HomeMy WebLinkAboutMINUTES - 08122003 - C.6-C.8 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: August 12, 2003
SUBJECT: Approve Project Contingency Fund Increase and APPROVE and AUTHORIZE the Public
Works Director, or designee, to execute Contract Change Order No. 1 for the Pleasant
Hili Road Overlay project, Project No. 4660-6X4156-03, Pleasant Hill area. {District IV)
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
APPROVE Pleasant Hill Road Overlay project contingency fund increase of$60,000 for a new total
of$73,436 effective August 12, 2003 and APPROVE and AUTHORIZE the Public Works Director,
or designee,to execute Contract Change Order No. 1 with MCK Services, Inc.,effective August 12,
2003, in an amount not to exceed $64,000 to a new payment limit of$208,000,for increase in base
failure repair costs.
II. Financial Impact:
The project contingency funds are currently insufficient to coverthe increased cost.The increase in
contingency funds will be funded by (50% Measure C Funds 5 9%, ity Pleasant Hill Funds).
Continued on attachment: X yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROV OTHER
r'
SIGNATURES '.`_
ACTION OF BOART ON: AUGUST APPROVED AS RECOMMENDED XX OTHER
s ✓
I hereby certify that this is a true and correct copy of an
VOTE OF SUPERVISORS action taken and entered on the minutes of the Board of
xx UNANIMOUS (ABSENTNONE ) Supervisors on the date shown.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: AUGUST 12, 2003
Contact: Mike Carlson,(925)313-2320 JOHN SWEETEN, Clerk of the Board of Supervisors and
County Administrator
Orig.Div.: PW(Constr)
cc: County Administrator
Auditor-Controller By Deputy
Public works
Accounting
Construction,R.Bruno
Design
Contractor
RB:tb
G:\GRP DATA\CON ST\80\2003\APPRO VECONTtNGE NCYP LEASANTH I LL RDOVERLAY.BOC
SUBJECT: Approval of contract contingency fund increase and Contract Change Order No. 1 for the Pleasant Hill Road
Overlay project. Project No. 4660-6X4156-03, Pleasant Hill area
DATE: AUGUST 12, 2003
PACE: 2 OF 2
Ill. Reasons for Recommendations and Bac round:
Additional funding is needed to pay the contractor for increases in contract work at Pleasant Hill
Road (site 'A') The additional work requires adding additional base failure repair areas as the
condition of the existing asphalt concrete pavement and supporting base was found to be
significantly worse than anticipated during the design phase. The additional work costs exceed the
project contingency fund. Approval of the project contingency fund increase is required to
compensate the contractor for the additional work.
IV. Consequences of Neg- ative Action:
The lack of approval would prevent successful completion of this contract and preclude payment to
the contractor for required work.
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: AUGUST 12, 2003
SUBJECT: AUTHORIZE THE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO EXECUTE A
CONSULTING SERVICES AGREEMENT WITH VALI COOPER AND ASSOCIATES,
INC. FOR THE STONE VALLEY ROAD REPLANTING & BEAUTIFICATION PROJECT
IN THE AMOUNT OF $65,000, ALAMO AREA, PROJECT NO.: 7758-6X5551-03,
(DISTRICT 111)
Specific Request(s)or Recommendation(s)&Background&Justification
1. Recommended Action:
AUTHORIZE the Public Works Director, or designee,to execute a Consulting Services Agreement
with Vali Cooper and Associates for the Stone Valley Road Replanting & Beautification Project in
the amount of$65,000 for the period July 15, 2003 through June 30, 2004.
11. Financial impact:
There will be no impact on the County General Fund. The Consulting Services Agreement is for
$65,000. (71% State Funds, 29% County Service Area R-7A Funds)
Continued on attachment:
c manta X yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE—, OTHER
er
SIGNATURES : -c r
ACTION OF Bt7 ON: AUGUST 1 , 2003 APPROVED AS RECOMMENDED xx OTHER
z
VOTE OF SUPERVISORS
xx UNANIMOUS (ABSENTNONE } I hereby certify that this is a true and correct copy of an
AYES: NOES: action taken and entered on the minutes of the Board of
ABSENT: ABSTAIN: Supervisors on the date shown.
