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HomeMy WebLinkAboutMINUTES - 07252000 - C1-C6 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: JULY 25, 2000 SUBJECT: CONTRACT AWARD RECOMMENDATION: DELTA ROAD BIKE LANES - PHASE 3 PROJECT, PROJECT NO. 0662-6R4178-00, OAKLEY AREA. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: AWARD the contract for furnishing labor and materials for the subject project to Hess Concrete Construction Company, Inc., the low bidder, in the amount of$252,335.50 and at the unit prices submitted; and REQUIRE the contractor to present surety bonds for Payment and Faithful Performance in the amounts of$252,335.50 and $252,335.50, respectively. DIRECT the Public Works Director to prepare the contract for the project. AUTHORIZE the Public Works Director to sign the contract on behalf of the Board subject to the Director having reviewed and found sufficient all required documents, i eluding the contract signed by the contractor, the aforementioned surety bonds, and ,a certifi to of insurance. Continued on Attachment:X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER_ JULY 25, 2000 VOTE OF SUPERVISORS NONE UNANIMOUS{ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy RB:kj of an action taken and entered on the minutes of G:\GRPDATA\CONST\BO\FORMS-MERGE\AWARD.DOC the Board of Supervisors on the date shown. Orig.Div.: PW(Constr) Contact: Mike Carlson(925)313-2320 cc: County Administrator JULY 25, 2000 Auditor-Controller ATTESTED: Public Works; -R.Bruno,Construction PHIL BATCHELOR, Clerk of the Board of -R.Gilchrist,Accounting Supervisors and County Administrator -Design -Transp.Engin, S.B.E. 703 Market St. San Francisco,CA 94103-1000 By , Deputy Contractor (I of 2) SUBJECT: Contract Award Recommendation: Delta Road Bike Lanes - Phase 3 Project, Project No. 0662-6R4178-00, Oakley area. BOARD DATE: July 25,2000 1. RECOMMENDED ACTION: (continued) DIRECT that, in accordance with the project specifications and/or upon the execution of the contract by the Public Works Director, any bid bonds posted by the bidders be exonerated and any checks or cash submitted for bid security be returned. Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public Contract Code Sections 4107 and 4110 to the Public Works Director or his designee. Pursuant to Section 6705 of the Labor Code, the Board also DELEGATES to the Public Works Director or to any registered civil or structural engineer designated by him the authority to accept detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during trench excavating covered by that section. DECLARE that, should the award of the contract to Hess Concrete Construction Company, Inc. be invalidated for any reason, the Board would not in any event have awarded the contract to the second listed bidder or any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing herein shall prevent the Board from reawarding the contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the contract or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100- 5107). 11. FINANCIAL IMPACT: The project, including engineering and appropriate overhead charges, is funded by Transportation Development Act (32%), Measure C (3710), and City of Oakley (31%). III. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The plans and specifications were approved and the project advertised for bids by the Board of Supervisors on June 6, 2000. The bids were received and opened at 255 Glacier Drive, Martinez, California, on Tuesday, July 11, 2000. The construction bids received were as follows: 1. Hess Concrete Construction Company, Inc. ..........................................$252,335.50 2. Granite Construction Company .............................................................$256,604.20 The Engineer's estimated construction cost was $217,440.10. (2 of 2) TG, BOARD OF SUPERVISORS � t r FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 25, 2400 SUBJECT: Joint Exercise of Powers Agreement with the City of Walnut Creek for performing crack sealing and base failure repairs on selected City roads, and for placing a cape seal surface treatment on the City's portion of Mayhew Way. Project No.: 4660-6X2111, 4660-6X2124, and 4660-6X2165 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chairman of the Board of Supervisors to execute the Joint Exercise of Powers Agreement with the City of Walnut Creek for the County to perform crack sealing and base failure repairs on selected City roads, and for the County to place a cape seal surface treatment on the City's portion of Mayhew Way. AUTHORIZE prior performance of crack seal and base failure repair work by the Publics Works Department based on the City's written agreement to reimburse the County's costs. 11. Financial lmpact: The City shall reimburse the County for all labor costs, material costs and appropriate overhead costs involved for performing crack sealing and base failure repairs on selected City roads, and for cape sealing the City's portion of Mayhew Way. Continued on Attachment: 41 SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREtSI: ACTION OF BOARD ON JULY 25, 2000 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT } I hereby certify that this is a true and correct copy of an action AYES: NOES: taken and entered on the minutes of the Board of Supervisors ABSENT: ABSTAIN: on the date shown. HF:sd G:\GrpData\Maint\Sherri\Board OrderslWalnut Creek JEPA 7-25.doc ATTESTED: JULY 25' 2000 Orig.Div: Public Works(Maintenance) Contact: Henry Finch,313-7004 PHIL BATCHELOR, Clerk of the Board of Supervisors and cc: County Adrnin. Gen.Serv.,Purchasing County Administrator Auditor Controller P.W.Accounting Gary Cullen City of Walnut Creek PO Box 8039 By Qff XVIJ + Deputy Walnut Creek,CA 94598 SUBJECT: Joint Exercise of Powers Agreement with the City of Walnut Creek for performing crack sealing and base failure repairs on selected City roads, and for placing a cape seal surface treatment on the City's portion of Mayhew Way. Project No.: 4660-6X2111, 4660-6X2124, and 4660-6X2165 DATE: July 25, 2000 PAGE: 2 Ill. Reasons for Recommendations and Background: County maintenance crews are in the Walnut Creek area performing crack sealing, base failure repairs and cape seal surface treatments to County roads. The City has requested that the County perform the same work on selected City roads. IV. Consequences of Negative Action: The crack sealing and base failure repairs for the City of Walnut Creek may not be reimbursed and the cooperative project for cape seal will not be performed. 