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HomeMy WebLinkAboutMINUTES - 12192006 - C.23 r C" -3 SE TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD =_' . Contra OF THE BLACKHAWK GEOLOGICAL HAZARD • �!j ABATEMENT DISTRICT •' J=-= ' " Costa FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR YY County s�l_couK`t 1 DATE: December 19, 2006 SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Kleinfelder,Inc. in the amount of$908,671 to act as General Manager of the Blackhawk Geologic Hazard Abatement District (GRAD) for the period January 1., 2007 through December 31, 2009, and the discretion to execute a contract extension through December 31,2012,Danville area(Blackhawk GRAD funds) (District III) Project No. 7760-6X5147 SPFC'IFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA•I-ION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract with Kleinfelder,Inc.in the amount of$908,670 to act as General Manager of the Blackhawk Geologic Hazard Abatement District(GHAD) for the period January 1, 2007 through December 31, 2009, and the discretion to execute a contract extension through December 31, 2012, Danville area. CONTINUED ON ATTACHMENT: ❑x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE c/ APPROVE OTHER SIGN.ATURE(S): ACTION OI;BOA �i(/f/!��`� -*e-190APPROVED AS RECOMMENDED OTHER • _VOTE OF SUPERVISORS•- ... _ I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT 1 (VA('ANTJ.D1ST. 11 COPY OF AN ACTION TAKEN AND ENTERED ON 1 YES----------- WOES:----- --___--.--I-- - MINUTES OI THE BOARD OF SUPERVISORS ON THE DATESIIOWN. contact: Eric Whan(313-1.242) C'R:Jcw G:`SpDist\Contracts\Blackhawk GHAD\BO 12-19-06.doc ATTESTED JOI IN Cl1[.LEN,CLERK OF'I 1-IE BOARD OF SUPERVISORS cc: County Counsel CAO Warren Lai,Special Dist. K1einTelder,Inc. BY: DEPUTY SUBJECT: Approve a contract with Kleinfelder, Inc. in the amount of$908,671 to act as General Manager of the Blackhawk Geologic Hazard Abatement District DATE: December 19, 2006 PAGE: 2 of 2 FINANCIAL IMPACT: There will be no impact to the General Fund. The Blackhawk GHAD is funded through revenues generated by County Service Area M-23, and the Blackhawk GHAD will fund 100% of the contract. Estimated Calendar Year (CY) Payment Limits: CY 2007: $293,983; CY 2008: $302,802; CY 2009: $311,886. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Contra Costa County Public Works Department, who acts as a liaison between the GHAD and the Board of Directors, initiated an effort in October of this year on behalf of the Board of Directors to seek qualification statements from prospective consulting firms to act as General Manager of the Blackhawk GHAD.Three Statements of Qualifications were received by October 31,2006 and subsequent interviews of the three companies commenced on November 20, 2006. The process is completed and the Public Works Department is prepared to recommend award of a contract for a three year period, from January 1, 2007 through December 31, 2009 with an option to execute a contract extension through December 31, 2012 to Kleinfelder, Inc. In the event the contract is extended, the Public Works Department will bring the contract extension to the Board to approve the date and payment limit. CONSEQUENCES OF NEGATIVE ACTION: If the contract is not approved, the GHAD will have a lapse in management and oversight of GHAD activities. Blackhawk Geologic Hazard Abatement District Appendix A Scope of Services Kleinfelder, Inc. CONSULTANT shall be responsible for the day-to-day management of the GHAD in accordance with all applicable state and federal statutes, the Districts adopted Plan of Control and all adopted Board policies and guidelines, including the Contra Costa County Small Business Enterprise Outreach requirements for consultants and contracts. The GHAD may retain other civil and/or geotechnical engineering consultants, geologists, contractors and/or other vendors as may be required to evaluate, review, design, construct or maintain GHAD facilities and improvements in accordance with the District's adopted Plan of Control. CONSULTANT shall secure these services on behalf of the District in accordance with the Board of Directors adopted procedures related to the awarding of contracts for GHAD repair, maintenance and improvements projects and for professional and support services. CONSULTANT shall consult with the District Clerk, District Treasurer and District Legal Counsel as required. All items to be submitted to the Board of Directors for information and/or action shall be submitted through the Contra Costa County Public Works liaison. Copies of all significant correspondence shall be copied to the Contra Costa County Public Works liaison. CONSULTANT shall develop and maintain a computerized accounting and bookkeeping system sufficient to allow District costs and expenditures to be cost applied to individual projects and/or programs. CONSULTANT shall retain an independent accounting firm to reconcile the accounting and bookkeeping records maintained by the CONSULTANT to those maintained by the District Treasurer. Consultant shall cause financial audits of the District's accounting and bookkeeping records to be performed at least biannually. CONSULTANT shall provide the following to the Board of Directors in a timely manner: 1. Prior to February 14 of every year, CONSULTANT shall develop and submit a proposed Line Item Budget item detailing anticipated income and expenditures in four major work areas — Major Repair projects, Preventative Maintenance and Operations, Special Projects and Administration. 