Contact: Mike Carlson,(925)313-2321 ATTESTED: AUGUST 12, 2003
Ong.Div.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and
cc: E'Ku vor,CAO Count Administrator
E.Kuevor,CAC) y
R.Bruno,Construction !
Accounting �, !
Consultant
By deputy
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G:IGRPDAYAtCONSnBO12003%CSA-VC-SFONEVALLEYROREPLANTNG.DOC
SUBJECT: AUTHORIZE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO EXECUTE A CONSULTING SERVICES
AGREEMENT WITH VALI COOPER&ASSOCIATES
DATE: AUGUST 12, 2003
PAGE 2 OF 2
Ill. Reasons for Recommendations and Background:
The construction contract for the Stone Valley Road Replanting <& Beautification Project was
awarded July 15, 2003, and Construction activities will start August 11, 2003. The Consulting
Services Agreement is from July 15, 2003 to June 30, 2004.
The construction management services include construction engineering, project management,and
construction inspection. Vali Cooper and Associates was selected for the contract from a field of
eight consulting firms.
IV. Consequences of Negative Action:
If the Consultant Services Agreement with Vali Cooper and Associates is not approved, it may
not be possible to complete construction of the approved project.
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name &Address: Vali Cooper and Associates, Inc.
41 Washington Avenue
Point Richmond, CA 94801
(c) Project Name, Number& Location: Stone Valley Road Replanting&Beautification, Project No. 7758-6X5551-33,(District 3)
(d) Effective Date: July 15, 2003 (e) Payment Limit(s): $55,000
(f) Completion Date(s): June 30, 2004
(g) Federal Taxpayer's I.D. or Social Security Number:
2. Signatures. These signatures attest the parties'agreement hereto:
Recommended by Department CONSULTANT
By: Maurice M. Shiu
Public Works Director
(Designafe official capacity in the busines ype of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation: G" i �'�'•t
By:� 1 , By; v
Y••
y
(Desigriate official capacity in the business)
Note_to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president, or vice-president; the second signature must be that of the secretary, assistant secretary,
chief financial officer, or assistant treasurer. (Civ.Code,Sec. 1190 and Corps.Code.Sec.313.)The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California }
,�'I ss.
County of �J.A j�t.. 1� )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for
Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
4/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persons), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Dated:
Notary Public
(Notary's Seal)
MJENNI BARBAIRA LEW1
COMM.#143121}11
► YURYwWuc.ctua ►
CONM COSTA cWNW
Comm.Exp.JULY 18 2007
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 perforin 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 Consuitant,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 terra hereof: (a)Workers'
Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of
$1,000;000.00 and a maximum deductible of$50,000.00, and (c)Commercial 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$1,000,000.00 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. Payment. 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-W 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 charges 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.
16. Payment Retention. No retention will be withheld.
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 all 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 defend, indemnify, save, and hold harmless Public Agency, its governing body,
officers, and employees from any and all claims, costs,and liability for any damages,injury,or death arising directly or
indirectly from, or connected with, the services provided hereunder and due to, or claimed or alleged to be due to,
negligence or willful misconduct of Consultant, its officers,employees,agents,subconsultants,or any person under its
direction or control,save and except claims or litigation arising through the sole negligence or sole willful misconduct of
Public Agency, and will make good to and reimburse the indemnitees for any expenditures, including reasonable
attorney's fees,the indemnitees may make by reason of such matters and,if requested by any of the indemnitees,will
defend any such suits at the cost and expense of Consultant. Consultant's obligations under this section shall exist
regardless of concurrent negligence or willful misconduct on the part of Public Agency or any other person but shall be
limited to the proportion of negligence or willful misconduct attributable to Consultant,its officers, employees,agents,
subconsultants, or any person under its direction or control.
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 C, 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.
