HomeMy WebLinkAboutMINUTES - 12182001 - C.18 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, CANYON LAKES GHAD
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR � '
DATE. December 18, 2001 a
SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute two contract
amendments between the Canyon Lakes Geologic Hazard Abatement District and William R.
Gray and Company, Inc., Danville area, District III. (WO 5148)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a contract amendment between the
Canyon Lakes Geologic Hazard Abatement District (GHAD) and William R. Gray and Company, Inc. for
administration, project management and other professional services related to the Canyon Lakes GHAD for
calendar year 2001, increasing the annual payment limit by $40,000 to a new payment limit of $120,000,
Danville area,District III.
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a second contract amendment between
Canyon Lakes GHAD and William R. Gray and Company, Inc. for administration,project management and other
professional services related to the Canyon Lakes GHAD on an interim basis until the GHAD Manager for
calendar years 2002 and 2003 is named, increasing the payment limit by $30,000 to a new payment of limit of
$150,000 and extending the contract time limit from December 31, 2001 to March 31, 2002.
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Continued on Attachment: X SIGNATURE: L
_COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
SIGNATURE(S):
ACTION OF BOAR Z�,a•loo, a-00/ APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
AYES, NOES, of the Board of Supervisors on the date shown.
ABSENT: ABSTAIN: /)
ATTESTED: Y� of -_"6G y /00i .2
JOI IN SWEETEN,Clerk of the Board of Supervisors and County Administrator
M�ksr
G:\GrpData\SpDist\Board Orders\?001\12 December\BO 1'_-IR-01 Canyon takes GIIAD.doc
Orig.Div: Public Works(Special Districts) By .Deputy
Contact: Melissa Morton(313-2252)
cc: County Administrator
Accounting
Auditor-Controller
William R.Cray
SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute two contract amendments
between the Canyon Lakes Geologic Hazard Abatement District and William R. Gray and Company, Inc.,
Danville area,District III. (WO 5148)
DATE: December 18, 2001
PAGE 2
II. Financial Impact:
There is no impact to the County General Fund. The Canyon Lakes GHAD is funded through special assessments
on properties within the boundaries of the Canyon Lakes GHAD. The Canyon Lakes GHAD will fund 100%.
III. Reasons for Recommendations and Background:
On December 15, 1998, the Board of Directors appointed William R. Gray and Company, Inc., Walnut Creek,
California (WRG) as the General Manager of the Canyon Lakes GHAD effective January 1, 1999 following a
Board approved selection process. The Board concurrently approved a two-year professional services contract
with WRG with an initial annual contract payment limit of$40,000 per year. On August 17, 1999, following a
review of prior year expenses and a draft program budget for FY 99/00, the Board increased the annual contract
payment limit to $80,000 per year.
Calendar year 2001 has been an exceptionally busy year for the District with completion of a major repair project
on Lakeview Circle and the beginning of engineering, design and project development work on the largest
landslide repair project that has occurred to date within the District. The project, which will repair a landslide
adjacent to the 14°i fairway of the Canyon Lakes Golf Course may cost as much as $300,000 to repair. In
addition, the District is well into establishment of a new on-line Geographic Information System operated and
maintained by the District. The cost for this program is shared proportionately with the Blackhawk GHAD. The
District has also been playing an active role in efforts to establish the California Association of Geologic Hazard
Abatement Districts a statewide organization that will be coordinating efforts to manage GHAD risks throughout
the state and to evaluate opportunities for risk sharing or insurance for GHADs.
WRG hopes to begin work soon on a comprehensive Preventative Maintenance and Operations program for the
District. The GHAD's Plan of Control has not been updated since the District was formed in 1986 and a Reserve
Study is needed to establish an appropriate level of reserves for the District.
By letter dated September 10, 2001, WRG requested that the budget in their contract be augmented by $40,000
(for calendar year 2001 only), to a total of $120,000. Sufficient funds for this budget augmentation and the
activities outlined in WRG's proposal are included in the line item budget that was adopted by the Board of
Directors on August 7, 2001.
The Contra Costa County Public Works Department, who acts as a liaison between the District and the Board of
Directors under the provisions of a Joint Exercise of Powers Agreement dated July 15, 1986 (Resolution 86/408),
has initiated an effort on behalf of the Board of Directors to seek qualification statements and proposals for
consultant support services for the Canyon Lakes GHAD for calendar year 2002 and beyond. As that process has
not been completed to date, it is recommended that the Board execute an extension of the current agreement to
facilitate continued management of the GHAD and seamless transfer of GHAD responsibilities should another
firm be chosen to manage the GHAD. Therefore an additional contract amendment extending the contract to
March 31, 2002 and increasing the total payment limit by $30,000 is also recommended for approval by the
Board.
IV. Consequences of Negative Action:
Board approval is necessary to continue the management of day-to-day operations within the District.
AMENDMENT TO CONTRACT
CONSULTING SERVICES AGREEMENT
Effective October 12, 2001, sub-section (e) Payment Limit(s), Paragraph 1, Special
Conditions, in the Consulting Services Agreement dated January 1, 1999 between the
Canyon Lakes Geologic Hazard Abatement District (GHAD), and William R. Gray and
Company, Inc., a California Corporation is hereby amended to increase the contract payment
limit for the 2001 annual contract from $80,000.00 to $120,000.00 for calendar year 2001 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
Canyon Lakes GHAD
B
Vice-President,William R. Gray and Company, Inc.
