HomeMy WebLinkAboutMINUTES - 06242003 - C.13 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS FOR THE WIEDEMANN
RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT (GRAD) 1
FROM: MAL-RICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 24, 2003
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute two contract
amendments with Gray-Bowen and Company, Inc. effective June 3, 2003 to increase the payment
limit by$10,518 to a new payment limit of$53,518 for calendar year 2002 for the entire contract and
increase the current contract payment limit by $15,000 to a new payment limit of$140,000 (in
calendar year 2003) for the entire contract for work in the Wiedemann Ranch Geologic Hazard
Abatement District, San Ramon area. (District III)Project No. 7816-6X5511
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute two contract amendments
with Gray-Bowen and Company, Inc. effective June 3,2003 to increase the payment limit by$10,518 to a
new payment limit of$53,518 for calendar year 2002 for the entire contract and increase the current contract
payment limit by$15,000 to a new payment limit of S 140,000(in calendar year 2003)for the entire contract
for work in the Wiedemann Ranch Geologic Hazard Abatement District(GHAD).
II. Fiscal Impact:
No financial impact on the County General Fund or the GHAT)budget. The dayAo-day operations of the
GHAD are funded through special assessments on properties within the boundaries of the CHAD. In the
case of these proposed contract amendments, all costs are the responsibility of an original developer of the
property within the boundaries of the District anj the developer has already reimbursed the District.
COMMENDATION OF COUNTY ADMINISTRATOR {
_RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
ACTION OF B ON JUNE 24, 2003 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUP
VISORS
xx UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN:
DISTRICT III SEAT VACANT
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 acting as the GHAD Board on the date shown.
MM:sr
G:\GrpData\SpDist\Board Orders\2003\06-24-03 BO(W)Gray-Bowen.docOrigATTESTED: JUNE 24, 2003
Contact:
Skip Epperiy,{313-2253)Public Works Department(Special Districts) JOHN SWEETEN,Clerk of the Wiedemann Ranch
Conta
ec: Assessor GHAD Board of Directors and Board Administrator
Auditor-Controller {'
County Administrator Y ✓`
County Counsel �Bt sex—= Deputy
� -_—
Accounting
Gray-Bowen Company
GHAD file
SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute two contract
amendments with gray-Bowen and Company, Inc. effective June 3, 2003 to increase the
payment limit by$10,518 to a new payment limit of$53,518 for calendar year 2002 for the entire
contract and increase the current contract payment limit by$15,000 to a new payment limit of
$140,000 (in calendar year 2003) for the entire contract for work in the Wiedemann Ranch
Geologic Hazard Abatement District, San Ramon area. (District III)Project No. 7816-6X5511
DATE: June 24, 2003
PAGE: -2-
111. Reasons for Recommendation and Backimound:
The Wiedemann Ranch GHAD(District)is located in the San Ramon area and was formed in August of
1998. In the fall of 2001, Gray-Bowen and Company, Inc. (formerly known as William R. Gray and
Company,Inc.)Walnut Creek,California was appointed as General Manager of the District following a
Board approved selection process for a period of three years, ending in December of 2004.
The Henry Ranch portion of the District,which is located within the City of San Ramon,was annexed
into the District in the summer of 2000. The proponent of the annexation (the William F. Lyon
Company, the original developer of the Henry Ranch subdivision) was responsible for all costs
associated with the annexation,including costs associated with a required update to the District's Plan of
Control. Under the District's approved Plan of Control,the developer is also responsible for all CHAD
maintenance and landslide repair activities until December of 2003. When the Board initially approved
Gray-Bowen and Company's management contract for the District, the Henry Ranch portion of the
District was anticipated to require very little management support.
Issues associated with both the annexation as well as the effort to update the District's Plan of Control
required significant additional effort on the part of the CHAD General Manager— Gray-Bowen and
Company. For the most part, this additional work related to issues associated with access to and
maintenance of a wildlife habitat area that will ultimately be the responsibility of the District. Specific
extra work tasks included coordination with the developer and his consultants,local property owners,the
City of San Ramon and numerous regulatory agencies including the US Army Corps of Engineers,the
State Department of Fish and Game and the US Wildlife Service. Additional charges from Gray-Bowen
and Company and the District's legal counsel totaled $10,517.64 during the 2001/02 fiscal year and
$9,600 to date during the 2002/03 fiscal year. As a number of issues associated with long term
maintenance of the wildlife habitat ponds remain unresolved, Gray-Bowen and Company advises that
they anticipate an additional $5,400 in extra charges during the remainder of the current fiscal year
(02/03)and the beginning of the next fiscal year(03/04). William F. Lyon has agreed to reimburse the
District for all costs,and payment has already been received by the District for costs incurred through the
end of the 2002 calendar year.