Attachments:Appendix A,Appendix B,and Appendix C
Form approved by County Counsel(3100)
G:tGrpCata\ConstlContractslCSA120031C SA-VC-Stone VaiteyReplanU ng.doc
APPENDIX A
SCOPE OF SERVICES
Materials Testing
• Coordinate Field and Laboratory Testing Services
Pre-Job Coordination and Administration
• Establish Project Documentation and Record Procedures with County
• Coordinate and/or Conduct/Attend Pre-construction Conference
Construction Coordination
• Act as Point of Contact Between Contractors, County and Third Parties
• Coordinate with Utility Companies
• Coordinate Shop Drawing Reviews, RFPs, Submittals and Change Orders with County Designers and
Contractors
• Coordinate and Review SWPPP
Inspection
• Provide Inspection Services for Projects
Construction Management and Contract Administration
• Oversee Contractor Compliance to Contract Documents
• Maintain Construction Document Files
• develop Photographic Documentation of Project Before, During &After Construction
Construction Engineering
• Review Contractor BFI's, Shop Drawings, Samples, and other Submittals, as needed
• Oversee Development of As-Builts, Coordinate with Designer and Review Final As-Builts
Public Information
• Assist County in Implementation of a Proactive Public Information Program
Close Out
• Collect and Furnish As-built Information to Designers for Preparation of Final Drawings
• Perform Final Walk-Through of Project with County and Contractor
• Prepare Final Punch List
• Assist with Final Construction Documentation and Reports for Project
AP'P'ENDIX B
BILLING RATES
for
Construction Management Services
Contra Costa County Public Works Department
Stone Valley Read Landscaping Project
July 25, 2003
Resident EngineerlCon tract Manager: $121.00/hour
Construction Inspectors: $92.00/hour
Notes:
1. County will provide work space, telephone, copier and standard office supplies.
2. Hourly rates for personnel include inspection tools, personal safety gear, cellular
telephones and vehicles.
3. All hours billed in conformance with California Labor Code.
Vali Cooper&Associates, Inc.
APPENDIX C
Revised STAFF PROPOSAL
for
Construction Management Services
Contra Costa County Public Works Department
2003 Construction Projects
July 25, 2003
Resident Engineer/Contract Manager., John Collins, P.E.
Resident Engineer. Rick Kaufman, P.E.
John Hanson, P.E.
Construction Inspectors: Larry Tuthill
Jim Harwood
David Seat
Dominic Galvin
Kimberly Morales
Bill Garrison
Cheryl Miller
TO: BOARD OF SUPERVISORS
FROM.- MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: AUGUST '12, 2003
SUBJECT: Approve Right-Of-Way Permit for the Strentzel Lane Erosion and Sediment Reduction
Project. Martinez area. District 11. [CDD-CP#02-67]
Project No.: 7605-6173476
SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Right-of-Way
Permit with the United States Department of Interior' for purpose of reducing sediment and
erosion damage within the boundaries of the John Muir National Historic Site.
Il. Financiallmpact:
None.
III. Reasons for Recommendations and Background:
These property rights are required for the Strentzel Lane Erosion and Sediment Reduction
Project in accordance with the approved plans and specifications.
IV. Consequences of Negative Action:
If the County does not process the permit it will lose grant funding for the project and the project
will not be constructed.
Continued on Attachment:_ SIGNAT Y
,--'RECOMMENDATION OF COUNTY ADMINISTRATOW
R COMMENDATION Off'BOARD COMMITTEE �
APPROVE OTHER
w
SIGNATURE(S)--
ACTION
IGNATURE(S):ACTION OF BOAb ON AUGUST-12, 2003 APPROVED AS RECOMMENDED.xx OTHER
I hereby certify that this is a true and correct
VOTE OF SUPERVISORS copy of an action taken and entered on the
xx UNANIMOUS(ABSENT NONE J minutes of the Board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN: AUGUST 12
ATTESTED: AUGUST
LLO:eh JOHN SWEETEN,Clerk of the Board of
G:1GrpDatair ea€PropMO3-F€les\BOs&RESBO 2 Strentze€.doc Supervisors and County Administrator
Orig.Div: Public Works(RIP)
Contact: L.Lucy Owens (313-2229) By � Deputy
cc: County Administrator
Auditor-Controller(via RtP)
P.W.Accounting
Recorder(via RJP)
Board Orders Senior Clerk,Adm.
