe damage to the rear yard, if repairs were delayed, the Flood Control District directed Gilbert Excavating to proceed on a time and material basis to accomplish the work within Department of Fish and Game time limitations. The cost of the work was initially estimated to be less than $49,000. Once work was underway, unforeseen site conditions required expenditures totaling $58,031.95. IV. CONSEQUENCES OF NEGATIVE ACTION: Proper authority may not be obtained for this work. TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS,BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT(GRAD) FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR DATE: DECEMBER 5, 2000 SUBJECT: APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)AND WILLIAM R.GRAY AND COMPANY,INC.,DANVILLE,CALIFORNIA,FROM$210,000 TO$340,000 FOR CALENDAR YEAR.2000 ONLY. (WO#5147) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)tot BACKGROUND AND JUSTIFICATION I. Recommended Action.: APPROVE and AUTHORIZE the Public Works Director to execute an amendment to the Consulting Services Agreement between the Blackhawk GHAD and William R. Gray and Company, Inc, for professional services related to the management and maintenance of the Blackhawk CHAD from$210,000 to $340,000 for calendar year 2000. II. Financial Impact: No impact on the County General Fund. The Blackhawk GHAD is funded through revenues generated by County Service Area M-23. Continued an Attachment:I SIGNATURE: _RECOMMENDATION OF COUNT'ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON DECEMBER S, 2006PPROVED AS RECOMMENDED X OTHER_ 1 hereby certify that this is a true and correct copy of an action VRTE OF SUPERVISORS taken and entered on the minutes of the Board of Supervisors UNANIMOUS(ABSENT_ %'� ) on the date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: DECEMBER 5, 2000 "(District V Seat is vacant) PHIL BATCHELOR, Clerk of the Board of Supervisors and SE:drf County Administrator G:\OtpDaW,SpDist\Board Ordcn\2009\12 Deeanber\Board Order 12-5 SpecialDistricts.doc Orifi.Div: Public Warks(Special Districts) Contact: Ship Epperly(313-2253) cc: County Administrator p County Cotner By , Deputy Blackhawk GRAD do William R.Gray and Co. Public Works: Special Districts,A Fong G-lA� SUBJECT: APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE BLACKHAWK.GEOLOGIC HAZARD ABATEMENT DISTRICT(GRAD)AND WILLIAM R. GRAY AND COMPANY,INC.,DANVILLE,CALIFORNIA,FROM$210,000 TO$340,000 FOR CALENDAR YEAR 2000 ONLY. DATE: DECEMBER 5,2000 PAGE: -2- 111. Reasons far Recommendation and Background: The Blackhawk GHAD is located in the Danville area and was formed in 1986. In January of 1999,William R. Gray and Company,Inc.,Walnut Creek, California was appointed as General Manager of the GHAD following a Board approved selection process. The Board of Directors subsequently approved a professional services contract with William R. Gray and Company to provide administrative support, contract administration and other related services,including administration of the GHAD's Preventative Maintenance Program with an annual payment limit of$210,000.00. As William R. Gray and Company has noted in past reports to the Board, expenditures related to the repair of landslides resulting from the El Nino rains in the spring of 1998 have been significant. Over the past few months,William R. Gray and Company has been working to finalize repairs to a large landslide to the rear of 189/190 Silver Pine Lane and supervise the development of plans,specifications and cost estimates for a number of projects including a large landslide on the sixth fairway of the Blackhawk County Club's Lakes Course. Other current projects include two on Blackhawk Meadow Drive as well as a retaining wall failure at Blackhawk Plaza. GRAD expenditures related to the repair of the 1998 El Nino related landslides are now approaching$3.5 million. The project to repair the landslide on the sixth fairway of the Blackhawk County Club's Lakes Course turned out to be much more complex than originally anticipated. The cost of the repair increased significantly from original estimates. A repair contract was awarded Environmental Golf in early September and repair is now underway. The project was complicated due to the fact that the Blackhawk Country Club is renovating its golf course. License Agreements were required with both the Country Club and the