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HomeMy WebLinkAboutMINUTES - 08142007 - C.14 • sr.t `'TO: BOARD OF SUPERVISORS, AS GOVERNING .�/�,T : Contra BOARD OF THE FLOOD CONTROL & WATER -= Costa CONSERVATION DISTRICT ;, , •_�:,. < FROM: MAURICE M. SHIU, CHIEF ENGINEER �a CC) Co" u n ty DATE: August 14, 2007 SUBJECT: APPROVE Agreement and Permit for Soil Deposit and Removal between Contra Costa County.Flood Control and Water Conservation District and Central Contra Costa Sanitary District for the Lower Walnut Creek lnterim Protection Measures Project, Pacheco area. (.District 11 & IV) CP#07-28 Project No.: 7520-6B8345 SPECIFICREQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND.IUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer,or designee,to execute an Agreement and Pen-nit for Sol l Deposit and Removal between Contra Costa County Flood Control and Water Conservation District (District) and Central Contra Costa Sanitary District(CCCSD) for the Lower Walnut Creek Interim Protection Measures Project. FISCAL IMPACT: None S� CONTINUED ON ATTACHMENT: 0 SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR REC01MENVATION OF BOARD COmmiTTEE APPROVE OTHER SIGNATURE(S): ACTION OF 130AIZD 0.N ��J!', ai(/""y?�-AI'1'ROVI-D AS RI_C:OMMENDED ✓ OTHER VOTE OF SUPI:RV ISORS: I HEREBY CERTIFY THAT•THIS IS A•TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT /YQ/"4--- j MINUTES OF TIME BOARD OF SUPERVISORS ON THE AYES: NOES: DA'Z'E SHOWN. ABSENT: ABSTAIN: Orig. Div.PLINiC W01-K'S(R/P) ATTESTED Contact: Olivia 1).Revnolds(313-2306) JOHN C'UI. -N,CLI::RK OF THE BOARD OF ODR:odr SUPERVISORS G:\Rea1Prop\I3oar Orders\2007`n`Z-14-07\130 1_WC.d(x cc: COnnly Administrator Ppb'AccOunting Recorder(via R/P) Flood C•01111'0l L,, BY: DEPUTY SUBJECT: APPROVE Agreement and Permit for Soil Deposit and Removal between Contra Costa County Flood Control and Water Conservation District and Central Contra Costa Sanitary District for the Lower Walnut Creek Interim Protection Measures Project, Pacheco area. (District 11 & IV ) CP#07-28 Project No.: 7520-6B8345 DATE: August 14, 2007 PAGE: 2 of 2 1 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The District plans to continue silt removal projects on Lower Walnut and Lower Grayson Creeks. Sites are needed that can be used to permanently place the desilt material and remove material for levee raising. CCCSD has agreed to pen-nit the District's contractor, if they so choose, to deposit up to 43,000 cubic yard of the desilt material and or remove up to 10,000 cubic yards of material on properties that CCCSD owns. The placement and or removal of material will be done in accordance with the plans and specifications for Project No. 7520-6B9345-07. Should the District's contractor elect to use alternate disposal/borrow sites, and not utilize CCCSD's property, the Agreement and Permit for Soil Removal and Desilt Sediment Disposal will not be executed. CONSEQUENCES OF NEGATIVE ACTION: Alternative sites for borrow and fill material will need to be located and secured at additional cost to the District which will impact the constriction schedule of the project. Lower Walnut Creek Interim Protection Measures Project Project No.: 7520-6138345-07 AGREEMENT AND PERMIT FOR SOIL REMOVAL AND DESILT SEDIMENT DISPOSAL Central Contra Costa Sanitary District (CCCSD) agrees that Contra Costa County Flood Control and Water Conservation District (District), its contractors and agents may in accordance with the plans and specifications for Project No. 7520-6138345-07 (Project Plans), remove as much as 10,000 cubic yards of soil material from CCCSD's property for the purpose of raising levees along Walnut and Grayson Creeks from the BNSF railroad crossing to the Clayton Valley drain and from the creeks' confluence to State Highway 4. District may remove soil from Optional Borrow/Disposal Site 3 as shown owthejottached Exhibit A. No soil shall be removed from Optional Borrow Site 2. The District may also deposit as much as 43,000 cubic yards-of desilt sediment (plus an additional 10,000 cubic yards to replace removed material) on Optional Disposal Sites 2 ,and 3 as shown on Exhibit A. Cut/fill design shall ensure protection of existing facilities and pipelines. District has prepared grading plans to insure drainage of Optional Disposal Sites 2, and 3 upon completion of the project. The grading plan is included in the Project Plans. At a minimum, any soil removed from Optional Borrow/Disposal Site 3 must be replaced with.desilt sediment to restore pre-project ground elevations. All borrow and fill on CCCSD property shall be in accordance with the CCCSD-reviewed project plans. Except for the indemnification below, CCCSD makes no expressed or implied warranties or representations to District concerning the suitability of the soil from Optional Borrow/Disposal Site 2 for levee improvement/construction. The District acknowledges that it has been given ample opportunity to test such soils for suitability for levee