Mate of California
Right of Way
Permit No: RW 8510-01-001
United States Department of the Interior
National Park Service
Right-of-Way Permit for
Contra Costa County Public Works
WHEREAS, Contra Costa County Public Works (hereinafter"Permittee")has applied to
the United States of America(hereinafter"Permittor`� for a right-of-way to construct, operate
and maintain an underground 60"water overflow pipeline containing flood waters for the
purpose of reducing sediment and erosion damage within the boundaries of the John Muir
National Historic Site (hereinafter"Park"), a unit of the National Park System,United States
Department of the Interior; and
WHEREAS, the National Park Service(hereinafter"Service") administers the Park that
was established as a unit of the National Park System,United States Department of the Interior
pursuant to P.L. 88-547, 78 Stat. 753,August 31, 1964; and
WHEREAS, the Director of the National Park Service (or his delegate) is required,
pursuant to 16 U.S.C. Ia-1, to authorize only those uses of land within the Park which will not be
a derogation of the values and purposes for which the Park was established, except as may have
been or shall be directly and specifically provided by Congress; and
WHEREAS, 16 U.S.C. 79 authorizes the Secretary of the Interior to permit the use of
rights-or-way through the Park for a water pipeline provided that the same is not incompatible
with the public interest; and
WHEREAS, the Service has promulgated regulations at Title 36 CFR Part 14 regarding
rights-of-way over, across and upon the lands administered by the Service; and
WHEREAS, the Service has been delegated the authority to allow such rights-of-way
over, across and upon lands under the jurisdiction of the Service pursuant to 245 Departmental
Manual 5.1; and
WHEREAS, the Service has determined that the proposed use of the Park lands for the
construction, operation and maintenance of the subject pipeline is neither incompatible with the
public interest nor inconsistent with the use of such lands for park purposes; and
THEREFORE, the Permittor, through the Service, an agency of the Department of the
Interior, acting;pursuant to the authority of 16 U.S.C. 79 issues this permit to Contra Costa
County Public Works, 255 Glacier Drive, Martinez, CA 94553 for the construction, operation
and maintenance of a water pipeline and appurtenant structures. The Permittee agrees to comply
with and be bound by the Service regulations, CFR Part 14, regarding rights-of-way over, across
Page I of 8
and upon lands administered by the Service, in addition to the terms and conditions set forth in
this permit.
I. MAP AND LEGAL DESCRIPTION OF THE RIGHT-OF-WAY:
Parcel A: A twenty(20') right-of-way across the John Muir Gravesite Tract defined as 10' on
either side of the centerline of a 60"water pipe as shown on the map attached. See Exhibits "A"
and "B" attached hereto and made a part hereof by this reference.
Parcel B: (metes and bounds to be provided by the County) for an outfall structure within
Alhambra Creek. See Exhibits "A" and"B" attached.
Parcel C: A temporary easement for initial construction activities. See Exhibits "A" and"B"
attached.
II. AUTHORITY TO ENTER INTO AGREEMENT FOR RIGHT-OF-WAY
The Permittee represents and warrants to the Permittor that:
(1) It is duly authorized and empowered under applicable laws of the State of California
and by its charter and bylaws to enter into and perform this permit in accordance with the
provisions;
(2) Its Board of Supervisors, or duly authorized executive committee, has duly approved
and has duly authorized the execution, delivery, and performance by it of this permit by the
County Manager;
(3) All action that may be necessary or incidental to the approval of this permit, and the
due execution, delivery, and performance by the Permittee has been taken;
(4) All of the foregoing approvals, authorizations and actions are in full force and effect
at the time of the execution and delivery of this permit.