Homeowners Association. All of William R. Gray and Company's charges to the GRAD are provided on a time and materials basis. While the $210,000 annual contract payment limit for the GRAD administrative and support services provided by William R. Gray and Company will likely be sufficient in future years, an increase in the contract payment limit for the remainder of this calendar year is now required because of extra work on the following projects: ➢ Sixth Fairway landslide repair—WRG estimates that their charges for work on this project alone will approach$85,000. Given that the total cost of this project will likely exceed$950,000,these charges are reasonable and well within industry standards for similar projects. ➢ Sequoia Terrace—WRG advises that that charges related to the investigation of a potential landside in this area are likely to approach$17,000 because of the need for specialized contractors and unique property owner agreements. ➢ Blackhawk Plaza,Blackhawk Meadow(2)and Red Pine projects—WRG anticipates extra charges for work on these 4 projects to approach$28,000. Again, given that the total cost of these four projects will likely exceed$200,000,these charges appear reasonable and well within industry standards. This proposed contract amendment will increase the contract payment limit in William R. Gray and Company's contract for the remainder of the current calendar year from$210,000 to$340,000. In addition to project related issues,the General Manager has been working to develop and implement a comprehensive preventative maintenance program for the GHAD and to develop and process an update the ll SUBJECT. APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT(GHAD)AND WILLIAM R. GRAY AND COMPANY,INC.,DANVILLE, CALIFORNIA,FROM$210,000 TO$340,000 FOR CALENDAR YEAR 2000 ONLY. DATE: DECEMBER 5,2000 PAGE: -3- III. Reasons for Recommendation and Background{continued GHAD's now 14-year-old Plan of Control. The General Manager has also been required to respond to litigation related to a repair project completed earlier this year. IV. Consequences of Negative Action: Without Board approval, funding to support William R. Gray and Company work with the GHAD would not be sufficient. AMENDMENT TO CONTRACT CONSULTING SERVICES AGREEMENT Effective September 1, 2000, sub-section (e) Payment Limit(s), Paragraph 1, Special Conditions, in the Consulting Services Agreement between the Blackhawk Geologic Hazard Abatement District (CHAD), and William R. Gray and Company, Inc., a California Corporation is hereby amended to increase the contract payment limit for the 2000 annual contract from $210,000.00 to $340,000.00 for calendar year 2000 only. All other terms and conditions in the original contract remain in full force and effect. Signatures: These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONSULTANT Blackhawk CHAD �� By: v)",\ President,William R. Gray a ompany A California Corporation By: Board of Sup rvisors as c�L --- -.�.�_ Board of Directors of the Vice-President,William R. Gray and Company " Blackhawk CHAD A California Corporation Note to Consultant: 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.(Civ Code,Sec. 1190 and Corps.Code Sec.313). The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGEMENT State of California } ` yy } ss: County of Q. > ) On the date written below, before me, h. personally appeared ` u .e 4 g: E, . , personally known to me,to be the persons whose names are sulkicribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. " Dated: �n\ate . (Notary's Seal) NANCY CUNNINGHAM _ GomimWon#k 1221013 Notary Pubflc-colifcxnia Contra Costa County My Cxx r*°t. rlfay23,2tJ03 G:\Blackhawk\Administration\Vendors\WRG&e Company\Contracts\FY 00-01\AMENDMENT to WRG 00-01 Contract.doe TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GRAD FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR DATE: DECEMBER 5, 2000 SUBJECT: APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT (GRAD)AND DMC ENGINEERING, INCREASING THE CONTRACT PAYMENT LIMIT FROM $20,000 TO $45,000 FOR FISCAL YEAR 2000-2001 ONLY, DANVILLE AREA. (WO#5147) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the General Manager of the Blackhawk Geologic Hazard Abatement District (CHAD)to execute an amendment to the Consulting Services Agreement between the Blackhawk GHAD and DMC Engineering for project management services