HomeMy WebLinkAboutMINUTES - 02111997 - C11-C21 RECORDED AT REQUEST OF,
Recorded at the request of:
Contra Costa County —
Return to:
Public Works Department
Engineering services F—B 1 319
A7 O'CLOCK M.
9'7 024924 CONTRA ITA COUNTY�RECORDS
' ltx,!EN L. WEIR
F�7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 11, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: q7/,go
SUBJECT: Completion of off-site Drainage Improvements for Minor Subdivision 18-92 (x-ref.
43-88), Bay Point area.
The Public Works Director has notified this Board that the improvements in Minor
Subdivision 18-92 have been completed as provided in the Drainage Improvement Agreement with
GWF Power Systems L.P. heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of February 11, 1997 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Subdivision Agreement:
DATE OF AGREEMENT SURETY
February 13, 1996 United States Fidelity& Guarranty Company
Bond No. 09012069324956
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $97,550, Bond
No. 09012069324956 issued by United States Fiedlity& Guarranty Company be RETAINED for
the six month lien guarantee period until August 11, 1997, at which time the Clerk of the Board is
AUTHORIZED to release the surety less the amount of any claims on file.
SUBJECT: Completion of off-site Drainage Improvements for Minor Subdivision 18-92 (x-ref.
43-88), Bay Point area.
DATE: February 11, 1997
PAGE -2-
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $1,000 cash deposit (Auditor's Deposit Permit No. 241001, dated March 28,
1994)made by Allied Signal, Inc. and the performance/maintenance surety for $197,100, Bond No.
09012069324956 issued by United States Fidelity and Guarranty Company be RETAINED pursuant
to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board.
BE IT FURTHER RESOLVED that a second$1,000 cash deposit (Auditor's Deposit Permit
No. 272604, dated January 24, 1996)made by GWF Power Systems shall be RETAINED pursuant
to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board.
I hereby esr*Mat MN Is a true and.gaf copy M
an action taken antatld on Me mtnul" p "
aa.a at s "H&'1997
RL:KF:mw'sd ATTESTED:
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Originator: Public Works(ES)
Contact: Rich Lierly-313-2348
DaPttq
or: Public Works -Accounting
R.Bruno,Construction
-Maintenance
Recorder(via clerk),Men PW Engineering Services
Sheriff-Patrol Div.Commander
CHP,do AI
CSAA-Carroll
GWF Power Systems,LT.
225 Lennon Lane,Suite 120,Walnut Creek,CA 94598
Allied Signal,Inc.
P.O.Box 2251,Morristown,NJ 07963-2251
United States Fidelity and Guarrenty Compstry
P.O.Bax 598510,Birmingliam,Alabama 35259
Bond No. 09012069324956
T-2/11/98
c.i2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 11, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Exoneration of the subdivision agreement for MS 36-91, Oakley area.
The Board on January 5, 1993, having approved a subdivision agreement with Bob Marchetti,
for construction of certain improvements in Minor Subdivision 36-91, Oakley area.
The Public Works Director having recommended that he be allowed to EXONERATE the
subdivision agreement and release of the surety bond.
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director
are APPROVED.
IT IS ALSO BY THE BOARD ORDERED that the Public Works Director is
AUTHORIZED to retain the$1,000 cash deposit (Auditor's Deposit No. 217557, dated December
9, 1992)plus interest pursuant to Bob Marchetti's letter addressed to the Public Works Department
requesting said funds be used for payment of his Public Works Department fees.
I hereby certify that this is a into and correct copy of
an action taken and entered on the minutes of Ne
Beard of Superv�An If ft-M7
ATTESTED:—PHIL BATCHELOR,Clerk of the bowd
r«S
p ,y 61 fapKol 00 COY4 AdneWs1fN7f
1 Dailf�
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Originator: Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Public Works -Accounting
-R.Bruno,Construction
-J. Millar,Construction
Director of Community Development
Bob Marchetti
P.O.Box 215,Alamo,CA 94507
Amwest Surety Insurance Company
100 California Street,Suite 1160,San Francisco,CA 94111
Bond No.007002271
40•/13
BLCORDED AT REQUEST OF
Recorded at the requot oL•
Contra Costa County -
Return to:
Public works Department .