M. PERMITTED USE OF THE RIGHT-OF-WAY BY THE PERMITTEE
The right-of-way is for the sole purpose of constructing, operating, and maintaining a
60" underground pipeline and appurtenant structures across the above described lands,
application for which was made in writing to the Superintendent, John Muir National Historic
Site (hereinafter"Superintendent")by the Permittee. In utilizing the right-of-way, the Permittee
agrees to comply with and be bound by laws and regulations regarding the use and occupancy of
the lands administered by the Service and by the terms of this permit.
IV DEVIATION FROM APPROVED RIGHT-OF-WAY
The Pernnittee agrees that it will not deviate from the location of the approved right-of-
way
ight-ofway in its construction of the subject pipeline. All ingress and egress for construction, operation
Page 2of8
and maintenance shall be restricted to the right-of-way. In the event that the Permittee
determines that ingress and egress over park lands not included in the right-of-way are necessary
for construction, operation, and maintenance of the subject pipeline, then the Permittee must
apply, in writing, to the Superintendent for approval of such ingress and egress.
V EFFECTIVE.DATE OF THE RIGHT-OF-WAY
The effective date of this permit shall be the date of its execution by the Regional
Director and the Permittee. The right-of-way permit shall terminate TEN( 10) years from the
effective date, at noon California time,unless prior thereto it is relinquished, abandoned, or
otherwise terminated pursuant to the provisions of the permit or of any applicable Federal law or
regulation.
VI RENEWAL OF THE RIGHT-OF-WAY
Unless relinquished, abandoned, or otherwise terminated pursuant to the provisions of the
permit or of any applicable Federal law or regulations, the Permittee may make application to the
Superintendent, at least six months prior to its expiration date, for renewal of the right-of-way.
The Permittee shall file a written application, SF 299, in accordance with the existing
Service regulations,to renew the right-of-way. The Permittee shall agree to comply with all the
laws and regulations existing at such application date governing the occupancy and use of the
lands of the Park for the purposes desired. The right-of-way permit may be renewed after full
consideration of the application.
VII DISPOSAL OF PROPERTY ON TERMINATION OF RIGHT-OF-WAY
Upon the termination of the right-of-way permit by expiration or by cancellation for
cause, in the absence of any agreement to the contrary,if all monies due the Permittor have been
paid, the Permittee shall be allowed six months, or such additional time as may be provided, in
which to remove from the right-of-way all property or improvements of any kind placed by the
them; and if not removed within the time allowed, all such property and improvement shall
become the property of the United States.
VIII NONUSE OR ABANDONMENT
It is understood and agreed by the parties that all or any part of the right-of-way may be
terminated at the discretion of the Permittor in the event of nonuse or abandonment for a period
of two years by the Permittee. In the case of termination, the Permittor will provide the
Permittee with written notice including reasons for the termination.
Page 3 of 8
IX FEES FOR USE AND OCCUPANCY
The Permittor and Permittee understand and agree that the consideration for utilization of
the lands, pursuant to the right-of-way, for municipally operated projects where the use is by a
governmental agency is waived according to 36 CFR 14.26(c)(1).
X FEES ANM REIMBURSEMENTS OF COSTS
Pursuant to 36 CFR 14.22(a)(2)(i), for local governments where the lands will be used for
governmental purposes and continue to serve the general public,payment of fees and costs
incurred by the Service as a result of the permit are waived.
XI TERMS AND CONDITIONS:
The permit is subject to the following terms and conditions:
(1) This permit shall not be construed as conveying a permanent interest in the land of
the right-of-way or as an abandonment of use and occupancy by Permittor,but shall be
considered a use of the land as described, anything contained to the contrary notwithstanding.
(2) This right-of-way may be terminated upon breach of any of the stated conditions at
the discretion of the Regional Director. Permittee will be given written notice and thirty(30)
days to allow an opportunity for corrective actions before termination may occur. The written
notice shall describe the specific violation of the permit. If Permittee does not correct the
violations to the satisfaction of Service, or present a reasonable plan acceptable to the Service,
within the thirty(30) day period, then the Service shall be entitled to revoke the agreement.
(3) The Permittee shall comply with all applicable State and Federal laws and existing
regulations promulgated thereunder in the construction,operation, and maintenance of the
pipeline.