2. In accordance with the schedule established by the County Tax Collector, CONSULTANT shall prepare (or cause to be prepared) an annual update to the GHAD assessment role. 3. Prior to June 1 of every year, CONSULTANT shall develop and circulate a proposed Program Style Budget detailing how the funds in the District's line item budget are to be expended. CONSULTANT shall make copies available and solicit comments from the Contra Costa County Public Works Department, and all active Homeowners Associations within the boundaries of the District. In addition, consultant shall provide all residents within the boundaries of the District with an opportunity to review and comment on the proposed budget. The Program Budget shall be presented to the Board of Directors for consideration by September 30 of each year. 4. CONSULTANT shall develop and submit Quarterly, Year-To-Date Expense Reports comparing actual expenditures to the approved budgets. Copies of the approved reports Kleinfelder, Inc. Scope of Services—GHAD GM position Page 1 of 2 Dec. 2006 shall be circulated to the County Public Works Department, and all active HOA's within the boundaries of the District. 5. CONSULTANT shall develop and submit an Annual Report to the Public Works Department on the activities of the GHAD. Said report shall include a comparison of income and expenditures against the adopted program budget. In addition, said report shall include CONSULTANT'S evaluation and, if appropriate, recommendations related to the need to complete, update and/or revise the following: a. The Plan of Control for the District. b. The status of the District's financial reserves. c. Assessments levied on properties within the boundaries of the District. d. The District's Communications Policy. e. The District's Maintenance and Operations Plan. CONSULTANT shall prepare and maintain the following: 1. An Annual Work Program, to include all major repair projects and significant incidents and special projects. 2. A Monthly Incident Log detailing all active incidents under review and/or construction by the District and/or District consultants as well as all active GHAD construction projects. Said incident log shall indicate clearly the status of all active incidents and shall identify who should be contacted with questions on any particular incident and/or project. Copies of the above documents shall be made available to the Contra Costa Public Works Department, and other interested and concerned parties. CONSULTANT shall develop and maintain a Communications Plan for the District to insure that all residents, merchants, property owners, local homeowners associations and others interested in the District are provided with an opportunity to review the activities of the District and, if necessary, provide input to the GHAD Manager and, when appropriate, the GHAD Board of Directors. Said communications plan shall include an emergency response protocol, an incident response protocol and a community education and outreach program (newsletters, brochures, etc.). Copies of a proposed draft Communications Plan shall be circulated for review and comment to the County, and all active Homeowners Associations by March 30, 2007. A final draft of the plan shall be presented to the Board of Directors for consideration not later than April 30, 2007. CONSULTANT shall prepare a Reserve Study and submit to the GHAD Board of Directors for consideration not later than June 30, 2007. CONSULTANT shall fully cooperate with consultants (or others) retained by the Board of Directors to perform Management Audits called for or authorized by the Board of Directors. Except in the case of an emergency and in accordance with the Board's adopted policies on contracting for professional services, CONSULTANT is prohibited from performing any design work on GHAD Major Repair projects or improvements with an estimated value in excess of $25,000. CONSULTANT shall perform routine geotechnical analyses and slope stability studies for maintenance and long-term preventive programs. As necessary, the CONSULTANT shall update and make amendments to the Plan of Control. Kleinfelder,Inc. Scope of Services—GHAD GM position Page 2 of 2 Dec. 2006 CONSULTING SERVICES AGREEMENT FORM APPROVED SUANO 1.MARCHESI,ComCounsak 1. Special Conditions.These Special Conditions are incorporated below by reference. w By Deputy (a) Public Agency: Blackhawk Geologic Hazard Abatement District(CHAD) 4a� (b) Consultant's Name&Address: Kleinfelder, Inca 1970 Broadway, Suite 170 Oakland, CA 94612 (510)628-9000 (c) Project Name, Number, &Location: Blackhawk GRAD, Danville,CA (d) Effective Date: January 1,2007 (e) Payment Limit(s): $908,670(Estimated at$293,983 for CY 2007;$302,802 for CY 2008;$311,886 for CY 2009) (f) Completion Date(s): December 31, 2009 2.Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONSULTANT By: Maurice M.Shiu /7 Public Works Director/ By: aj�a Chief Engineer,or Designee (Designate official capacitthe b 'u ess Type of B Hess: (sole proprietorship, Bovei ent a cy/np�artnership(c rporation,etc.) ( If Corporation, State of Incorporation: r..A`++� By: .SI'L. (Designate official capacity in the business) " Asst SI: Note to Consultant: For corporations, the contract must be signe 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 ACKNOWLEDGMENT State of California ) ss. County of ) On the date written below, before me, the under, ' ed Notary Public, personally appeared the person(s) signing above for Consultant,personally known tome(or prove o me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrume and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that b s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, exec d the instrument. WITNESS my hand and ficial seal. Dated: Notary Public ( otarys Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Z1 State of California I ss. ) Countyof ���i(� O.TaA- �J�1t .C-�eldma�h to lls ) before me, .) Da;e ((��� Name an11d__111.of Officer(e.g ",Ian Doe,Notary V- ' personally appeared _R1Ar76��1 1.0.V DYlY1 m r% �Li n i7 Name(s)of Signer(s) , I personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) je/are subscribed to the within instrument and acknowledged to me that 4@44e/they executed I the same in W,s, r/their authorized I capacity(ies), and that by hisser/their l JILL A.GELDMACHER signature(s) on the instrument the person(s), or Comirirl#r 1535677 the entity upon behalf of which the person(s) I Wary Pubfic-Ca � � acted, executed the instrument. fel Son Diego County 6OO My Comm.Expkw Jon 1,24NESS my h anld official seal. I — ignature of Notary Public �,,, AOPTIONAL ' Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document f Title or Type of Document:G0ON5yt r Document Date: V-1 l 0 _-Number of Pages:...__-_ r Signer(s)Other Than Named Above: f I r' Capacity(ies) Claimed by Signer ' Signer's Name: ❑ Individual lc:p of Ihumb bele F_ Corporate Officer — Title(s): J Partner —IL Limited ❑General f L Attorney-in-Fact f ❑ Trustee L7 Guardian or Conservator G Other: --- — -- — -— — — 1 l . j. Signer Is Representing: I� I et,� _ -= — - `.ti��;��`t`C��`ti'`�`�:`_�`�a`�i`b_`"�`t:^i�C�%tG'_ _mss iX`��^�T�i:�<:`�'`��;�`�f%�yt✓ `t�' 1999 National Notary Assoc:alion•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2407•www.natioiielnotary.org Prod.Fie.5907 Reoi der:Call Toll-t=ree 1-800-676-6827 3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: " 4. Employment. Public Agency hereby employs Consultant,and Consultant accepts such employment,to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by this reference. 6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant, or a subcontractor,for Public Agency shall contain, in a separate section,the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e) exceeds $5,000. When multiple documents or written.reports are the subject or products of this agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers' Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of $1 0�00.000-and-a maximum deductible of$ 100.000; and (c)Comprehensive'General Liability Insurance, including blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$1.000,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence,and naming Public Agency, its/their governing bodies, officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or material change in coverage. 8. Pa ment. Public Agency shall pay Consultant for professional 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 Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s) specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency. 10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete all services covered by this Agreement no later than the Completion Date(s) listed above. 11. Record Retention and Auditing.Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records, for a period of at least five years after Consultant's receipt of the final payment under this Agreement Upon request by Public Agency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents.All materials and records of a finished nature, such as final plans,specifications, reports, and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency.All materials of a preliminary nature, such as survey notes,sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request,to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or cHBrges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Payment Retention. Not applicable 16. Termination by Public Agency.At its option, Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant,whether or not Consultant is then in default. Upon such termination, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all.amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement,-and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394. 19. Compliance with Laws. In performing this Agreement, Consultant shall comply with 911 applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily, by operation of law or otherwise;provided,however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub- contracting shall be void. 21 Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable. 22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described in Appendix A prior to delivering them to Public Agency, and where appropriate, indicate his/her registration number. 