improvement/construction and to physically examine the site. Permission is herby granted to the District, it contractors and agents to enter and bring on the CCCSD's property the necessary workmen, tools and equipment for the purpose of placing desilt sediment and removing soil for levee construction. The District and its chosen contractors and agents shall obtain all required permits and approvals necessary for performance of the work described herein from state and local agencies. It is further understood and agreed that permission to do the work stated herein shall commence on August 13, 2007, and terminate upon the completion of the flood control project or on December 31, 2007, whichever occurs first. General Indemnity: District hereby indemnifies and shall defend, protect, and hold harmless CCCSD,and any successors, and all of its directors, officers, employees, or authorized agents or representatives, and affiliates from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, losses, liabilities, recoveries, deficiencies, interest, attorney's fees, costs, and expenses or whatsoever kind Page 1 of 5 or nature, whether arising before or after termination of the Agreement, and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of any act, omission, fault, or negligence, whether active or passive, of District, or of any one acting under its direction or control, or on its behalf in connection with or incident to the performance of this Agreement. District's aforesaid indemnity and hold-harmless agreement shall not be applicable to such liability caused by the active negligence or willful misconduct of the CCCSD or its representatives. CCCSD hereby indemnifies and shall defend, protect, and hold harmless District, and any successors, and all of its board members, officers, employees, or authorized agents or representatives, and affiliates from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, losses, liabilities, recoveries, deficiencies, interest, attorney's fees, costs, and expenses or whatsoever kind or nature, whether arising before or after termination of the Agreement, and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of any act, omission, fault, or negligence, whether active or passive, of CCCSD, or of any one acting under its direction or control, or on its behalf in connection with or incident to the performance of this Agreement. CCCSD's aforesaid indemnity and hold-harmless agreement shall not be applicable to such liability caused by the active negligence or willful misconduct of the District or its representatives. arties' Contractual Warranties and Obligations as to Contaminated Desilt Sediment and CCCSD Soil: For the desilt sediment removed from District property and placed on Optional Disposal Sites 2, 3 and 4, and to the extent permitted by law, District shall indemnify, defend, save, protect, and hold CCCSD 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 placed desilt sediment, and the preparation of any cleanup, remediation, closure or other required plans), to the extent caused or contributed to by the use, release or disposal of any contaminated desilt sediment removed from District property and placed on CCCSD property, including all costs, claims, damages (including property and personal injury) caused by the uncovering, release, or excavation of contaminated desilt sediment as a result of District's construction, reconstruction, maintenance, use, replacement, or removal of its facilities. The obligations and warranties contained in this Section shall expire two years following the completion of construction, except for any contaminated desilt sediment for which CCCSD has given written notice prior to the expiration date. Contaminated desilt sediment for purposes of this Agreement is defined as any material failing to meet the Total Threshold Limit Concentrations for CAM 17 metals as noted in Title 22, Chapter 11, Article 3-4, Section 66261.34 "Characteristic of Toxicity" of the California Code of Regulations for hazardous waste or failing to meet the Industrial Environmental Screening Levels (ESL) for, total petroleum hydrocarbons (TPH) diesel, and TPH motor oil. Page 2 of 5 For the soil removed from CCCSD Optional Borrow Site 3, and to the extent permitted by law, CCCSD shall indemnify, defend, save, protect, and hold District 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 soil removed, and the preparation of any cleanup, remediation, closure or other required plans), to the extent caused or contributed to by the use, release or disposal of contaminated soil removed from CCCSD property and placed on District property, including all costs, claims, damages (including property and personal injury) caused by the uncovering, release, or excavation of contaminated soil as a result of District's construction, reconstruction, maintenance, use, replacement, or removal of its facilities. The warranties and obligations contained in this Section shall expire two years following the completion of