Gray-Bowen and Company has requested this contract amendment to allow them to be reimbursed for
costs already incurred. Again,these funds will compensate the firm for charges which were unforeseen
at the time the original contract was executed.
1'V. Conseadences of Negative Action:
Without Board approval,the District will not be able to reimburse Gray-Bowen and Company for costs
already incurred, and the District would likely need to process a refund to William F. Lyon and
Company.
CONSULTING SERVICES AGREEMENT Number
AMENDMENT AGREEMENT#46921 Fund/Org#
Account#
1. Identification of Contract to be Amended. other#
Vendor Number: 06496
Consulting Services Agreement with Gray-Bowen and Company, Inc.
Effective date: July 1, 2002 to December 31, 2004. (original contract date)
Department: Public Warks Department
Subject: Consultant Duties for the Weidemann Ranch Geologic Hazard Abatement District,
General Manager for the GHAD
Payment Limit (s): $ 125,000.00
2. Parties. The County of Contra Costa, California (County), for its Department named above, and
the following named Consultant mutually agree and promise as follows:
Consultant Name: Gray-Bowen and Company, Inc.
Capacity: Consultant
Address: 1620 Bonanza Street, Suite 204
Walnut Creek, CA 94596-4376
3. Amendment Date. The effective date of this Contract Amendment/Extension Agreement is
June 3, 2003.
4. Amendment Specifications. The Contract identified above is hereby amended as follows:
I. Extension of Term: Term will remain the same.
II. Payment Limit: Payment Limit shall be increased by$15,000.00
IIT. Scope of Work: Perform negotiations with the developer on work to be performed prior to
acceptance of the new area by the CHAD Manager for maintenance by GHAD.
5. Amendment Payment Limit. Increase the payment limit by $ 15,000.00 from $ 125,000.00 to
the new total payment limit of$ 140,000.00.
6. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONSULTANT
Public Agency Consultant
By �El (1) By. f"I� ;`c.# ,
bli
M Shiu (pn t na
`�
Puc orks director
(Signature and business i )
RE OMMENDED FOR APPROVAL:
By (2) By
elissa Mort n
Senior Civil Engineer ���--
(SignatuM to bu n pacity)
Note to Contractor For corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president orvice 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 as set forth on page two.
C:\WIN€70W51Temporary Internet Fiies10LK12tWeiidemann Amendment#2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Corft tcsaia County
the same in his/fir authorized
tY veomm.60MApr i6,20071capacity{ie+ and that by his/#fir
signaturek<on the instrument the personK,or
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acted, executed the instrument.
W y and a ffi a eal.
g at a otary Public
OPTIONAL
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
Title or Type of Document:
Document Date: Number of Pages:
Signer{s}Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
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❑ Trustee
❑ Guardian or Conservator
❑I Other:
Signer Is Representing:
®1999 NaVonal Notary Assodatian•9350 Do Soto Ave..P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Heordar:Coll Toll-Free 1.600-876-6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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On ���before me, D �
Det .e�and/Yitie of OMeer(e.g.,"Jena Doe,Notary Pubhe)
personally appeared , ✓ V _
Names)of Star*
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proved to me on the basis of satisfactory
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Crsmmbsion# 1412012 subscribed to the within instrument and
Notary PuW-Ca#iforni a acknowledged to me that hefshelthst 6 executed
3 cornua Couto County the same in 44sfFterAheir authorized
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signatureol on the instrument the person( }, or
the entity upon behalf of which the person(,
acted, executed the instrument. tt
W T ESS an nd o i ' I seal.
Si atu of Notary Public
OPTIONAL
Though the information below is not required by taw,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
Title or Type of Document: _
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's blame:
D Individual Top of thurrib here
Corporate Officer--Title(s):
E Partner—0 Limited E 3 General
C Attomey-in-Fact
0 Trustee
17 Guardian or Conservator
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Signer Is Representing: L_
01899 Nat!onai Notary Association-9350 Do Soto Ave..P.O.Box 2,402-Chatsviorih,CA 913!3-2A02•w .netlonalnoiery.org Prod.No.5907 Reorder.Cali Toll-Free 1-800-87"827
CONSULTING SERVICES AGREEMENT Number
AMENDMENT AGREEMENT#46921 Fund/Org#
Account#___.
1. Identification of Contract to be Amended. Other#
Vendor Number:
Consulting Services Agreement V,4th Gray-Bowen and Company, Inc.