EnVneenng Services , FEB 131997
AT /O'CLOCK M.
r•i Q�ff2 CONTRA COSTA COUNT'd RECORDS
9 SFE it-N L. WEIR
CTT!-: I': [iCCMDER
FF" $ n
i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 11, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 97/81
SUBJECT: Completion of Improvements, MS 43-88, Bay Point area.
The Public Works Director has notified this Board that the improvements in MS 43-88 have
been completed as provided in the Subdivision Agreement with GWF Power Systems Co., Inc.
heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of February 11, 1997 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Subdivision Agreement:
DATE OF AGREEMENT SURETY
October 18, 1988 United States Fedility and Guaranty Co.
Bond NO. 146066
BE IT FURTHER RESOLVED the payment(labor and materials) surety for $72,700, Bond
No. 146066 issued by the United States Fedilityand Guaranty Co. be RETAINED for the six month
lien guarantee period until August 11, 1997, at which time the Clerk of the Board is AUTHORIZED
to release the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the widening of Nichols Road is ACCEPTED and
DECLARED to be a County Road;the right of way was conveyed by separate instrument, recorded
on the Parcel Map, in Volume 136 of Official Records on page 33.
SUBJECT: Completion of Improvements, MS 43-88, Bay Point area
DATE: February 11, 1997
PAGE -2-
BE IT FURTHER RESOLVED that warranty period requirements have been satisfied, due
to the fact that the improvements were completed June 21, 1990.
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Originator- Public Works(ES)
Contact: Rich Lierly-313-2348
i hereby cefury that this is a true and defect at
cc: Public Works -Accounting an sale, ta.;eo and entered on the maeaft far
-R.Bruno,Construction hoard of Supery
-Maintenance rj6Cb* y�
Recorder(via clerk),then PW Engineering Services dt eI8tlpw�irYaafq d
Sheriff-Patrol Div. Commander
CHP,
CHP,cto At !y �
CSAA-Cartog
GWF Power Systems Co.,Inc.
225 lennon Lane,Suite 120,Walnut Creek, CA 94598
United States Fidelity&Guaranty Co.
100 Light Street, Baltimore, MD 21203
Recorded at the request of: RECORDED AT REQUEST OF.
Contra Costa County
Return to:
Public Works Department
Records section 97 024928 FEB 15 1997
�
AT ` O'CLOCK M.
CONTRA CkiTA COUNTY R CORDS
. 1'r-IIEN L. VIER
CC:S.AT1' R� f;R3�R
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 11, 1997, by the following vote:
AYES: Supervisors Rogers, Uilketna, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Approving Deferral of Improvements Agreement for DP 3011-96, Pacheco Area.
Assessor's Parcel No. 159-210-019
The Public Works Director has recommended that the Board of Supervisors approval a
Deferral of Improvements Agreement with Walter J. Hardcastle and authorize the Chairman of the
Board to execute the agreement. This agreement would permit the deferment of construction of
permanent improvements as required by the Conditions of Approval for DP 3011-96 and as required
by the Contra Costa County Consolidated Fire Protection District. The improvements are located
on Pacheco Boulevard.
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director
is APPROVED.
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Originator: Public Works(ES) M
Contact: Rich Li 313-2348)
cc: Recorder(via Clerk)then PW Records,then Clerk of the
Director of Community Development
Walter J.Hardcastle,4949 Pacheco Blvd.,Martinez,CA
I
4
RecorAed at the request of:
Contra Costa County
Retum to:
Public Works Department
Engineering Services Division
Records Section
Area: Martinez
Road: Pacheco Blvd.
Co.Road No: 3951 C
Project: DP 3011-96
Assessor's No: 159-21M19
Space above for exclusive use of Recorder.
DEFERRED IMPROVEMENT AGREEMENT
(Project: DP 3011-96)
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CO"ITRA COSTA COUNTY OWNER: (See note below)
J. Michael Welford
Public Works Director
Walter Hardcastle
B :
RECO D FO ROVAL:
By:
En to ervices Division
FORM APPR VED: Victor J. Westman, County Counsel
(NOTE: this document is to be acknowledged with signatures as they
appear on deed oftide. If Owner is incorporated,signatures must conform
with the designated representative groups pursuant to Corporations Code
5313.)