09!1812000 y �, 0 JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF WALNUT CREEK TO PERFORM SURFACE TREATMENT PERPARATION WORK ON SELECTED CITY STREETS AND A CAPE SEAL ON MAYHEW WAY This AGREEMENT is entered into on the 25TH day of JULY , 2000, between the City of Walnut Creek, a municipal corporation of the State of California, hereinafter CITY, and the County of Contra Costa, a political subdivision of the State of California, hereinafter COUNTY, pursuant to Government Code section 6500, and following. The parties to this AGREEMENT mutually agree and promise as follows: 1. Purpose and Scope of Work. The purpose of this AGREEMENT is to provide for surface treatment preparation work on selected CITY streets and for the placement of a surface treatment on Mayhew Way as listed in Appendix A of this AGREEMENT, attached here to and incorporated herein, document (hereinafter "PROJECT"). The work to be performed consists of performing surface treatment preparation work on selected streets (crack sealing and base failure repairs), and the application of a cape seal (single chip sealcoat followed by a slurry seal) surface treatment on the City's portion of Mayhew Way. The PROJECT shall be performed in two phases. The first phase shall consist of performing all the preparation work and the placement of the single chip sealcoat on Mayhew Way by COUNTY forces. The second phase shall consist of the placement of the slurry seal on Mayhew Way by.COUNTY contracted forces (County Project No.: 4660- 6X2165-2000). 2. Responsibilities of CITY and COUNTY. A. COUNTY shall be responsible for the following: (1) Act as lead agency. (2) Provide an estimate of the PROJECT costs (listed in Appendix A). (3) Advertise and award the slurry seal contract for the PROJECT (Mayhew Way). (4) Perform all necessary work to place the cape seal on Mayhew Way including any necessary preparation work, complete in place, with its own labor and equipment, rental equipment, and contractor furnished materials, and equipment. (5) Perform preparation work, complete in place, with its own labor and equipment, rental equipment, and contractor furnished materials, and equipment. (6) Perform contract inspection, contract administration, and materials testing for the project. (7) Prepare and deliver to CITY a report of final PROJECT costs within 45 days of completion of COUNTY'S portion of the PROJECT. 1 05/18/2000 B. CITY shall be responsible for the following: (1) Review and approve COUNTY furnished estimate of the PROJECT costs. (2) Place necessary pavement stripes and markings after the cape seal has been placed by COUNTY and other items necessary to complete the PROJECT. (3) Review and accept the PROJECT upon receipt of a notice of completion of the cape seal from COUNTY. (4) Reimburse COUNTY for the final PROJECT costs. (5) Notify residents adjacent to PROJECT roads of the surface treatment schedule. 3. Financial Responsibility. CITY and COUNTY acknowledge that all costs for the PROJECT shall be bome by CITY. The term "COSTS," as used in this section 3, shall include without limitation all equipment, labor, and material costs associated with completing the PROJECT. CITY'S maximum cost shall be limited to $46,843 (120% of estimate) plus any CITY approved change orders. In addition, CITY agrees to pay appropriate overhead costs, including the cost of insurance, specific to the performance of the work within CITY. CITY shall reimburse COUNTY for the PROJECT costs within 30 days of receipt of the report of PROJECT costs. 4. Insurance and Hold Harmless. A. Before any work is performed pursuant to this AGREEMENT, CITY and COUNTY shall obtain and maintain in force Broad Form Comprehensive General Liability Insurance, including coverage for owned and non-owned automobiles, with minimum combined single limit coverage of $1,000,000 for all damages because of 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 $1,000,000 insuring the contractual liability for services provided under this AGREEMENT. B. The policy, or policies, for both regular and any excess insurance, and the riders attached thereto, or the certificates for the policies or riders, shall name the other party, its offices and employees, as additional insureds, and shall provide for notice to the other party of cancellation, modification, or lapse at lust 30 days prior to such cancellation, modification, or lapse of the policy or policies. C. The insurance hereinabove specified shall be in the form satisfactory to the panes and shall be placed with an insurance company or companies satisfactory to the parties, and shall be kept in full force and effect during the term of this AGREEMENT. 2 05/18/2000 /� `•t1 D. Prior to commencement of any work on the PROJECT, each party shall furnish, or cause to be fumished to the other party, certificates of insurance or certified copies of the policies of insurance hereinabove specified. E. If CITY or COUNTY is self-insured, the self-insured party shall provide evidence acceptable to the other party that its self-insured program provides the above-described minimum coverage. F. If CITY or COUNTY falls to maintain the above-described insurance, this AGREEMENT shall automatically terminate immediately. Upon such termination under this Section 4.E, COUNTY shall not be obligated to perform any further services, but CITY shall continue to be obligated to COUNTY for the cost of services performed by COUNTY under this AGREEMENT to the date of termination. G. Neither COUNTY nor any officer agent or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY or in connection with any work delegated to CITY under this AGREEMENT, and CITY shall defend, indemnify, save, and hold harmless COUNTY, its governing body, officers, and employees, from the same, except as provided otherwise in Section 5 below. H. Neither CITY nor any officer, agent, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY or in connection with any work delegated to COUNTY under this AGREEMENT, except for damage or liability due to loose aggregates during periods when the COUNTY is not actively pursuing the work in an established work zone, and COUNTY shall defend, indemnify, save, and hold harmless CITY, its governing body, officers, and employees, from the same, except as provided otherwise in Section 5 below. I. Nothing in this AGREEMENT is intended or shall be construed to effect the legal liability of either party to third parties by imposing any standard of care greater than that imposed by law. J. In the contract document for slung seal, the Contractor shall name the CITY as an additional insured and the CITY shall be held harmless and indemnified. 