23. Patents and Copyrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or otherwise. 24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing body, officers, employees, representatives, and agents ("Indemnitees") from any and all demands, losses, claims, costs,suits, liabilities,and expenses forany damage, injury,or death(collectively"Liability")arising directly or indirectly from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants,or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys'fees and costs, the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the Public Agency, its governing body,officers,or employees. This indemnification clause shall survive the termination or expiration of this Agreement. 25. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties. 26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Consultant may express its views on products to other Consultants,the Public Agency's governing board, its officers,or others who may be authorized by the Public Agency's governing board or by law to receive such views. 27. Project Personnel, In performing the services under this Agreement, Consultant shall use the personnel listed in Appendix B, attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person being replaced. 28. Disadvantaged Business Enterprise(DBE)Requirements(Federal aid projects onbL Consultant shall comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In addition, in performing services under this Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE and shall submit to Public Agency written documentation of such effort. 29. Federal Cost Principles and Procedures (Federal aidproiects only). Consultant shall comply with the following provisions,which are incorporated into this Agreement by reference:(a)the cost principles for allow ability of individual items of costs set forth in 48 CFR, Chapter 1, Part 31: (b)the administrative procedures set forth in 49 CFR, Part 18; and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A-110, if applicable to Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30 days of written request from Public Agency. Should Consultant fail to do so, and should the Public Agency file legal action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other expenses incurred by Public Agency in connection with such action. 30. Agreement Extension: At Public Agency's sole discretion, the term of this Agreement may be extended for one additional period not to exceed three years (i.e., a new completion date no later than December 31, 2012). The extension shall require a written amendment executed in advance by Consultant and the Public Works Director or designee. If the extension would involve any substantive changes to the Agreement, the amendment shall be submitted to Public Agency's governing body for prior approval. Attachments:Appendix A,Appendix B Form approved by County Counsel(11/00) G:\GrpData\SpDist\Contracts\Blackhawk GHAD\Csagen over 25000 Kleinfelder 2007-2009.doc Appendix A Blackhawk Geologic Hazard Abatement District Scope of Services Kleinfelder, Inc. CONSULTANT shall be responsible for the day-to-day management of the GHAD in accordance with all applicable state and federal statutes, the Districts adopted Plan of Control and all adopted Board policies and guidelines, including the Contra Costa County Small Business Enterprise Outreach requirements for consultants and contracts. The GHAD may retain other civil and/or geotechnical engineering consultants, geologists., contractors and/or other vendors as may be required to evaluate, review, design, construct or maintain GHAD facilities and improvements in accordance with the District's adopted Plan of Control. CONSULTANT shall secure these services on behalf of the District in accordance with the Board of Directors _adopted procedures related to the awarding of contracts for GHAD repair, maintenance and improvements projects and for professional and support services. CONSULTANT shall consult with the District Clerk, District Treasurer and District Legal Counsel as required. All items to be submitted to the Board of Directors for information and/or action shall be submitted through the Contra Costa County Public Works liaison. Copies of all significant correspondence shall be copied to the Contra Costa County Public Works liaison. CONSULTANT shall develop and maintain a computerized accounting and bookkeeping system sufficient to allow District costs and expenditures to be cost applied to individual projects and/or programs. CONSULTANT shall retain an independent accounting firm to reconcile the accounting and bookkeeping records maintained by the CONSULTANT to those maintained by the District Treasurer. Consultant shall cause financial audits of the District's accounting and bookkeeping records to be performed at least biannually. CONSULTANT shall provide the following to the Board of Directors in a timely manner: I. Prior to February 14 of every year, CONSULTANT shall develop and submit a proposed Line Item Budget item detailing anticipated income and expenditures in four major work areas — Major Repair projects, Preventative Maintenance and Operations, Special Projects and Administration. 