(am attached notary)
1. PARTIES. Effective on rp- r(V1 199
f the County of Contra Costa,hereinafter
referred to as"County"and Walter Hardcastle herein er referred to as"Owner"mutually agree and promise as follows:
2. PURPOSE. Owner desires to develop the property he owns as described in Exhibit"A"attached hereto and wishes to defer construc-
tion of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised.
3. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of
the real property described in Exhibit"A".All the terms,covenants and conditions herein imposed are for the benefit of County and the real
property or interest therein which canstin es the County road and highway system and shall be binding upon and inure to the benefit of the land
described in Exhibit"A"and the successors in interest of Owner. Upon sale or division of the property described in Exhibit"A",the terms of
this agreement shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this
agreement Upon annexation to any city,Owner,or those who succeed him as owner of the property described in Exhibit"A",shall fulfill all
the terms of this agreement upon demand by such city as though Owner had contact with such city originally. Any annexing city shall have all
rights of a third party beneficiary.
ALLMME ACKNQMER%Ej
e�
State of(tA 1140O"I A OPTIONAL SECTION
County of 0Art�v4t-(I n54A CAPACITY CLAIMED BY SIGNER
On '96 before mei Though statute does not require are Notary to
w orrca&: AN In the data below,doing so may prow W
valuable to parsons relying on the doeurrrw.
personally sppesred LL i6 2 CC F_ ❑INDIVIDUAL
O CORPORATE OFFICER(S)
�� re
peon� ❑
known to me-OR- provided to me on the bash of satisfactory
be the personWwhose name(#)Were MGM
subscribed to the within Instrument and O PARTNER(S) ❑LIMITED
LORI G.RAMION acknowledged to me that haeheAMey O GENERAL
_
Carmel ion tt 111M7J7 executed the same in hiclperAhdr O ATTORNEY-IN-FACT
Notary Prbto—Casomlo authorized capaaty(les),and that by O TRUSTEE(S)
Contra Coda Coady hiadwAleir signature(s)on the ❑GUARDWVCONSERVATOR
My Conm.E)#w Jan 7sAW instrument the person(##or the entity O OTHER:
upon behalf of which the personfa)
acted,executed the instrument
ESS my hand and official sed, STONER IS REPRESENTING.
wr WPWt.mwawmaee
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER
THAN NAMED ABOVE
w�tl�MNl�w
INSTRUCTIONS TO NOTARY
The following Information is provided in an effort to exuedde processing of the documents.
Signatures required on documents must comply with it►e following to be acceptable to Contra Costa Courtly.
L The name and interest of the signer should be typed or printed BENEATH the signature. The
name e signed b ` exactly as it Is typed or printed.
ti. ATURES OR INDM S The name must be signed exactly as K is printed or typed. The signer's interest in the
props mus e s a TOG.
01. $ USN RES FOR PART�JERSHIPS-Signing party must be either a general partner or be authorized In writing to have
vte au�iorny w sign for ane was me partnership.
N. SIGNA ES OR O PORATIONS
ocumen ou signed Dy two officers,one from each of the following two groups:
GROUP 1. a The Chair of the Board
The President
C
Any Vice-President
GROUP 2. a The Secretary
An Assistant Secretary
C
The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument a certified copy of a resolution of the
Board of Directors authorizing the person signing the ment to execute Instruments of the type In question is required. A
currently valid power of attorney,notarized,will suffice.
Notar¢ation of only one corporate signature or signatures from only one group,must contain the following phrase:
%.and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of Its Board
of Directors•.
EXHIBIT "A"
RE: DP 3011-96
All that real property situated in the County of Contra Costa, State of California, described
as follows:
All of that parcel of land described in the quitclaim deed from Dorothy M. Hardcastle,
a single woman, to Walter J. Hardcastle, a married man, as recorded on November 23, 1976,
Document Series No. 76-136527 on file at the County Recorder's Office.
JD.