from$20,000 to$45,000 for fiscal year 2000-2001 only. H. Financial lmuact: There will not be any impact on the County General Fund.The Blackhawk GHAD is funded through revenues generated by County Service Area M-23. Continued on Attachment:X_ SIGNATURE: alijA _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON DECEMBER 5, 200e PROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: i hereby certify that this is a true and correct copy ABSENT: ABSTAIN: of an action taken and entered on the minutes of *(District V Seat is vacant) the Board of Supervisors on the date shown. SE:drf \\PWS4\SDARDATA\GrpData\5pDist\Board Orders\2000\12 December\Hoard Order 12-5 SpeciaiDistricts.doc Orig.Div: Public Works(Special Districts) ATTESTED: DECEMBER 5 r 2000 Contact: County dmrly(313-2253) 3) PHIL BATCHELOR, Clerk of the Board of cc: County Administrator BlackhCountyawk wkGRCounsel Supervisors and County Administrator Hlackbawk ti1�AD c/a William R.Gray and Co. 1820 Bonanza Street,#204,W.C.94594 By , Deputy SUBJECT: APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE BLACKHAAWK CHAD AND DMC ENGINEERING, INCREASING THE CONTRACT PAYMENT LIMIT FROM $20,000 TO $45,000 FOR FISCAL YEAR 2000-2001 ONLY,DANVILLE AREA. DATE: DECEMBER 5,2000 PAGE: -2- 111. Reasons for Recommendation and Bachground: The Blackhawk CHAD retained DMC Engineering(DMC)on July 1,2000,to assist with implementation of the GHAD's Major Repair Program under the provisions of Board Resolution 98/329. DMC has been assisting the CHAD with the development of plans, specifications and cost estimates as well as contract bid documents for a number of projects including Blackhawk Plaza,Blackhawk Meadow (2 contracts), and most significantly,the complex repair of a large landslide on the sixth fairway of the Blackhawk Country Club's Lakes Course. Because of the unusually high level of activity over this past year,William R.Gray and Company,Inc.,the GHAD's General Manager has been utilizing the services of DMC more than originally anticipated. The General Manager is satisfied with the quality of services being provided. DMC's services are being provided under a professional services contract. The initial contract payment limit was$20,000. Resolutions 86/370 and 98/329 established Procedures,for Awarding Contracts for Professional and Support Services. Since the proposed amendment will increase the contract payment limit to$45,000,which exceeds the General Manager's approval authority,the proposed amendment is being presented to the Board for consideration. William R.Gray and Company,Inc., as General Manager of the Blackhawk CHAD,is recommending that the Board approve the proposed contract amendment and increase the contract payment limit to $45,000. 1V. Consequences of Negative Action: Without Board approval of this proposed contract amendment,the CHAD would not be able to produce bid documents on schedule and the repair of a number of landslides would be delayed. AMCNDMIENT TO CONTRACT This Contract amendment is effective August 1, 2000, between the Elackhawk Geologic Hazard Abatement District(Public Agency), an agency formed under Section 26500 of the Public Resource Code and DMC Engineering Management Consultants (Contractor), a company doing business at 2547 Toltec Circle, San Raman, CA 94583. WHEREAS, Public Agency and Contractor previously entered into a contract dated July 1, 1999, which Contract was authorized by the General Manager. THEREFORE,Public Agency and Contractor mutually agree to amend said contract to increase the contract payment limit from$20,000.00 to$45,000.00. Tn all other respects. the contract dated July 1, 1999 shall remain in full force and effect. In WITNESS WFMREOF,Public Agency and Contractor have executed this Contract as of date written on the first paragraph of this Contract. PUBLIC AGENCY By: William R. Gray and Company General Manager CONTRACTOR By: Signature) DAL- '4at7wick- Printed name and title of signatory e'lle TGA`. BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: DECEMBER 5, 2000 SUBJECT: APPROVAL OF RESOLUTION FOR SUBMITTAL OF ENVIRONMENTAL ENHANCEMENT & MITIGATION PROGRAM GRANT APPLICATION FOR THE STONE VALLEY ROAD: REPLANTING AND BEAUTIFICATION PROJECT ALAMO AREA. WO 5549 SPECIFIC MQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE adaption of the attached Resolution for submittal of a grant application to the