HomeMy WebLinkAboutMINUTES - 03071989 - 1.44 1-044
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon Ccntra
Director of Community Development �a
DATE: February 3 , 1989County
SUBJECT: Second Amendment to Agreement
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize the Chairperson to execute the attached agreement with
Blakempnt Property Owners Association, extending the April 1986
agreement.
FISCAL IMPACT
None to County. Terms of the original agreement which govern
payments to a third party consultant remain unchanged with respect
to County.
BACKGROUND/REASONS FOR RECOMMENDATIONS
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
two years; therefore, it is necessary to extend the agreement to
provide for measurements during the 1988-89 rainy season. The
attached second amendment to the April 8, 1986 agreement extends
the agreement to October 8, 1989.
1
CONTINUED ON ATTACHMENT: YES SIGNATURE-'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO OF BO COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON 7 IJ89 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
-4 UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development ATTESTED MAR 71989
CAO (via Risk Mgmt. ) PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Auditor (c/o Nona) AND COUNTY ADMINISTRATOR
Contractor _
BY � ,�7/LBL,�GC,�.�l�a.8 , DEPUTY
TN:cg
Attachment
cdll/2amndagr.bo
1-044
File: Blakemont Geologic
Hazard Abatement District
SECOND AMENDMENT TO AGREEMENT
Blakemont Geologic Hazard Abatement District
Geological Investigation Work
1. Parties
Effective on October 8, 1988, 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 report and other project work by October 8, 1987. The work could
not be completed on schedule due to the lack of landslide movement during
the 1986-87 winter and spring; therefore, the agreement was extended
through the 1987-88 winter and spring. 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 du.ring.,the...1988-89 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 42
months after the effective date of this Agreement. Should the
soils engineer fail , for any reason, to meet this deadline, the
contract shall terminate, at ASSOCIATION'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 attached exhibits, shall remain unchanged and in full force.
5. Signatures. These signatures attest the parties' agreement hereto:
COUNTY ASSOCIATION
By-.X
•,�'
Tom Torlakson, Chair Pr ident
Board of Supervisors
r _ By: �o�C
Attest: Phil Batchelor Secret r
County Administrator and
Clerk of the Board of Supervisors
.y:_ e
Deputy
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 February 1989 , before me, the undersigned Notary
Public, personally appeared Janice E. Parker and Mary Lynn Cox
personally known to me (or proved to me on the basis of satisfactory evident)
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 pu.r..suant. .to.. its by-laws or
a resolution of its board of directors.
x
NOTARY PU
RECOMMENDED FOR APPROVAL:
J. MICHAEL WALFORD si
Public Works Director OFFICIAL SEAL
[Seal] KERBY L. PARNELL
NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY
MY Commission Expires March 6, 1989
— -- ----- —
Ilton Kubicek, Deputy Director
APPROVED AS TO FORM:
VICTOR J. WESTMAN
County Counsel
Deputy
TN:cg/cdll/blkemont.agr