EXHIBIT "B"
ES - DP 3011-96
EUPROVEMENTS
Improvements required by Contra Costa County Planning Agency and the County Ordinance Code
as a condition of approval for the above-referenced development are located along Pacheco Boulevard
for the parcel described in Exhibit "A":
1. Approximately 38 linear meters of curb, with the face of curb located 3 meters from the right
of way line.
2. Approximately 38 linear meters of 2.0 meter sidewalk, width measured from curb face, built
monolithic with the curb.
3. Approximately 75 square meters of street paving to pave between the existing pavement and
the lip of gutter.
4. Necessary longitudinal and transverse drainage.
5. Underground conduit and utility boxes as necessary for utility undergrounding at a later date,
subject to the review of the utility companies affected and the removal of existing utility poles.
6. Temporary conforms for paving and drainage as may be necessary at the time of construction.
7. Submit improvement plans to the Public Works Department, Engineering Services Division,
for review and pay the inspection and plan review fees.
CONSTRUCTION
Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent.
The construction of the above deferred improvements shall begin as outlined in Item 4B of the
agreement or when either of the following occurs:
1. Pacheco Boulevard is constructed to its ultimate planned width by the County or by an
assessment district.
2. Frontage improvements are constructed adjacent to the subject property.
It is the intent at this time that the "pro rata basis" of costs, as specified in Item 4B of the agreement,
shall mean that the owner of this parcel shall pay all of the costs.
ID:pe
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97 024922C' /s
kr"ADRUED AT REQUEST O
Recorded at the request of:
Contra Costa County
Return to:
Public Works Department
Records Section / M.
AT /Q'GLoCK
CONTRA C TA COUNTY ECORDS
$[I'-ilEN L. WEIR
COUX�1 RECORDER
F` $
�I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 11, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 97/82
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Offer of Dedication- DP 3011-96 Walter J. Hardcastle Pacheco
Road Purposes and
Releasing of Abutter's
Rights
1 hereby canny that this is a true and eortsel copy of
an
aaC ions pe-v �{n� two?on the mmYNW q tate
ATTESTED: • �M I •
PHIat the WIN
of ku
Sup am - AAdMWAM W
RL:n y DWAV
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Orlg.Dept.: Public Works(ES)
Contact: Rich Lierly(313-2348)
a: Recorder(via Clerk)then PW Records*then Clerk of the Board
Director of Community Development
Recorded at the request of:
Contra Costa County
Fngineering Services Division
Return to:
Come Costa County
Public Works Department
Records Section
Area: Martinez
Road: Pacheco Blvd.
Co. Road No.: 3951 C
Development: DP 3011-96
Assessor's No. 159-210-019
OFFER OF DEDICATION - ROAD PURPOSES AND
RELEASING OF ABUTTER'S RIGHTS
Walter J. Hardcastle, the undersigned, being the present title owner of record of the herein described
parcel of land, do hereby make an irrevocable offer of dedication to CONTRA COSTA COUNTY,
a political subdivision of the State of California, and its successors or assigns, for street, highway
landscaping and other related purposes including maintenance thereof, the real property situated in
the County of Contra Costa, State of California, described in Exhibit "A" (written description) and
shown on Exhibit "B" (plat map) attached heretoand do hereby release abutter's rights of access along
the before described frontage of Pacheco Boulevard.
It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur
no liability with respect to such offer of dedication and releasing of abutter's rights, and shall not
assume any responsibility for the offered parcel of land or any improvements thereon or therein, until
such offer has been accepted by appropriate action of the Board of Supervisors, or of the local
S governing bodies of its successors or assigns.
The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and
personal representatives of the respective parties hereto.
IN WITNESS WHEREOF, these presents have executed this instrument this 21 day of
Walter J. Har tle _
(see attached notary)
M.
`:b%svc1joaepbtdp30ll96.t9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On a/ 917" before me,
00, Date me nnd T^itle,of Officer(e.g.,'Jane Doe,Natary PUDIic')
personally appeared C �
x, Name(s)of Signer(s)
ersonally known to me–OR–11 proved to me on the basis of satisfactory evidence to be the person
whose name)j is/*subscribed to the within instrument
and acknowledged to me that he/site/th6y executed the
same in his/hir/th)dl authorized capacity(i)Q,and that by
ROBERTAA �y his/Fl�r/tF it signature(pj on the instrument the personFS)
COMNt. ►10367�D or the entity upon behalf of which the person(ol acted,
Notal ptble 1 Colfamla
S It
COMRAC06fACOUNt�, executed the instrument.