2. In accordance with the schedule established by the County Tax Collector, CONSULTANT shall prepare (or cause to be prepared) an annual update to the GHAD assessment role. 3. Prior to June 1 of every year, CONSULTANT shall develop and circulate a proposed Program Style Budget detailing how the funds in the District's line item budget are to be expended. CONSULTANT shall make copies available and solicit comments from the Contra Costa County Public Works Department, and all active Homeowners Associations within the boundaries of the District. In addition, consultant shall provide all residents within the boundaries of the District with an opportunity to review and comment on the proposed budget. The Program Budget shall be presented to the Board of Directors for consideration by September 30 of each year. 4. CONSULTANT shall develop and submit Quarterly, Year-To-Date Expense Reports comparing actual expenditures to the approved budgets. Copies of the approved reports shall be circulated to the County Public Works Department, and all active HOA's within the boundaries of the District. Kleinfelder, Inc. Scope of Services—GHAD GM position Page I of 2 Dec.2006 Appendix A 5. CONSULTANT shall develop and submit an Annual Report to the Public Works Department on the activities of the GRAD. Said report shall include a comparison of income and expenditures against the adopted program budget. In addition, said report shall include CONSULTANT'S evaluation and, if appropriate, recommendations related to the need to complete, update and/or revise the following: a. The Plan of Control for the District. b. The status of the District's financial reserves. c. Assessments levied on properties within the boundaries of the District. d. The District's Communications Policy. e. The District's Maintenance and Operations Plan. CONSULTANT shall prepare and maintain the following: 1. An Annual Work Program, to include all major repair projects and significant incidents and special projects-. 2. A Monthly Incident Log detailing all active incidents under review and/or construction by the District and/or District consultants as well as all active GHAD construction projects. Said incident log shall indicate clearly the status of all active incidents and shall identify who should be contacted with questions on any particular incident and/or project. Copies of the above documents shall be made available to the Contra Costa Public Works Department, and other interested and concerned parties. CONSULTANT shall develop and maintain a Communications Plan for the District to insure that all residents, merchants,property owners, local homeowners associations and others interested in the District are provided with an opportunity to review the activities of the District and, if necessary, provide input to the GHAD Manager and, when appropriate, the GHAD Board of Directors. Said communications plan shall include an emergency response protocol, an incident response protocol and a community education and outreach program (newsletters, brochures, etc.). Copies of a proposed draft Communications Plan shall be circulated for review and comment to the County, and all active Homeowners Associations by March 30, 2007. A final draft of the plan shall be presented to the Board of Directors for consideration not later than April 30, 2007. CONSULTANT shall prepare a Reserve Study and submit to the GHAD Board of Directors for consideration not later than June 30,2007. CONSULTANT shall fully cooperate with consultants (or others) retained by the Board of Directors to perform Management Audits called for or authorized by the Board of Directors. Except in the case of an emergency and in accordance with the Board's adopted policies on contracting for professional services, CONSULTANT is prohibited from performing any design work on GHAD Major Repair projects or improvements with an estimated value in excess of $25,000. CONSULTANT shall perform routine geotechnical analyses and slope stability studies for maintenance and long-term preventive programs. As necessary, the CONSULTANT shall update and make amendments to the Plan of Control. Kleinfelder, Inc. Scope of Services—GHAD GM position Page 2 of 2 Dec.2006 Appendix B Blackhawk Geologic Hazard Abatement District Kleinfelder, Inc. Personnel and Summary of Hourly Rates Richard Short, General Manager, Senior Principal' $200.00 Michael Sands, Operations Manager $162.75 Sadek Derrega, Project.Geologist $186.00 Alastair Johns, Geologist $148.00 Staff Professional $128.00 CADD Operator $107.00 Technician II $86.00 Claudia Santos,Project Administrative 1 $78.00 , Debra Williams, Administration/Word Processor $69.00 Hourly rates shall include all direct costs associated with performing services, which may include, but is not limited to, photocopies, postage, courier services, facsimiles, telephones, cellular phones, personal safety gear, mileage, meals, and other travel expenses. A markup percentage for outside consultants or legal counsel will not be permitted and shall be billed at cost.