construction, except for any contaminated soil for which District has given written notice prior to the expiration date. Contaminated soil for purposes of this Agreement is defined as any material failing to meet the Total Threshold Limit Concentrations for CAM 17 metals as noted in Title 22, Chapter 11, Article 3-4, Section 66261.34 "Characteristic of Toxicity" of the California Code of Regulations for hazardous waste or failing to meet the Industrial Environmental Screening Levels (ESL) for, total petroleum hydrocarbons (TPH) diesel, and TPH motor oil. The above indemnification shall also apply to any soil removed from the Kiewit site in accordance with the Agreement and Permit for Soil Removal and Staging Area dated July 27, 2007, a copy of which is attached as Appendix B. Upon expiration of the above reciprocal obligations for indemnification for contaminated desilt sediment/soil, prevailing Federal and State laws with respect to hazardous materials shall apply. Ins ,ran _ R qumrements: District or its contractor shall provide insurance coverage per the requirements of Exhibit C. Technical Requirements_ District or its contractor shall comply with the technical requirements contained in Exhibit D. Considerations: CCCSD acknowledges that the District's desilting and levee-raising efforts will benefit CCCSD by providing greater flood protection. District acknowledges that the use of the Optional Disposal Sites 2 and 3, Optional Borrow Site 3 and the use of the Kiewit Parcel for borrow and staging could result in cost savings to District's project. If District's contractor should elect to use CCCSD's Optional Disposal Sites 2, 3 and / or Optional Borrow Site 3 as shown on Exhibit A, the District and CCCSD in consideration for the use of said properties agree as follows: o District and CCCSD agree to work cooperatively and in good faith in the future to incorporate CCCSD's Emergency Discharge Structure into the District's reconfigured levee along CCCSD's Basin B frontage subject to appropriate California Page 3 of 5 Environmental Quality Act (CEQA) review and governing body approvals. Reconfiguation of the levee is currently contemplated as part of the District's future Lower Walnut Creek Restoration Project. CCCSD shall pay for the design and construction costs for the installation of the structure. CCCSD shall be responsible for ongoing operations and maintenance of the future Emergency Discharge Structure. If and when CCCSD desires to upgrade its existing 100-foot wide easement along its outfall through the Pacheco Marsh (formerly known as Crowley Maritime or Praxis property) to fee title, the District shall work cooperatively, in good faith, regarding this right of way transaction, subject to appropriate CEQA review, applicable government codes, agreement on compensation and governing body approvals after due consideration of any issues that may exist at the time that CCCSD requests this right of way transaction. If and when requested by CCCSD, the District shall work cooperatively, in good faith, regarding the conveyance of an easement for CCCSD's future A-Line Relief Interceptor, which is proposed to be located underneath the west levee road of Walnut Creek Channel from approximately Willow Way south to Monument Boulevard, subject to establishing compatibility with the District's use of the Walnut Creek Channel facility, appropriate CEQA review, applicable government codes, agreement on compensation and governing body approvals after due consideration of any issues that may exist at the time that CCCSD requests this right of way transaction. District shall work cooperatively and in good faith with CCCSD to finalize the Pleasant Hill Relief Interceptor-Phase 4 Easement and Joint Use Agreements along Grayson Creek between the two agencies by December 31, 2007, and to refund any cash bonds held as part of said work. Disp , . _ Resolution; Any dispute between the parties arising from this Agreement shall be resolved through non-binding mediation in Contra Costa County, California. If the parties are unable to agree on a mediator or a procedure for the mediation, the parties shall submit the dispute to Judicial Arbitration and Mediation Services, Inc. ("JAMS") in Contra Costa County, California for non-binding mediation by a single mediator pursuant to JAMS' rules then in effect. The parties shall not file any action against each other without first undergoing mediation as set forth herein. However, thereafter, any action arising out of a dispute regarding this Agreement shall be venued in Contra Costa County Superior Court or in the United States District Court for the Northern District of California if appropriate. Page 4 of 5 This agreement 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. In witness whereof, the agreement is made and entered into this `t" day of August, 2007. CONTRA COSTA COUNTY FLOOD CONTROL CENTRAL CONTRA COSTA AND WATER CONSERVATION DISTRICT SANITARY DISTRICT By: �^^^, By: C ineer James A. Nejedy Board President Recommended by: By. Micha ill Boafd Member (Alternate Real Estate Committee Member) APPROVED AS TO FORM: APPROVED AS TO F SILVANO B. MARCHESI, COUNTY COUNSEL ' By: Otake, By: David F. Schmidt, Deputy County Counsel Associate Attorney, CCCSD Counsel Date: I rr Page 5 of 5 Exhibit A - CCCSD Sediment Disposal Areas DisposalBorrow " (RR Spur) t J Tv % .