(4) The Superintendent of the John Muir National Historic Site shall be notified in
writing no less than two weeks prior to the start of initial construction on Park lands. An on-site
meeting will be conducted no less than one week prior to start of construction between
representatives of the Park and the Permittee construction/maintenance supervisor to determine
and clarify the scope of the project and any requirement of the Service. The Permittee
construction/maintenance supervisor will contact the Park on the morning of the first day of
work and each morning thereafter prior to entering the Park, advising the location and extent of
work crews and equipment in the Park. Except in extraordinary situations and with the
agreement of the Superintendent, or as determined at or prior to the on-site meeting above, all
work on Park lands will be conducted on a Monday through Friday, from 8:00 a.m. through 5:00
p.m. basis. All work on Park land shall be completed to the satisfaction of the Superintendent or
his or her representative.
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(5) The Permittee shall have a right of ingress and egress within the right-of-way at all
times for the purposes of maintaining and operating the existing pipeline and appurtenances.
(6) If any portion of the pipeline is to be installed underground within the road shoulders
of public roads, they shall comply with the specifications of the highway department having
jurisdiction. Detailed procedures of installation are also subject to approval in advance of
construction by the Superintendent or his representative.
(7) If required, the Permittee shall file a performance bond with satisfactory surety
payable to the Permittor to fully insure compliance with the permit terms and conditions.
(8) The Permittee shall be responsible to pay the Permitter for any damage resulting from
this permit which would not reasonably be inherent in the use which the Permittee is authorized
to make of the land. The Permittor will give the Permittee written notice of such damage and the
Permittee will either take corrective action or pay the indicated amount as agreed upon and
approved by the Superintendent.
(9) Use by the Permittee of the land is subject to the right of the Park to establish trails,
roads, and other improvements and betterments over,upon or through said premises, and further
to the use by travelers and others of such roads, trails and other improvements already existing.
If it is necessary to exercise such right, every effort will be made by the Park to refrain from
unduly interfering with or preventing use of the land by Permittee for the purposes intended
under this permit.
(10) The Permittee shall take adequate measures as directed and approved by the
Superintendent to prevent or minimize damage to Park resources,including the historic pear
trees and cultural resources. This may include restoration, soil conservation and protection
measures, landscaping, and repairing roads, trails and fences. The Permittee shall dispose of
brush, excess soil and other debris as required by the Superintendent. The Superintendent or his
representative may inspect the right-of-way area as deemed necessary.
(11) The Permittee will halt any activities and notify the Superintendent upon discovery or
threatened or endangered species or archeological,paleontological, or historical findings. All
artifacts unearthed remain the property of the Park.
(12) No vegetation may be cut or destroyed without first obtaining approval from the
Superintendent. Any vegetation that must be removed shall be mitigated as specified by the
Superintendent.
(13) Use of pesticides and/or herbicides on Park lands is prohibited without prior written
approval from the Superintendent.
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(14) In the event any facilities covered by this permit should interfere with future Park
construction, the Permittee agrees to terminate the use or relocate them at no cost to the Service
within 60 days after written notice.
(15) The Permittee agrees to do everything reasonably within its power, both
independently and on request of the Superintendent, to prevent and suppress fires resulting from
the Permittee's activities on and adjacent to the right-of-way.
(16) The Permittee agrees that the right-of-way shall be subject to the express condition
that the use will not unduly interfere with the management and administration by the Service of
the lands. Further, the Permittee agrees and consents to the occupancy and use by the Park, its
Permittees, or lessees of any part of the right-of-way not actually occupied or required by the
project, or the full and safe utilization, for necessary operations incident to such management,
administration or disposal.
(17) Upon expiration,revocation or termination of this permit,the Permittee shall leave
the lands subject to the permit in as nearly the original condition as possible, as directed and
approved by the Superintendent.
(18) The Permittee agrees that in undertaking all activities pursuant to the permit, it will
not discriminate against any person because of race, color, religion, sex or national origin.