Effective Date: January 1, 1999 to June 30, 2002 (original contract date)
Department: Public Works Department
Subject: Consultant Duties for the Weidemann Ranch Geologic Hazard Abatement District,
General Manager for the CHAD
Payment Limit (s): S 43,000.00
2. Parties. The County of Contra Costa, California(County), for its Department named above, and
the fallowing named Consultant mutually agree and promise as follows:
Consultant Name: Gray-Bowen and Company, Inc., formerly William R. Gray and Company, Inc.
Capacity: Consultant
Address: 1820 Bonanza Street, Suite 204
Walnut Creek, CA 94596-4376
3. Amiend1pent Date. The effective date of this Contract Amendment/Extension Agreement is
June 3,2003.
4. Amendment Specifications. The Contract identified above is hereby amended as follows:
1. Extension of Terra: Term will remain the sane.
1I. Payment Limit: Payment Limit shall be increased by$1.0,517.64
III. Scope of Work:Scope is amended to include the necessary work to annex the Henry Ranch project to the GHAD
and perform negotiations with the developer on work to be performed prior to acceptance of the new area by
the CHAD Manager for maintenace by CHAD.
►. Amendment Payment Limit. Increase the payment limit by$16,517.64 from$43,000.00 to the
new total payment limit of$ 53,617.64.
S. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF Ct NTRA Ct?STA. CALIFORNIA CONSULTANT
Public Agenic Consultant
By Ma Shiu ._.. ( ) y ( t n e)
Publie orks Director
(Signature and busin pacify)
RECOMMENDED FOR APPROVAL: r�
ByNM— (2) By EV'0/ 7t4aC f�
lissa Morton {prima e)
enior Civil Engineer
(Sigrlatur a sin s tapacity) c
Ngkt,Q Cont ogr,For corporations(profit or nonprofit),the contact trust be signed by hvo officers. Signature A must be that of the president orvice presidettaril
Signature B must be that of the secretary or assistant secretary (Civii Cade Section 1190 and Corporations Code Section 313). All signatures must be
acknowledged as set forth on page two.
CMINDOWS\Temporary Internet FilesXOL.K121Weidemann Amendment#1.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
state ofire _ OPTIONAL SECTION
County o€_ K_ 1 t� ry _ CAPACITY CLAIMED BY SIGNER
On'5 before me, t . Though statute does not requite the Notary to fill
DA NAME,TITLE OF OFFICER E.G.,"JAN DOE,NOTARY LSC in the dat8 below,doing so may prove invaluable
\fito persons relying on the document.
personally appeared
N E ER ❑ INDIVIDUAL
4persona#ly known to me-OR-13proved to me on the basts of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the personwhose name( tsar TITLE(S)
subscribed to a within#nstrut'nent and
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IGiEt tY.ts1, $l'�N executed the same in hls4*Aft4& ❑ GENERAL
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his/awA4�si tura on the instrument
Notary Pdb�C y C+OAbtnit� the person(Ko�r the e"upon behalf of ❑ TRUSTEE(/}
Which the on(o)acted,executed the ❑ OTHER GUARDIAN/CONSERVATOR
COMM-.90.0 APr,I11.2W7 instrument.
n an # SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTrrY(IES))
SIGNR5T—ARY
OPTIONAL SEMON
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
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
WSTRUCTIONS 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.
1. 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.
IL SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in
ffii pro-pe must bestatecl.
Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have
e authority o sign for and bindthe partnership.
IV. 54GNATURES FOR CORPORATIONS
Documents shouldbe signed y 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 f=inancial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy ofa 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,wilt 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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of LIi V OPTIONAL SECTION
County of }}j CAPACITY CLAIMED BY SIGNER
On,6 74 before me, � 4h statute does not require the Notary to fin
QA NAM TITLE OF OFFICER E.G.,"JAN E,NOT RY PUBUG" In the data below,doing so may prove Invaluable
personally appeared M t t,\ & sons relying on the document.
NAME O SIGNERIS ❑ INDIVIDUAL
Hall known to me-OR-❑ / a CORPORATE OFFICER(S)
persa y proved to mean the basis f satisfactory evidence to
be the person( whose name0 A iskAft rm E(s)
subscribed to a within instrument and
acknowledged to me that Wshe" p PARTNER(S) 11 LIMITED
executed the same In Wwherftaio- 0 GENERAL
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1 r18,2007 `nstrument
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SIGNER Is REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES))
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
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.
1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signea 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
e property must be stated.
Ill. SIGNATURES FOR PART ERHIPS-Signing party must be either a general partner or be authorized in writing to have
ffie 55115ority to sign for and in the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed y 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 Secreta
c The Chief Financial A cer
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 nature or signatures from only one group,must contain the following phrase:
11 ..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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CAWSNDOWZTemP0mty Intemet FileMOLKI ZWeldemann Amendment#1.dor
KwAveva 1,2001