A California Corporation
By: i
ssistant Secretary,Wi iam R. Gray 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 )
ss:
County of Contra Costa )
On the date written below, before me, Nancy Cunninqham, Notary Public, personally appeared Teresa K.Q.
Bowen and Karen D. Gleeson,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: \� \ WV
(Notary's Seal) NANCY CUNNINGHAM
j1PCommission#1221013 Z
Notary Public-Califarnia f
Contra Costa County Ir
MyComrnBpmMay23,2XI3P
G:\Canyon Lakes\Administration\Vendors\William R.Gray and Co\Contracts\FY 99-00\AMENDMENT to Year 2001 WRG
contract.doc
AMENDMENT TO CONTRACT
CONSULTING SERVICES AGREEMENT
Effective October 12, 2001, sub-section (e) Payment Limit(s), Paragraph 1, Special
Conditions, in the Consulting Services Agreement dated January 1, 1999 between the
Canyon Lakes Geologic Hazard Abatement District (GHAD), and William R. Gray and
Company, Inc., a California Corporation is hereby amended to increase the contract payment
limit for the 2001 annual contract from $80,000.00 to $120,000.00 for calendar year 2001 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
Canyon Lakes GHAD
By:
Vice-President,William R. Gray and Company, Inc.
A California Corporation
B
By.
AsWtantetary, illiam R. Gray ,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 )
ss:
County of Contra Costa )
On the date written below, before me, Nancy Cunningham. Notary Public, personally appeared Teresa K.Q.
Bowen and Karen D. Gleeson, 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 CUNNINGHAM
Commission# 1221013
i Notary Public-California z
Contra Costa County
MY Comm. Moy23,2003
G:\Canyon Lakes\Administration\Vcndors\William R.Gray and Co\Contracts\FY 99-00\AMENDMENT to Year 2001 WRG
contract.doc
Contra Costa County Number# W05148
Standard Form 5/95 Fund/Org # 7761
AMENDMENT/EXTENSION AGREEMENT Account#
Other#
1. Identification of Contract to be Amended.
Number:
Effective Date:. January 1, 1999
Department: Contra Costa County Public Works Department
Subject: Management Services for the Canyon Lakes GHAD
2. Parties. The County of Contra Costa, California (County), for its Department named above, and
the following named Contractor mutually agree and promise as follows:
Contractor: William R. Gray and Company, Inc.
Capacity: Contractor
Address: 1820 Bonanza Street, Suite 204
Walnut Creek, CA 94596 Taxpayer ID # 68-0061821
3. Amendment Date. The effective date of this Contract Amendment/Extension Agreement is
December 31, 2001.
4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the
Amendment Specifications attached hereto which are incorporated herein by reference.
5. Extension of Term. The term of the above described Contract between the parties hereto is
hereby extended from December 31, 2001 to March 31, 2002, unless sooner terminated as
provided in said contract.
6. Payment Limit Increase. The payment limit of the above described Contract between the parties
hereto is hereby increased by $30,000 to a new total Contract Payment Limit of $310,000.
7. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
Approved: Chair, Board o Supervisors
By By a
Recommended by Department
(Designate business capacity)
By
Designee
Y
�4�
(Designate business capaci
[Form approved by County Counsel]
Note to Contractor.For corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice president and Signature B
must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged asset forth on page
two.
Wsr
C:\WINDOWS\TEMP\Canyon Lakes GHAD-GrayAmendment.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
On�,before me, hough statute does not require the Notary to fill in
.
DATE N E.TITLE OF OFFIC- E G.,"JA. DOE, O AR BL " the data below,doing so may prove invaluable to
personally appeared J,( J L V\ �. persons relying on the document.
NAME(S)OF SIGNER(S) [l INDIVIDUAL
4—personally known to me OR-❑ proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the persor Xvhose namc+s re I.I.I.LE(s)
subscribed to the within instrument and
acknowledged to me that he4he0ificy xecutcd 21PARTNER(S) ❑ LIMITED
the same in his/lie/ eir thorize ❑ GENERAL
ca acit les and that hi heir
NANCY CUNNINGHAM p y y ❑ AT"fORNEY-IN-FACT
signatur son the instrument the perso r
r4Zr Z. Commission# 1221013 ❑ TRUSTEE(S)
Z the entity upon behalf of which the perso s
? -e� Notary Public-California acted,executed the instrument. [I GUARDIAN/CONSERVATOR
Z Contra Costa County ❑ OTHER:
LMy Comm B#mMay23,2003 WITNESS my hand and offici+seat, - SIGNER IS REPRESENTING:'`I I NAMEOFPERSONS)OR EYlI'fY(IES){
,SI TURE OF NOTAR
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document �K7 Com.
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Si=ning party must be either a general partner or be authorized in writing to have
the authority to sign for and bind the partners'Tip.
TV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. a)The Chair of the Board
b)The President
�c)Any Vice-President
GROUP 2. a)The Secretary
b An Assistant Secretary
C)
The Chief Financial Officer
d)The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently
valid power of attorney, notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
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Rev.August I,2001