•(PG&E Corridor) i \. - tax`, F •M' (. 4yy , i Ic JIT Borrow Site#1 12 ' Thea#rnent Plant OCG �.c^-. 't .-��_,.i ''tr'�' !� '"l. _ - •CSI"'„.,,,..,» _�...__�___t.,..—� 'L- ..�-1 Lower Walnut Creek Interim Protection Measures Project EXHIBIT B Project No.: 7520-6138345-07 AGREEMENT AND PERMIT FOR SOIL REMOVAL AND STAGING AREA Central Contra Costa Sanitary District's (CCCSD) agrees that Contra Costa County Flood Control and Water Conservation District (District), its contractors and agents may at no charge and in accordance with the plans and specifications for Project No. 7520-6138345- 07, remove as much as 20,000 cubic yards of soil material from CCCSD's property for the purpose of raising levee roads along Walnut and Grayson Creeks from the BNSF railroad crossing to the Clayton Valley drain and from the creeks confluence to State Highway 4. District may take soil from the Kiewit Parcel (APN: 159-140-051) as shown on the attached Exhibit A. Actual quantities will be developed by District cut/fill design and be subject to approval by CCCSD. Cut/fill design shall ensure protection of existing facilities and pipelines. District has prepared grading plans to insure to the extent_feasible drainage of the Kiewit parcel where soil is removed. The grading plan is included in the project plans. CCCSD makes no expressed or implied warranties or representations to District concerning the suitability of the soil from the Kiewit Parcel for levee imp rovement/construction. The District acknowledges that it has been given ample opportunity to test such soils and to physically examine the Kiewit Parcel. The District, its contractors and agents may also utilize the access road outside and adjacent to the south end of the CCCSD Treatment Plant to temporarily connect to the south end of the western Grayson Creek levee to Imhoff Drive. The District and its chosen contractors and agents shall obtain all required permits and approvals necessary for performance of the work described herein from state and local agencies. Permission is hereby granted to the District, its contractors and agents to enter and bring on CCCSD's land the necessary workmen, tools and equipment for the purpose of removing soil material and for the purpose of utilizing ±2 acres of the Kiewit parcel as a temporary staging area for its contractor's operations, as shown on the attached Exhibit A. It is further understood and agreed. that permission to do the work stated herein shall commence on August 13, 2007 and terminate upon the completion of the flood control project or on December 31, 2007, whichever occurs first. District hereby indemnifies and shall defend, protect, and hold harmless CCCSD, and any successors, and all of its directors, officers, employees, or authorized agents or representatives, and affiliates from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, losses, liabilities, recoveries, deficiencies, interest, attorney's fees, costs, and expenses or whatsoever kind or nature, whether arising before or after termination of the Agreement, and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of any act, omission, fault, or negligence, whether active or passive, of District, or of any one acting under its direction or control, or on its behalf in connection with or incident to the performance of this Agreement. District's aforesaid indemnity and hold-harmless agreement shall not be applicable to such liability caused by the active negligence or willful misconduct of CCCSD or its representatives. NAPESUPDesignUstrict Projects172661Kiewit Parcel Soil Removal Agreement.DOC CCCSD hereby indemnifies and shall defend, protect, and hold harmless District, and any successors, and all of its board members, officers, employees, or authorized agents or representatives, and affiliates from and against any and all suits, actions, legal or - administrative proceedings, claims, demands, damages, losses, liabilities, recoveries, deficiencies, interest, attorney's fees, costs, and expenses or whatsoever kind or nature, whether arising before or after termination of the Agreement, and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part by reason of any act, omission, fault, or negligence, whether active or passive, of CCCSD, or of any one acting under its direction or control, or on its behalf in connection with or incident to the performance of this Agreement. CCCSD's aforesaid indemnity and hold-harmless agreement shall not be applicable to such liability caused by the active negligence or willful misconduct of the District or its representatives. District shall provide insurance coverage per the requirements of Exhibit B. This agreement 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. In witness whereof, the agreement is made and entered into this Y / day of July, 2007. CONTRA COSTA COUNTY FLOOD CONTROL CENTRAL CONTRA COSTA AND WATER CONSERVATION P7iRICT SANITARY DISTRICT g Y � J _ By: Chief Engineer erald R. ucey resident Pro Tem Date: B ��� I Barbara D. Hockett Board Member .