5. Acceptance By CITY. Once the PROJECT work is completed by COUNTY, the CITY all accept total responsibility for use, operation, and maintenance of the PROJECT, and CITY shall defend, indemnify, save, and hold harmless COUNTY, its governing body, officers and employees, against all claims, suits, actions, or liability that arise relating to the use, operation, or maintenance of said portion after COUNTY completes the PROJECT. s 05115!2000 6. Restrictions. Pursuant to Government Code Section 6509, the powers of the parties under this AGREEMENT shall be subject to the restrictions on such powers applicable to COUNTY. 7. Accountability. As required by Government Code Section 6505, both parties to this AGREEMENT shall provide a report providing strict accountability of all funds received and disbursed for the PROJECT. S. Agreement Modification. This AGREEMENT shall be subject to modification only with the written consent of the legislative bodies of both parties. Neither party shall unreasonably withhold its consent to modification for the implementation and accomplishment of the overall purpose for which this AGREEMENT is made. 9. Agreement Expiration. Except for the provisions of Sections 4G, 4H, and 5 above, this AGREEMENT shall expire upon delivery of the report of final costs and payment of funds between CITY and COUNTY. 10. Entire Agreement. This AGREEMENT contains the entire understanding of the parties relating to the subject matter of this AGREEMENT. Any representation or promise of the parties relating to the PROJECT shall not be enforceable unless it is contained in this AGREEMENT or in a subsequent written modification of this AGREEMENT executed by the legislative bodies of both parties. 0511 a72000 •, �� ,r CON;Chairman OSTA C NTY CITY OF WALNUT CREEK By 0 00 rd of Supervisors By ATTEST: ' ACify Manager Phil Batchelor, Clerk of the Board of Supervisors and County A istrator Recommfor Ap val: CITY gineer By B Recommend for Approval: Q Maurice Shiu Form Approved: Public Works Director P CITY Attorney Form App ed: By ° Victor J. Westman County Cu r�sel t, By Deputy:' c LL m N N N N N N � � r r e c 0 'E °' Or c 04 N auj IL Q vs O c ti °' o � C � d E dCL CL CL CL 3 a 0 U > F. r a v 2 -OR `6W. E ` ti W LL itl n n n !— v e� o CL �i 3f d c c c , c di n n n c c y m c W p E «? �� ! ! ! ! ! ! ! ! ! ! ! ! c5thLU CL (D co F . o e c sm Cc La 46 Lo = c c UtY VS `a c © ami W — t cn- ® m ) � ! I ! ! ! ! ! ! ! ! ! ! rL- E M '� 113 tD h'w co 0 .at'.. t u N �y sa i a. O d RD F SUPERVISORS TO. BOA O (,o FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 25, 2000 SUBJECT: APPROVE Consulting Services Agreement with Lorick Associates to provide assistance in selecting and implementing a Maintenance Management System, Countywide. Project Number 4547-6A5056. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE the Public Works Director to execute the Consulting Services Agreement with Lorick Associates Consulting, in the amount of$76,549, to analyze current Public Works maintenance practices and to assist in the selection and implementation of a Maintenance Management software product, countywide. 111. Financial Impact: Agreement provides for compensation of consulting services in an amount not to exceed $76,549 (100% Road Funds and Special Districts). Continued on Attachment: SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIG ATURE1SI: ACTION OF BOARD ON JULY 25, 2000 APPROVED AS RECOMMENDED X OTHER_ VQJE OF SUPERVISORS UNANIMOUS{ABSENT NONE ) I hereby certify that this is a true and correct copy of an action AYES: NOES: taken and entered on the minutes of the Board of Supervisors ABSENT: ABSTAIN: on the date shown. TB:sd G:\GrpData\Malnt\Sherrl\Board Orders\ ,JULY 25 2000 Lorick Assoc CSA 7-25.doc ATTESTED: Orig.Div: Public Works(Maintenance) PHIL BATCHELOR, Clerk of the Board of Supervisors and Contact: T.Sormen,313-7050 cc: County Admin. County Administrator Gen.Serv.,Purchasing Auditor Controller P.W.Accounting X840AAssociates an©street,suite 324 By , Deputy EI Segundo,CA 90245 SUBJECT: APPROVE Consulting Services Agreement with Lorick Associates to provide assistance in selecting and implementing a Maintenance Management System, Countywide. Project Number 4547-6A5056 DATE: July 25, 2000 PAGE: 2 111. Reasons for Recommendations and Background: The Public Works Department is working to bring its policies and practices into conformance with the best management practices established by the American Public Works Association in order to become an "Accredited Public Works Agency." A significant element of the Department's responsibility is the management of infrastructure improvements. Modern practice as reflected in the APWA accreditation criteria, requires a detailed, systematic analysis of the condition of all infrastructure assets to best manage maintenance programs. The most efficient way to provide the necessary analysis is through the use of a computerized information system a Maintenance Management System (MMS). We anticipate significant cost savings due to increased efficiency through the use of a MMS. There are many commercial computer software products available that are designed to manage infrastructure assets. However, the experience of many public agencies has shown that successful implementation of a MMS depends on carefully matching the capabilities of a software product to the goals and current practices of the maintenance organization. With this in mind, a request for qualifications, related to MMS system implementation, was sent to twenty-six management consultants. Three responses were received. A subsequent request for proposal resulted in responses from Lorick Associates Consultants and Santina and Thompson. Lorick Associates Consulting was selected as the most qualified to provide the requested services. Lorick Associates Consulting will evaluate and document our current maintenance activities, will recommend improvements in work methods, equipment and material utilization and budgeting and management procedures. The consultant will facilitate our review of MMS software products and recommend products for our selection. Lorick Associates will assist Department staff installing the selected software product and assure that it performs acceptably. IV. Consequences of Negative Action: Without the requested consultant services, the Department faces an increased risk of poor implementation of a MMS. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 25, 2000 SUBJECT: Fourth Amendment to Agreement to Provide Services to the Contra Costa Transportation Authority. Project No.: 4660-6X4258 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Fourth Amendment to Agreement No. 86 to provide right of way services for an additional $50,000 to the Contra Costa Transportation Authority, accepted by their Board on June 21, 2000, for the State Route 4 East/Bailey to Railroad Avenue project, and AUTHORIZE the Board Chair to sign the amendment on behalf of the County. II. Financial Impact: Contra Costa Transportation Authority will pay the actual costs for Real Property staff right of way services. III. Background and Reasons for Recommendations: The Contra Costa Transportation Authority requires a variety of right of way services but has no right of way staff and has contracted with the County for these services. IV. Conseguences of Negative Action: The Contra Costa Transportation Authority would not be able to contract for the County's right of way services. Continued on Attachment: SIGNATU :RE MENDATI N 6F COUNTY AMINI R RECOMMENDATION OF BOARD C EE APPROVE OTHER SIGNATURE(S): ACTION OARD ON JULY 25, 2ff RO ED AS RE OMMENDED_X_ OTHER - VOTE OF SUPERVISORS X UNANIMOUS (ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: 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 KAL:csp:eh date shown. G:\GrpData\RealProp\2000-Files\BOs&RES\bo20Bailey to RR Fourth.doc Orig. Div: Public Works(RIP) ATTESTED: JULY 25. 2000 Contact: Karen A. Laws(313-2228) PHIL BATCHELOR,Clerk of the Board of cc: County Administrator Supervisors and County ZZE&Y- Auditor-Controller(via RIP)P.W.AccountingByDeputy ORIGINAL CONTRA COSTA'TRANSPORTATION AUTHORITY FOURTH AMENDMENT TO CCTA AGREEMENT NO.86 . WITH CONTRA COSTA COUNTY FOR. STATE ROUTE 4(EAST) PROJECT RIGHT OF WAY SERVICES June 21,2000 WHEREAS,the Contra Costa Transportation Authority and Contra Costa County Real Property Division ("CONSULTANT")entered into Agreement No. 86 on August 1, 1998; and WHEREAS,the parties entered into Amendment#1 on June 16, 1999 to reflect the change in salary rates charged by CONSULTANT; and WHEREAS,the parties entered into Amendment#2 on July 21, 1999 to increase the maximum compensation, and WHEREAS,the parties entered into Amendment#3 on April 19, 2000 to increase the maximum compensation, and WHEREAS,the parties now wish to further amend the Agreement to increase the maximum compensation; now therefore be it MUTUALLY AGREED: (1) that Article 3 of the agreement is amended to expand"Services by County"to include tasks set,forth in the attached letter from Contra Costa Public Works Department dated May 24,2000; and (2) increase the Total Agreement Value by$50,000 for an overall Total Agreement Value of$347,000; and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof,the parties hereto have executed this Fourth Amendment to the Agreement as of the day and year above written. COUNTY OE,CONTRA TA CONTRA COSTA TRANSPORTATION AUTHORITY Chair,Board of Supe Iso Millie Greenberg,Chair ATTEST: Phil Batchelor ATTEST: Clerk of the Board of Supervisors and County Administrator By De ty Rabe .McCle ,Executive 114prector �y ! Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for OCTA By: By: c.S , rincipal Real Prope Agent Stanley S.Taylor By:t✓t—A _cv, 3 Public Wor s Iii ctor Approved as to Form: Victor J. Westman, County Counsel By: Deputy i TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 25, 2000 SUBJECT: Fifth Amendment to Agreement No. 87 to Provide Right of Way Services to the Contra Costa Transportation Authority Project No. 4660-6X4152 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE Fifth amendment to Agreement No. 87 for an additional $425,000 to provide right of way services to the Contra Costa Transportation Authority (CCTA) for the State Route 4 (WEST) GAP Closure project, and AUTHORIZE the Board Chair to sign the agreements on behalf of the County. 111. Financial Impact: Contra Costa Transportation Authority will pay the actual costs for Real Property staff right of way services. III. Background and Reasons for Recommendations: Contra Costa Transportation Authority requires a variety of right of way services but has no right of way staff and has contracted with the County for these services. IV. Consequences of Negative Action: Less efficient government because the Contra Costa Transportation Authority would have to hire additional private contractors at a greater expense. Continued on Attachment: SIGNATU 17Z RECOMMENDATION OF COUNTY ARMINIS3RATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ,JULY 25� 2000 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: 1 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. KAL:csp:eh ATTESTED:_ JULY 259 2000 G:\GrpData\RealProp\2000-Files\80s&RES\BO20GAP CCTA.doc PML BATCHELOR, Clerk of the Board of Orig. Div: Public works(RIP) Supervisors and County Administrator Contact: Karen Laws(313-2228) cc: County Administrator By Deputy Auditor-Controller(via RIP) P.W.Accounting 61 ORIGINAL CONTRA COSTA TRANSPORTATION AUTHORITY FIFTH AMENDMENT TO OCTA AGREEMENT NO.87 WITH CONTRA COSTA COUNTY FOR STATE ROUTE 4(WEST)GAP CLOSURE PROJECT RIGHT OF WAY SERVICES June 2l,2000 WHEREAS,the Centra Costa Transportation Authority and Contra Costa County Real property Division ("CONSULTANT")entered into Agreement No. 87 on August 1, 1998;and WHEREAS,the parties entered into Amendment#I to the Agreement on January 20, 1999 to increase the maximum compensation to$250,000; and WHEREAS, the parties entered into Amendment#2 to the Agreement on May 19, 1999 to increase the maximum compensation to$455,000;and WHEREAS, the parties entered into Amendment#3 to the Agreement on June 16, 1999 to reflect a change in salary rates charged by CONSULTANT;and WHEREAS,the parties entered into Amendment#4 to the Agreement on June 16, 1999 to increase the maximum compensation to$728,000; and WHEREAS,the parties now wish to further amend the Agreement to reflect additional right-of-way services which were not originally envisaged and increase the Total Agreement Value;now therefore be it MUTUALLY AGREED; (1) that Paragraph 3 of the Agreement is amended to expand"Services by County"to include tasks set forth in the attached letter from Contra Costa County Public Works Department dated May 25,2000; (2) increase the Total Agreement Value by$425,000 for an overall Total Agreement Value of$1,153,000;and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof,the parties hereto have executed this Fifth Amendment to the Agreement as of the day and year above written. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY Chair,Board of Supervi r Millie Greenberg, Chair ATTEST: Phil Batchelor ATTEST: Clerk of the Board of Supervisors and County Administrator By: � y Robe Cle ecutive Directo Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA By: By: Crcipal Real Property Agent Stanley S. Tayl r By: C✓1`' Public WorkYbirijtor Approved as to Form: Victor J.Westman,County Counsel By: THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 25, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCL4MILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2000/ 358 Government Code § 25526.6 Conveyance of an Easement to Pacific Bell Telephone Company Project No. 4070-6G5007 3020 Grant Street Concord Area CP No. 00-40 The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by deed recorded on August 3, 1970, in Book 6184 at page 498, in the Concord area. Pacific Bell Telephone Company has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for communications facilities. This Board FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the County's use of the property. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to Pacific Bell Telephone Company over the property described in Exhibit "A" attached hereto, pursuant to Government Code Section 25526.6 and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the County in consideration for the payment received in full in the amount of$5,000.00. The Real Property Division is DIRECTED to cause said Easement to be delivered to the grantee. I hereby certify that this is a true and correct LLO:eh copy of an action taken and entered on the G:1GrpData\ReafProp12000-Flies\BOs&RESOR27-Pacbell.doc minutes of the Board of supervisors on the Orig.Dept.: Public Works(RIP) date shown. Contact: L. Lucy Owens(315-2229) cc: Public Works Accounting ATTESTED: JULY 25, 2000 Public Works Records PHIL BATCHELOR,Clerk of the Board of Grantee(via R/P) Recorder(via R/P) Supervisors and County Administrator Community Development Dept BY Deputy RESOLUTION NO. 20001 358 s j P--nrded at the request of: Pacific Bell After recording return to: Pacific Bell t 2600 Camino Ramon, Suite 2N350U Sar? Ramon, CA 94563 Attention: Scott Booth Portion of A.P.N. 110-100-022 GRANT OF EASEMENT For good and valuable consideration, including but not limited to the agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, (hereinafter "COUNTY"), hereby grants to PACIFIC BELL TELEPHONE CO., (hereinafter"GRANTEE"), a nonexclusive right to a perpetual easement and right of way to construct, maintain, operate, inspect, repair, replace and remove such communication facilities as Grantee may from time to time require, (including ingress thereto and egress therefrom) consisting of cables, wires, conduits, manholes, handholes, markers, pedestals, electrical conductors, structures with electronic communication equipment therein and associated paving, fencing, and other necessary fixtures and appurtenances related thereto, and for no other purposes whatsoever; in, over, under and upon the hereinafter described parcel of land situate in the City of Concord, County of Contra Costa, State of California, described as follows: FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A" AND "B" The foregoing grant is made subject to the following terms and conditions: 1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to this easement (hereinafter the "Property") is for purposes, including, but not limited to, the right to operate, maintain and for ingress and egress to County's facilities. GRANTEE acknowledges and agrees that the use just described constitutes the primary use of the Property and that any and all rights granted or implied by this Grant of Easement are secondary and subordinate to the primary use of the Property by the COUNTY, its successors and assigns. GRANTEE shall not, at any time, use or permit the public to use the easement area in any manner that will interfere with or impair the COUNTY's primary use of the Property. GRANTEE shall not fence said easement without the prior written approval of the COUNTY, and shall remove any fencing when requested by COUNTY to do so. GRANTEE shall not otherwise obstruct the easement area. 2. COUNTY TITLE: GRANTEE hereby acknowledges COUNTY's title to the Property and agrees never to assail or resist said title. 1 3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior to any construction, reconstruction, remodeling, excavation, installation or plantings within the easement area, submit specific plans and specifications to the COUNTY for review and approval. Such approval, together with any additional requirements to be in the form of a written permit issued by COUNTY to GRANTEE. {b} Normal maintenance by GRANTEE of its facilities within the easement area, including inspection and cleaning of existing pipelines, shall not require prior notice to the COUNTY. GRANTEE shall perform maintenance of its facilities so as to prevent damage to the site. 4. DAMAGE TO COUNTY PROPERTY: Any and all COUNTY Property, facilities, landscaping or other improvements, removed or damaged as a result of the use of the easement area by GRANTEE, or any other person or entity acting under GRANTEE's direction or control, shall, at COUNTY's discretion and direction, be repaired or replaced by COUNTY, with all reasonable costs and expenses to be paid by GRANTEE (including but not limited to engineering costs and legal costs of collecting any unpaid expenses) or shall be repaired or replaced by GRANTEE, at the sole cost and expense of GRANTEE, equivalent to or better than their existing condition, In the event that GRANTEE fails to commence the required work within Yhirty days after being directed to do so by COUNTY, or such reasonable extension as COUNTY may agree to in writing, or fails to complete the required work within a reasonable time thereafter, COUNTY may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. 5. DAMAGE TO GRANTEE'S FACILITIES: COUNTY shall have no responsibility for the protection, maintenance, damage to, or removal of GRANTEE's facilities, appurtenances or improvements, caused by or resulting from COUNTY's use of the Property or work or operation thereon. It shall be the sole responsibility of the GRANTEE to provide and maintain adequate protection and surface markings for its own facilities. Subject to the foregoing, if GRANTEE's properly marked, protected and maintained facilities are damaged by the sole, active negligence or willful misconduct of COUNTY, COUNTY shall repair the damage at its sole cost and expense or, at the discretion of and upon written notice from COUNTY, the damage shall be repaired by GRANTEE and the pre-approved reasonable cost of such repair shall be paid for by COUNTY. Under no circumstance shall COUNTY have any liability to GRANTEE or to any other person or entity, for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities arising from or in any way relating to, any damage or destruction of any portion of the GRANTEE's facilities. GRANTEE hereby acknowledges that its sole remedy for any damage to or destruction of any portion of GRANTEE's facilities, to the extent COUNTY is otherwise so liable under this Grant of Easement, shall be to require COUNTY to repair or replace the damaged 2 or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion. 6. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non- exclusive. This easement is subject and subordinate to all existing rights, rights of way, licenses, reservations, franchises and easements of record, or that would be evident from a physical inspection or accurate survey of the Property, in and to the Property. GRANTEE agrees to take all precautions required to avoid damage to the facilities of the existing users. If GRANTEE damages the facilities or improvements of any existing user, GRANTEE shall repair or replace such facilities at GRANTEE's sole cost and expense. Nothing contained herein shall be construed to prevent COUNTY from granting other easements, franchises, licenses or rights of way over said lands, provided however, that said subsequent uses do not unreasonably prevent or obstruct GRANTEE's easement rights hereunder. 7. FRANCHISE FEES: the extent not exempt by PUC 7901, the Grantee shall pay to the County a franchise fee for use of the County right of way at the maximum rate permitted by law. To the extent that any telephone or telegraph line installed pursuant to this easement is used for the operation of a cable system, as now or hereafter designed in a state of federal law, or for the transmission of video programming, or other programming services to subscribers, the Grantee shall be required to apply to the County for a cable franchise and shall pay to the County a franchise fee on gross revenue at the maximum rate allowed by law. 8. INDEMNIFICATION,,AS-IS CONDITION OF PROPERTY. (a) In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury to the public, to persons and to property arising out of or connected with GRANTEE's use of the Property. GRANTEE shall indemnify, defend, save, protect and hold harmless, COUNTY, its officers, agents, employees and contractors from and against any and all threatened or actual loss, damage (including foreseeable and unforeseeable consequential damages), liability, claims, suits, demands, judgments, orders, costs, fines, penalties or expense of whatever character including but not limited to those relating to inverse condemnation, and including attorneys' fees, (hereinafter collectively referred to as "Liabilities") to persons or property, direct or consequential, directly or indirectly contributed to or caused by the granting of this easement , GRANTEE's operations, acts or omissions pursuant to this easement, or the GRANTEE's use of the easement, save and except Liabilities arising through the sole negligence or sole willful misconduct of the COUNTY, its officers or employees. b) GRANTEE further agrees to defend, indemnify, save, protect and hold harmless COUNTY from any and all actual or threatened claims, costs, actions or proceedings to attack, set aside, void, abrogate or annul this grant of easement or any act or approval of COUNTY related thereto. 3 c) GRANTEE accepts the easement area in an "as is" physical condition, with no warranty, guarantee, representation or liability, express or implied on the part of the COUNTY as to any matter, including but not limited to the physical condition of the Property and/or the condition and/or possible uses of the land or any improvements thereon, the condition of the soil or the geology of the soil, the condition of the air, surface water or groundwater, the presence of known and unknown faults, the presence of any hazardous substance, materials, or other kinds of contamination or pollutants of any kind in the air, soil, groundwater or surface .water, or the suitability of the Property for the construction and use of the improvements thereon. It shall be the sole responsibility of GRANTEE, at its sole cost and expense, to investigate and determine the suitability of the soil, water, geologic, environmental and seismic conditions of the Property for the intended use contemplated herein, and to determine and comply with all building, planning and zoning regulations relative to the Property and the uses to which it can be put. GRANTEE relies solely on GRANTEE's own judgment, experience and investigations as to the present and future condition of the Property or its suitability for GRANTEE's intended use and is not relying in any manner on any representation or warranty by COUNTY. GRANTEE agrees that neither GRANTEE, its heirs, successors or assign shall ever claim have or assert any right or action against COUNTY for any loss, damage or other matter arising out of or resulting from the presence of any hazardous substance or any other condition of the Property at the commencement of the easement or from the release of any hazardous substance in, on or around any part of the Property or in the soil, water, subsurface strata or ambient air by any person or entity other than the COUNTY following the commencement of this easement. As used herein, "hazardous substance" means any substance, material or waste which is or may become designated, classified or regulated as being "toxic," "hazardous" or a "pollutant" under any federal, state or local law, regulation or ordinance. Nothing in this section is intended in any way to restrict the right of GRANTEE to seek contribution or indemnity from any person or entity other than COUNTY whose activities are a cause of any discharge, leakage, spillage or emission of hazardous materials on or to the Property. d) To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect and hold the COUNTY harmless from and against any and all claims, demands, Liabilities, expenses (including without limitation attorneys fees and consultants fees), penalties, damages, consequential damages and losses, and costs (including but not limited to the costs of any required or necessary testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties and from and against the preparation of any cleanup, remediation, closure or other required plans whether such action is required or necessary prior to or following the termination of the easement), of any kind or nature, to the extent caused or contributed to by GRANTEE's operation or performance under this easement, or GRANTEE's use, release or disposal of any hazardous substance, including all costs, claims, damages (including property and personal injury) caused by the uncovering, release or excavation of hazardous materials (including petroleum) as a result of GRANTEE's construction, reconstruction, maintenance, use, 4 replacement, or removal of its facilities, to the extent that such activities increase the costs attributable to the cleanup or remediation of such hazardous materials. e) The obligations contained in this section shall survive the expiration or other termination of this easement. 