(19) No member of or delegate to Congress or Resident Commissioner shall be admitted
to any share or part of this permit or to any benefit that may arise therefrom,but this provision
shall not be construed to extend to this permit if made with a corporation for its general benefit.
(20) No transfer of the permit will be recognized unless and until it is first approved in
writing by the Regional Director of the Service. Such a transfer must be filed in accordance with
existing regulation at the time of transfer, and must be supported by the stipulation that the
assignee agrees to comply with and to be bound by the terms and conditions of the right-of-way.
(21) This permit is made upon the express condition that the United States, its agents and
employees shall be free from all liabilities and claims for damages and/or suits for or by reason
of any injury, or death to any person or property of any kind whatsoever,whether to the person
or property of the Permittee, its agents or employees, or their parties, from any cause or causes
whatsoever while in or upon said premises or any part there during the term of this permit or
occasioned by any occupancy or use of said premises or any activity carried on by the Permittee
in connection herewith. The Permittee hereby covenants and agrees to indemnify, defend, save
and hold harmless the United States, its agents and employees from all liabilities, charges,
expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims,
suits or losses however occurring or damages growing out of the same.
(22) Any amendments to this permit must be in writing and signed by the parties.
Renewals will be subject to regulations existing at the time of renewal and such other terms and
conditions deemed necessary to protect the public interest.
Page 6 of 8
(23) Any underground utilities previously located within this right-of-way, which are
damaged or disrupted during maintenance or construction shall be repaired or restored by the
Permittee,who shall immediately take action to implement repairs and shall diligently pursue
action until the utility is restored.
(24) The Permittee shall be responsible for the provision and maintenance of proper signs,
barricades or other means of warning motorists and pedestrians of danger during all periods of
construction, repair and maintenance.
(25) Nothing herein contained shall be constructed as binding the Service to expend in any
one fiscal year any sum in excess of appropriations made by Congress or administratively
allocated for the purpose of this permit for the fiscal year, or to involve the Service in any
contract or other obligation for the further expenditure of money in excess of such appropriations
or allocations.
(26) The Permittee shall monitor the discharge on an as-needed basis throughout the storm
season to ensure that the flows or silts are not damaging the creek banks or the creek bottom
within the Park and shall immediately notify the Superintendent of any potential for damage to
Park lands.
(27) The Permittee shall not fence the right-of-way.
(28) Any and all underground facilities, except vertical rising portions thereof at surface
testing points, manholes and splicing boxes constructed hereunder shall be laid and maintained at
least 36 inches but not more than ten(10) feet below the surface of the ground. Trenches shall
be filled in and the ground maintained in its natural condition.
(29) Identifying markers in form and size satisfactory to the Permittor shall be installed
and maintained by Permittee so as to make the subsurface facilities at appropriate locations, or at
such locations as Permittor designates. Such markers shall be relocated or removed by Permittee
within thirty(30)days of the receipt of Permittor's written request.
XII COMPLIANCE
Failure of the Permittee to comply with any provision of the right-of-way permit shall
constitute grounds for immediate termination of the permit.
XIII WAIVER.NOT CONTINUING
The waiver or any breach of any provision of this right-of-way permit, whether such
waiver be expressed or implied, shall not be construed to be a continuing waiver or a waiver of,
or consent to, any subsequent or prior breach of the same or any other provision of the permit.
Page 7 of 8
IN WITNESS THEREOF, the Regional Director of the National Park Service, acting on
behalf of the United States, in the exercise of the delegated authority from the Secretary of the
Department of the Interior, has caused this Permit of Right-of--Way number RW 8510-01-001 to
be executed this day of , 20—.
CONTRA COSTA COUNTY UNITED STATES OF AMERICA
RECOMMENDED FOR APPROVAL:
$y
By L�'u b A ()WtA6
Real Pr perty Agent
By
By
61 Principal Real Property Agent Date
(Date Signed by Grantor)
APPROVED:
By:
Public Mrks Director
Date: g1l VP i
(DAe of Efoard Approval)
(FORM APPROVED BY COUNTY COUNSEL)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
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