�C o n t rr D Date: C I-'ORN-9 APf RCIVED 81,C i 11t\'1,�IIIISCll 1'i,elh!1! ul l�jff/� 1 NAPESUP\Design\District Projects\7266\Kiewit Parcel Soil Removal Agreement.DOC Exhibit A: � Kewit Parcel Borrow and Staging Site Plan .• '�• C'¢ r r tad l tr,r�`�ta� a M. S �- s ��Jo-' •"'8=-b, r } F K J Vn 03 kall !J I CD CD N *-- t yy� 1 rJ-•. �����, •,. y�_•r,,.✓ `5 .— c� ' x�•fl•�"`aye ta-1!',_ � '�'' fin• 3 �� � i r EXHIBIT B Insurance Requirements The Parties acknowledge that District is self-insured. District shall purchase, provide self-insurance equivalents or require its contractors to provide insurance at the following levels and amounts of insurance coverage; General Liability Insurance General Liability Insurance in any combination of primary, excess or ,umbrella insurance, covering all operations by or on behalf of Contractor for the limits of liability not less than $5,000,000 per occurrence. If the policy has a general aggregate limit, the aggregate limit shall apply separately to District's activRies on the Properties, or the general aggregate limit shall be twice the required occurrence limit. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability "occurrence" form CG 0001. Coverage shall include, or be endorsed to include, coverage for personal injury liability assumed under Contract. The policy shall also include liability arising out of the use and operation of any CCCSD-furnished equipment by District, its personnel and others. CCCSD, its officers, directors, and employees shall be named as additional insured on District's policy via endorsement providing coverage at least as broad as Insurance Services Office "Additional Insured — Owners, Lessees or Contractors (Form B) endorsement Number CG 2010 11/85." District's General Liability Insurance shall specify that coverage afforded to CCCSD is primary insurance and that any other any other insurance or self- insurance maintained by the CCCSD shall be excess only and shall not be called upon to contribute with District's insurance. Auto Liability Insurance District shall carry Automobile Liability Insurance in any combination of primary, excess or umbrella insurance, provided the coverage is at least as broad as the liability coverage of Insurance Services Office Business Automobile Liability, Symbol Code #1 "any auto" (form number CA 0001), in an amount not less than $5,000,000 per occurrence. CCCSD, its officers, directors and employees shall be named as additional insured on District's policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office "Additional Insured - Owners, Lessees or Contractors (Form B) endorsement Number CG 2010 11/85." District's General Liability Insurance shall specify that coverage afforded to CCCSD is primary insurance and that any other insurance or self-insurance maintained by CCCSD shall be excess only and shall not be called upon to contribute with District's insurance. EXHIBIT C Insurance Requirements The Parties acknowledge that District is self-insured. District shall purchase, provide self-insurance equivalents or require its contractors to provide insurance at the following levels and amounts of insurance coverage: General Liability Insurance General Liability Insurance in any combination of primary, excess or umbrella insurance, covering all operations by or on behalf of Contractor for the limits of liability not less than $5,000,000 per occurrence. If the policy has a general aggregate limit, the aggregate limit shall apply separately to District's activities on the Properties, or the general aggregate limit shall be twice the required occurrence limit. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability "occurrence" form CG 0001. Coverage shall include, or be endorsed to include, coverage for personal injury liability assumed under Contract. The policy shall also include liability arising out of the use and operation of any CCCSD-furnished equipment by District, its personnel and others. CCCSD, its officers, directors, and employees shall be named as additional insured on District's policy via endorsement providing coverage at least as broad as Insurance Services Office "Additional Insured — Owners, Lessees or Contractors (Form B) endorsement Number CG 2010 11/85." District's General Liability Insurance shall specify that coverage afforded to CCCSD is primary insurance and that any other any other insurance or self- insurance maintained by the CCCSD shall be excess only and shall not be called upon to contribute with District's insurance. Auto Liability Insurance District shall carry Automobile Liability Insurance in any combination of primary, excess or umbrella