–
I'I r,1y comm•ExpYa JUN ffi 1998
WITNESS m and official seal.
signature of Notary Publi6/1
c
h5 OPTION L
r: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
Z; fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
I ❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
IS ❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee '
❑ Guardian or Conservator jififfikM ❑ Guardian or Conservator offiffim
';, ❑ Other: Top of thumb here ❑ Other; Top of thumb here
I �
Signer Is Representing: Signer Is Representing:
I ,
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7191•Canoga Park,CA 91309-]181 Prod.No.5907 Reorder:Call Toll-Free 1-800-e]0-6e2]
APN 159-210-019
Exhibit A
That parcel of land situated in the County of Contra Costa, State of California,
described as follows:
A portion of the parcel of land described in the Quitclaim Deed to Walter J.
Nardcastle, recorded November 23, 1976, in Book 8103 of Official Records of
said County at page 130, described as follows:
Beginning at the western corner of said_parcef of land (8103 O.R. 130) and its
intersection with the northeasterly line of Pacheco Blvd., a county road; thence
along the northwestern line of said parcel of land North 54°34'00" East, 20.00
feet; thence South 35°00'00" East, 126.16 feet to a point on the southeastern
line of said parcel of land (8103 OR 130); thence along said southeastern line
South 64°39'20' West, 20.29 feet to a point on the southwestern line of said
parcel of land (8103 OR 130) and its intersection with said right of way line of
Pacheco Blvd.; thence along said southwestern line, being the northeasterly right
of way line of Pacheco Blvd., North 35100'00" West to the point of beginning.
Contains 2487.59 square feet, or 0.057 acre, more or less.
We do further relinquish all abutters rights of access to Pacheco Boulevard, a
county road along the property line adjacent to Pacheco as described in the
above written description and shown on Exhibit "B" (plat map); excepting two
twenty four foot (24') driveway openings as shown thereon.
ANO
AN c�
LS3
i fEXP.`-3p.o0
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OF CAU4�P
Z
0 WALTER J. HARDCASTLE scq
Z 8103 Q.R. 130 �� 3
mcn �?
$i p �' o
o m -pt AREA DEDICATED TO CONTRA M
;aa COSTA COUNTY FOR ROADWAY w
n PURPOSES N
m
`o v24' D/W
28' 24' D/W -
S 5. 0'/010" 126
26.16i»
p / cv
cv
a f 122.60' —
N 35.00'00" W
lW
PAINT OF BEGINNING PACHECO BLVD.
LA�9
N 35.00'00". W
xyF'�
CAN i ��
Q ��4 QENQ
J x 6/30/00 /////.L RELINQUISHMENT OF
ABUTTERS RIGHTS
OF CAS-�� Q
EXHIBIT "B" PLAT MAP
OWNER(S): Walter J. Hordcostle ASSESSOR PARCEL NO... 159-210-019
ADDRESS: 4961 Pacheco Blvd.
(G.A.FITCH & ASSOC., INC. #9931)
f
c. 16
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 11, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN:None
SUBJECT: Ratify previous permission by the Public Works Director to completely close
a portion of Brookside Drive, for the purpose of railroad track repair, North
Richmond area. (RC-97-1)
The Public Works Director having reported that prior approval has been granted to Union
Pacific Railroad to completely close Brookside Drive, except for emergency traffic, on February 3,
1997 through February 6, 1997, subject to the following conditions:
I. Traffic will be detoured via neighboring streets.
2. All signing to be in accordance with the State of California Manual of Traffic Controls.
3. The Union Pacific Railroad shall comply with the requirements of the Ordinance Code of
Contra Costa County.
4. Provide the County with a Certificate of Insurance in the amount of $1,000,000 for
Comprehensive General Public Liability which names the County as an additional insured
prior to permit issuance.