9. NO WARRANTIES: GRANTEE understands and acknowledges that COUNTY makes no representations, warranties or guarantees of any kind or character, express or implied, with respect to the Property, and GRANTEE is entering into this transaction without relying in any manner on any such representation or warranty by COUNTY. 10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein continuously for a period of one year, or in the event GRANTEE abandons its facilities or fails to use the easement for the purpose for which it is granted, then all rights of GRANTEE in and to said lands shall thereupon cease and terminate and shall immediately revert to and vest in COUNTY or its successors. Upon any such termination of GRANTEE`s rights, GRANTEE shall, upon request by COUNTY, and at GRANTEE`s sole cost and expense, remove all of its facilities from the easement area and restore said Property to its original condition. Upon the failure of GRANTEE to do so, this work may be performed by COUNTY at GRANTEE`s expense, which expense GRANTEE agrees to pay to COUNTY upon demand. GRANTEE shall execute any Quitclaim Deeds required by COUNTY in this regard. 11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred, apportioned or assigned without the prior written consent of COUNTY. 12. ENTIRE AGREEMENT: This grant of easement contains the entire agreement between the parties hereto and shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. 13. CONSTRUCTION; This grant of easement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this grant of easement and their counsel have read and reviewed this grant of easement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this grant of easement. 5 14. SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. 1N WITNESS WHEREOF, this Grant of Easement is signed and executed this 25TH day of CONTRA COSTA COUNTY GRANTEE -- PACIFIC BELL TELEPHONE COMPANY - s By By Chair, Boar Supervisors Laurie Miller TITLE: General Manager, Engineering and Construction STATE OF CALIFORNIA) COUNTY OF CONTRA COSTA j On JULY 25, 2000 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Mai,-i ma„ Donna C,"ber who is personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their autho- rized capacity(ies), and that by his/her/their signa- tures)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. By: Deputy Ir Form Approved(07199) Victor J. Westman,County Counsel LLO:eh G:\GrpData\RealProp\2000-Files\00-2\EA17PA_MC.pacb.doc 2/23/00 6 Brian Kangas Foul C Engineers • Surveyors • Planners March 10, 2000 BKF Project No. 20005035-50 EASEMENT DESCRIPTION PACIFIC BELL EASEMENT ALL that certain real property situate in the City of Concord, County of Contra Costa, State of California, and described as follows: BEING a portion of the property described in the Quitclaim Deed from the State of California to the County of Contra Costa, said Quitclaim Deed is attached thereto and made a part thereof of Resolution Number 70/455 accepting said quitclaim deed by the County of Contra Costa, recorded August 3, 1970 in Book 6184 at page 495 through 497, official records of Contra _ Costa County, said portion being more particularly described as follows: COMMENCING at the northwest comer of said lands of Contra Costa County (6184 C.R. 495); THENCE southerly along the west line of said lands of Contra Costa County (6184 C.R. 495), South 03°49'30" East 81.49 feet; THENCE, at a right angle, leaving said west line of the lands of Contra Costa County, North 86°10'30" East 5.00 feet to a point being on the east line of the easement for street widening purposes described in the Grant of Easement to the City of Concord, recorded December 23, 1969 in Book 6030 at page 19, Contra Costa County records, said point also being the TRUE POINT OF BEGINNING of this description; THENCE southerly along said east line of the easement for street widening purposes (6030 O.R. 19), South 03°49'30" East 25.00 feet; THENCE, at a right angle, leaving said east line of the easement for street widening purposes (6030 O.R. 19), North 86°10'30" East 30.00 feet; THENCE, at a right angle, North 03"49'30" West 25.00 feet; THENCE, at a right angle, South 86°10'30" West 30.00 feet to the POINT OF BEGINNING. Containing an area of 750 square feet, more or less. A plat showing the above described easement is attached hereto and made a part hereof as Exhibit "B". This easement description has been prepared by me in conformance with the Professional Land Surveyor's Act. For BRIAN KANGAS FOULK. LAND sGP By: 1�° o -4am PAUL KITTREDGE -moo Paul Kittredge, PZ. No. 5790 Dated EXP.6/30/00 License Expires: 06/30/00 to L.S. 5790 k:1005035\descriptions\pb-desc.doc tr OF C A����¢ Exhibit"A" Page 1 of 1 2737 North Main Street,Suite 200 • Walnut Creek,CA 94596-2714 + (925)940-2200 FAX(925)940-2299 9 Irian Kangas Faulk Engineers * Surveyors • Planners March 10, 2000 BKF Project No. 20005035-50 ]EASEMENT DESCRIPTION PACIFIC BELL EASEMENT ALL that certain real property situate in the City of Concord, County of Contra Costa, State of California, and described as follows: BEING a portion of the property described in the Quitclaim Deed from the State of California to the County of Contra Costa, said Quitclaim Deed is attached thereto and made a part thereof of Resolution Number 70/455 accepting said quitclaim deed by the County of Contra Costa, recorded August 3, 1970 in Book 6184 at page 495 through 497, official records of Contra Costa County, said portion being more particularly described as follows: COMMENCING at the northwest comer of said lands of Contra Costa County (6184 O.R. 495); THENCE southerly along the west line of said lands of Contra Costa County (6184 O.R. 495), South 03°49'30" East 81.49 feet; THENCE, at a right angle, leaving said west line of the lands of Contra Costa County, North 86010'30" East 5.00 feet to a point being on the east line of the easement for street widening purposes described in the Grant of Easement to the City of Concord, recorded December 23, 1969 in Book 6030 at page 19, Contra Costa County records, said point also being the TRUE POINT OF BEGINNING of this description; THENCE southerly along said east line of the easement for street widening purposes (6030 O.R. 19), South 03°49'30" East 25.00 feet; THENCE, at a right angle, leaving said east line of the easement for street widening purposes (6030 O.R. 19), North 86°10'30" East 30.00 feet; THENCE, at a right angle, North 03"49'30" West 25.00 feet; THENCE, at a right angle, South 86°10'30" West 30.00 feet to the POINT OF BEGINNING. Containing an area of 750 square feet, more or less. A plat showing the above described easement is attached hereto and made a part hereof as Exhibit "B" This easement description has been prepared by me in conformance with the Professional Land Surveyor's Act. For BRIAN KANGAS FOULK. 