insurance, provided the coverage is at least as broad as the liability coverage of Insurance Services Office Business Automobile Liability, Symbol Code #1 "any auto" (form number CA 0001), in an amount not less than $5,000,000 per occurrence. CCCSD, its officers, directors and employees shall be named as additional insured on District's policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office "Additional Insured - Owners, Lessees or Contractors (Form B) endorsement Number CG 2010' 11/85." District's General Liability Insurance shall specify that coverage afforded to CCCSD is primary insurance and that any other insurance or self-insurance maintained by CCCSD shall be excess only and shall not be called upon to contribute with District's insurance. EXHIBIT D Technical Requirements The following technical requirements shall be adhered to: • District will photograph Optional Disposal Sites 2 and 3, the Kiewit borrow and staging area, crossing of railroad spur and access roads on CCCSD property prior to removal and disposal operations and submit to CCCSD. All CCCSD access roads, railroad spur, fences and gates will be restored to preconstruction conditions. • District will prepare Optional Disposal Sites 2 and 3 to receive desilt sediment by disking the ground prior to desilt sediment placement. • No debris such as timbers, shopping carts, automobile tires, etc. shall be allowed to be deposited on the CCCSD sites. If debris is found on CCCSD sites, District shall immediately remove all debris greater than 6-inches in size. District's Contractor shall disc the desilt sediment prior to removal from the Walnut Creek Channel. • The desilt sediment shall be compacted to a minimum of 85-percent (based on optimum moisture content) and in according with geotechnical recommendation to prevent erosion. Testing shall be as directed by District's Construction Manager. • District's contractor will prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for all disturbed areas. District will submit the SWPPP to CCCSD for review. Best Managements Practices (BMPs) in the SWPPP would typically include silt fences, hydroseeding and wattles to prevent migration of silt into water bodies. District is obligated to immediately correct any deficiencies and pay any fines imposed by the Regional Water Quality Control Board related to its operations. • District shall have a Construction Manager or Resident Engineer responsible for this project. This Construction Manager or Resident Engineer shall prepare daily dairies detailing from where material is excavated and where it is placed. These daily dairies shall be provided to CCCSD on a weekly basis. • District will install temporary fences, as shown on the grading plans for Optional Disposal Sites 2 and 3, to maintain plant security while working on CCCSD properties. All CCCSD properties that are currently fenced will be secured with temporary fencing at the end of each working day. • Upon completion of construction, District will survey and photograph all sites to confirm compliance with approved grading plans. This data, as well as the Towill 2004 original aerial,topography shall be submitted to CCCSD. • All desilt sediment deposits shall avoid subsurface pipes (e.g., the Kinder Morgan, Chevron pipes), vertical clearance (from overhead PG&E lines) and shall be set back a minimum of 100-feet from CCCSD's outfall pipeline. District will coordinate with others (e.g., the Kinder Morgan, Chevron, PG&E) to insure that appropriate clearances are maintained. • District and its contractors, agents or employees shall conduct desilt sediment deposit and soil removal activities in a safe manner. District shall ensure that all contractors, agents or employees are licensed to operate vehicles and equipment used in the performance of Agreement activities. District and its contractors or agents shall be solely and completely responsible for work site safety on the Properties. CCCSD will not tolerate excessive speed or reckless operations of vehicles/equipment on its properties. • District shall impose on its chosen contractors those reasonable use and manner of operations conditions contained in the project special provisions, which have been reviewed by CCCSD (e.g., hours of operation, traffic minimization restrictions, revegetation obligations for the Properties, etc.). • District acknowledges that CCCSD can in no way accept contaminated desilt sediment unto its Properties.. CCCSD acknowledges receipt of test results of in- place sediment to be removed and reserves the right to perform any add-ftional testing at their cost. Such testing must not affect District contractor's production rate of desilt sediment removal, haul and placement. District agrees to further test any suspicious desilt sediment encountered in the project and provide those results to CCCSD. • District to perform testing of desilt sediment material after placement on CCCSD Property to document the presence or absence of contaminated desilt sediment.