State Resources Agency under their Environmental Enhancement and Mitigation Program for the Stone Valley Road: Replanting And Beautification Project in the Alamo area. II. Financial Impact: There is no impact on the General Fund. The matching funds listed in the grant application are derived from Landscaping/Lighting Assessment District,Zone 36. LL)i )maw Continued on Attachment:X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE ,_,,,,OTHER SIGNATURE(S): ACTION OF BOARD ON DECEMBER 5, 20()6PPROVED AS RECOMMENDED x OTHER I hereby certify that this is a true and correct copy of an action VO'T'E OF SUPERVISORS taken and entered on the minutes of the Board of supervisors on X UNANIMOUS{ABSENT "_. } the date shown. AYES: NOES:_____ SB ABSENT: ABSTAIN: DECEMBER 51 2000 \1PWS41S4\S ATTESTEATTESTED:HARt}ATAtGipDetaLSpDiat\Bomr1 CSrsie�12 Ilccember\Soazd Order 12-5SpecialDistricts.doc Orlyg.Dtv. Public Works(Special Districts) PHIL BATCHELOR,Clerk of the Board of Supervisors and County Contact* Skip Epperly(313-2253) Administrator cc, County Administrator Assessor Auditor-Controller Community Development County Counsel By ,Deputy P.Edmonds,Special Disu icts S.Rembert,Rodeo Recreation Center,470 Parker Ave.,Rodeo,CA 94572 -' (District. V Seat is vacant) el.)," SUryJJI+QCT: APPROVAL OF RESOLUTION FOR SUBMITTAL OF ENVIRONMENTAL ENHANCEMENT & MITIGATION PROGRAM GRANT APPLICATION FOR THE STONE VALLEY ROAD: REPLANTING AND BEAUTIFICATION PROJECT,ALAMO AREA TATE: DECMBER 5, 2000 PAGE 2 III. Reasons for Recommendations and Background: This grant application represents a cooperative community effort to initiate a tree planting project to offset the vehicular emissions experienced due to the widening of Stone Valley Road and the realignment of the Stone Valley Read exit off the 680 freeway in Alamo. The intention of this project is to plant 400 trees,600 shrubs and 4,400 bulbs along Stone Valley Road beginning at Stone Valley Way and ending at St. Paul Drive. This planting would be over and above the trees that were required as part of the CEQA mitigation. IV. Consequences of Negative Action: A negative action will eliminate the possibility of acquiring these grant funds. TH2 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE *(District V Seat is vacant) RESOLUTION NO. 20001 553-- SUBJECT: Application for Grant Funds for the Environmental Enhancement and Mitigation Program Under section 164.56 of the Streets and Highways Code for the Stone Valley Road: Replanting and Beautification Project, Alamo area. WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 146 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and non-profit entities for projects to enhance and mitigate the environmental impacts of modified or new pubic transportation facilities; WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE, BE IT RESOLVE THAT THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY: 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. 2. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. 3. Appoint Maurice M. Shiu, Public Works Director, as agent of the Contra Costa County to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project SE:PE:d€ \GrpData\SpDist\Board Orders\2000\12 December\Board Order 12-5 SpecialDistricts.doc Ong.Dept: Public Works Department(Special Districts) Contact: Skip Epperly(925)313-2253Cc: Cc: Accounting TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT(GHAD) FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR DAVE: DECEMBER 5, 2000 SUBJECT: APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTR.ICT (CHAD) AND WILLIAM R. GRAY AND COMPANY, INC.,DANVILLE, CALIFORNIA,FROM $30,000 TO $40,000 FOR CALENDAR YEAR 2000 ONLY. (WO 5511) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director to execute an amendment to the Consulting Services Agreement between the Wiedemann Ranch Geologic Hazard Abatement District(GRAD)and William R. Gray and Company,Inc. for professional services related to the management and maintenance of the Blackhawk CHAD from$30,000 to$40,000 for calendar year 2000 only. H. Financial Impact: No impact on the County General Fund. The Wiedemann Ranch GHAD is funded through special assessments on properties within the boundaries of the Wiedemann Ranch GHAD. 41�c? /'�t jvomlo 116-1� Continued on Attachment:,X_ SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRA'T'OR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON DECEMBER 5 r 20MPROVED AS RECOMMENDED_,X OTHER V TE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action UNANIMOUS(ABSENT } taken and entered on the minutes of the Board of Supervisors on AYES: NOES: the date shown. ABSENT: ABSTAIN: SR:drf *(District V Seat is Vaunt) ATTESTED: DECEMBER 5, 2000 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Qrtg.Div: Public Works(Special Districts) contact: Skip Epprxly(313-W3) Administrator cc: County Administrator° County Counsel Wiedemann Rmchk CHAD c/o William R.Gray and Co. BY , Deputy f, SUBJECT: APPROVE AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)AND WILLIAM R. GRAY ANIS COMPANY, INC.,DANVILLE, CALIFORNIA,FROM$30,000 TO $40,000 FOR CALENDAR YEAR 2000 ONLY. (WO 5511) DATE: DECEMBER 5,2000 PAGE: -2- 11. Reasons for Recommendation and Background: The Wiedemann Ranch GHAD is located in the San Ramon area and was formed in August of 1998. In December of 1998,William R. Gray and Company,Inc.,Walnut Creek,California was appointed as General Manager of the GHAD following a Board approved selection process. The Board of Directors subsequently approved a professional services contract with William R. Gray and Company to provide administrative support, contract administration and other related services, including administration of the GHAD's Preventative Maintenance Program with an annual payment limit of$10,000.00. The Wiedemann Ranch development is in its grading stage and has required little overall management activities by the General Manager. However earlier this summer, a request was made by the developer of Wiedemann Ranch,William F.Lyon Company,that an additional parcel be annexed into the Wiedemann Ranch CHAD. This annexation procedure was lengthy and involved a significant amount of work on the part of the CHAD. Additionally,the Plan of Control for the Wiedemann Ranch GHAD had to be revised to include a Biological Mitigation Plan because of a habitat area is within the area being annexed into the CHAD.This required a significant amount of coordination between the US Army Corps of Engineers and an environmental consultant retained by the developer. All of William R. Gray and Company's charges are on a time and materials basis. William R. Gray and Company's contract was augmented by the Board of Directors on March 28, 2000 by$20,000.00 to a total of $30,000.00 on an annual basis. The current request for augmentation in the amount of$10,000.00 would be on a one-time basis and would increase the contract payment limits for calendar year 2000 only to a total of $40,000.00. All costs related to the annexation will be the responsibility of the developer. IV. Consequences of Negative Action: Without Board approval, funding to support William R.Gray and Company's work with the CHAD would not be sufficient. AMENDMENT TO CONTRACT CONSULTING SERVICES AGREEMENT Effective May 1, 2000, sub-section (e) Payment Limit(s), Paragraph 1, Special Conditions, in the Consulting Services Agreement between the Wiedemann Ranch Geologic Hazard Abatement District (GRAD), and William R. Gray and Company, Inc., a California Corporation is hereby amended to increase the contract payment limit for the 2000 annual contract from $30,000.00 to $40,000.00 for calendar year 2000 only. All other terms and conditions in the original contract remain in full force and effect. Signatures: These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONSULTANT Wiedemann Ranch CHAD By: 7, L "/ President,William R.Grayan mpany, Inc. A California Corporation By: ,. Board of Sup isors as Board of Directors of the Wiedemann Ranch CHAD Vice- resident,Wiliiam R. Gra and Company, inc. A California corporation Note to Consultant: 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.{Civ Code,Sec. 1190 and Corps.Code Sec.313}. The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGEMENT State of California } } Countyof } ss: On the date written below, before me, Nancy Cunningham. Notary Public personally appeared William R. Gray and Teresa K.Q. Bowen,personally known to me,to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Dated: (Notary's Seal) NANCY CUNNINGHAMLW Comml>On# 1221013 NWCWY Public-Cam Caft Costa County 1�MC.ornm.l M 23,ZM &\Wiedemann RancWAdministration\VendorsiWilliam R.Gray and Company\Contracts\F'Y 00-01\AMENDMENT to Wtt.0 00-01 Contract.doc