0 N D b BY: __ 3/1 PAUL KITTREDGE Paul Kittredge, P.VS. No. 5790 Dated EXP 6/30/00 License Expires: 06/30/00 �, L.5.5790 k:1005035\descriptionsipb-desc.doc �4 OF C Exhibit"A" Page 1 of 1 2737 North Main Street,Suite 200 • Walnut Creek,CA 94596-2714 • (925)940-2200 • FAX(925)940-2299 wy APHIC SCALE C; �� 40 0 20 40Co �j O�� C7 � J J� nv.1/ *49,30rrC 109.0 S03 � IN FEET ) `4 J 6 I inch = 40 ft. co 17 NA HA l m -23116'9 A a1 97 A o E3 98— m; PROPOSED 155 vl PACIFIC BELL 0 EASEMENT 0 750 SO.FT.t POINT/ . OF BEC{N)NTNG Rw FOR ROAD WIDENINOR 19 1 01 6030 O• 1 1 114.00, POINT 1 (D .... r301,E OF COMMENCEMENT Ng6.10, , 5.00 ( ) - Sri 49 r�03'4. ..-9--3-°--M M ln NO3-49'30"W, ! _ `v - w IES) mm „'^' 267.9 _ �„ sTRE NO3 4930 BCjSANT �� INC) .-4 03ASIS OF --- DA TA TABLE No. BEARING LENGTH -" 1 i S03'49'30"E 25.00 N85'l 0'30 'E 30.00 NO3'49'30"W 25.00 REFERENCES: S86'10'30"W 30.00 REFERENCES: (1) 1Ql MAPS 23 (2) 6184 O.R. 495 EXHIBIT "B" 1110011110 2737 North Main Street Subject PLAT Ti ACCOMPANY Suite 200 PACIFIC BELL EASEMENT,CONCORD Walnut Creek, CA 94596 Job No. 20005035--50 eorcusT1ra cMairceIs 925/940-2200 By RS Date 03/07 00 Chkd . PK 925/940-2299 (FAX) SHEET 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `s State of California ss. r tCounty of t © before me, e_-e/7_ rt • Z &46; , Date Name and Title of Officer(e.g.,'Jane Doe,Notary Publ personally appeareds' Name(a)of Signer(5) personally known to me proved to me on the basis of satisfactory evidence to be the person(p) whose name(K) is/a)o subscribed to the within instrument and acknowledged to me that Fj thgy executed the same in ty a th)& authorized SCOTT L 80077 capacity(o and that by ttit/l&th)d'ir Cammitsion#1246W signature(C on the instrument the person(g), or Notary Pubffc-Ca fob the entity upon behalf of which the person(O.) Contra Lotto Court Myt:,exnn°f 0ec2j2�! acted, executed the instrument. WIT ESS my hand and official seal. Al Place Notary Seal Above signature of Notary 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: "2/1!► 3� tt/' c',tr.�r Document Date:_ E'` �'r`4t Number of pages: Signer(s)Cather Than Named Above: Capacity(iss) Claimed by Signer Signer's Name: Individual ,a+J Title(s): I Top of thumb here �' Corporate Officer�-- �trc>a 1"/ y ; E partner—L; Limited C General vS E Attorney in Fact E Trustee El Guardian or Conservator E Other: Signer is Representing: All a42412A i C 1897 National Notary Association•9350 Do Soto Avo.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No,5907 Reorder:Call Toll-free 1.800.876-6827 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 4070-6035007 CP NO.: 00-40 ACTIVITY NAME: Conveyance of Easement to Pacific Bell, At 3020 Grant St., Concord DATE: April 12, 2000 PREPARED BY: Trina Torres This activity Is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists of granting a 30-foot by 25-foot easement over a portion of Contra Costa County property, identified as Assessor's Parcel Number110-100-022 (George Miller Center), to Pacific Bell. The County will maintain ownership of the parcel. The easement is for the installation of a vault that will house electronic equipment and an electrical pedestal for communication purposes. Pacific Bell will be responsible for obtaining CEQA compliance for the actual installation of the vault. LOCATION: In the Central County area, within the City of Concord, on the east side of Grant Street, approximately 600 feet south of the intersection of Grant Street and Olivera Road. (Figures 1-3). 1§REVIEWED BY: DATE: Cece Sellgren, nvlro men I Plan er nPPnvVED Y: DATE: unity Development Representative m GAGrpDatatEngSvc\ENVIR0\2000 projects\CEQAonly\Determ.ExempAPacbell Convey-Ease-Grant St-doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street,4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person:Cece Sell recd - Public Works DeDt. Project Description, Common Name (if any) and Location: Conveyance of Easement to Pacific Bell at 3020 Grant Street, Concord area, County File #CP 00-40. Project Description: The activity consists of granting a 30-foot by 25-foot easement over a portion of Contra Costa County property, identified as Assessor's Parcel Numberl 10-100-022 (George Miller Center), to Pacific Bell. The County will maintain ownership of the parcel. The easement is for the installation of a vault that will house electronic equipment and an electrical pedestal for communication purposes. Pacific Bell will be responsible for obtaining CEQA compliance for the actual installation of the vault. Project location: In the Central County area, within the City of Concord, on the east side of Grant Street, approximately 600 feet south of the intersection of Grant Street and Olivera Road. (Figures 1-3). This project is exempt from CEQA as a: — Ministerial Project (Sec. 15268) Other Statutory Exemption, Section — Declared Emergency (Sec. 15269(a)) 7 General Rule of Applicability(Section 16-0-61(b)(3) — Emergency Project (Sec. 15269(b) or(c)) — Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee 550 Due G:\GrpData\EngSvc\ENVIRO\2000 projects\ CEQAonly\NOE\PacBell Conv-Ease-Grant St..doc CALIFORNIA ENVIRONMENTAL QUALITY ACT : otiee of Exemption Contra Costa County Community Development Department 651 Fine Street, 4th Floor-Forth Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person:Cece Sellaren - Public Warks Debt Project Description, Common Name (if any) and Location: Conveyance of Easement to Pacific Bell at 3020 Grant Street, Concord area, County File #CP 00-40. Project Description: The activity consists of granting a 30-foot by 25-foot easement over a portion of Contra Costa County property, identified as Assessor's Parcel Number110-100-022 (George Miller Center), to Pacific Bell. The County will maintain ownership of the parcel. The easement is for the installation of a vault that will house electronic equipment and an electrical pedestal for communication purposes. Pacific Bell will be responsible for obtaining CEQA compliance for the actual installation of the vault. Project location: In the Central County area, within the City of Concord, on the east side of Grant Street, approximately 600 feet south of the intersection of Grant Street and Olivera Road. (Figures 1-3). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section _ — Declared Emergency (Sec. 15269(x)) ,,.General Rule of Applicability(Section 15061(b)(3) — Emergency Project (Sec. 15269(b) or (c)) — Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on 1 received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. 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