5. Obtain approval for the closure from the Sheriff's Department, the California Highway Patrol
and the Fire District.
IT IS BY THE BOARD ORDERED that the action taken by the Public Works Director is
approved.
1 hereby carry that this Ie a bus sate eemctd(
an actlan taken and ordered
��onnaau! MWAM ft
Board Cf SupetCo Ywl I.Y�i/
ATTESTED: FFR1
MA BA'CFfELCR,Clark of Me;wrd
14��ofSJ upervisors and CouNydd
A/mJJiin/nietral"
[IV ` ��+. e.J Deputy
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Originator: Public Works(APC)
Contact: John Capozzo(646-1607)
cc: CFR'
Sheriff-Patrol Div.Commander
xl /l
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 11, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Ratify previous permission by the Public Works Director to completely close
a portion of Market Avenue, for the purpose of railroad track repair, North
Richmond area. (RC-97-2)
The Public Works Director having reported that prior approval has been granted to Union
Pacific Railroad to completely close Market Avenue, except for emergency traffic, on February 10,
1997 through February 14, 1997, subject to the following conditions:
I. Traffic will be detoured via neighboring streets.
2. All signing to be in accordance with the State of California Manual of Traffic Controls.
3. The Union Pacific Railroad shall comply with the requirements of the Ordinance Code of
Contra Costa County.
4. Provide the County with a Certificate of Insurance in the amount of $1,000,000 for
Comprehensive General Public Liability which names the County as an additional insured
prior to permit issuance.
5. Obtain approval for the closure from the Sheriff's Department, the California highway Patrol
and the Fire District,
IT IS BY THE BOARD ORDERED that the action taken by the Public Works Director is
approved.
I hereby tartly that this Is s free and correct cagy of
an Man and entered on the MinutesDoff the
rd of SupervI
ATTESTED: FT/ 1 1
016upNallots eea�oimq°tom
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Originator: Public Works(APC)
Contact: John Capozza(646-1697)
cc: CHP
Sheriff-Patrol Div.Commander
0, 18
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 11, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Grant permission to completely close a portion of Chesley Avenue, for the
purpose of railroad track repair, North Richmond area. (RC-97-3)
IT IS BY THE BOARD ORDERED that permission is granted to Union Pacific Railroad to
completely close Chesley Avenue, except for emergency traffic, on February 17, 1997 for the period
of through February 21, 1997, subject to the following conditions:
1. Traffic will be detoured via neighboring streets.
2. All signing to be in accordance with the State of California Manual of Traffic Controls.
3. The Union Pacific Railroad shall comply with the requirements of the Ordinance Code of
Contra Costa County.
4. Have on file with the County a Certificate of Insurance in the amount of$1,000,000 for
Comprehensive General Public Liability which names the County as an additional insured.
S. Obtain approval for the closure from the Sheriff's Department, the California Highway Patrol
and the Fire District.
1 hereby certify that this Is a true and eorrnQ Copy W
aofaions�ryl�and
}entered o the mlauW W tly
ATTESTE7. SCD 1 1
PHIL BATCHELOR,Clara of the Wood
of Supendscwo and County AdanftW
BlI oeplM
JC:mW
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Originator: Public Works(APC)
Contact: John Capozzo(646.1607)
cc: CHP
Sheriff-Patrol Div.Commander
c.J 7
TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: FEBRUARY 11, 1997
SUBJECT: APPROVE JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITY OF
ANTIOCH FOR SPECIAL PROJECT FOR GEOGRAPHIC INFORMATION PILOT
STUDY
Project No. 0929-6X7467, ANTIOCH AREA
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
APPROVE and AUTHORIZE a joint exercise of powers agreement with the City of Antioch to
develop a pilot geographic information system for stormwater management.
IL Financial lmpact:
There will be no impact to General Fund. Joint exercise of powers agreement is funded with
stormwater utility fees collected by the Flood Control District on behalf of the nineteen (19)
municipalities in the Contra Costa Clean Water Program.
Continued on attachment: x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): /
ACTION OF BOARD ON:_OA -,11 - 117?7 APPROVED AS RECOMMENDED ✓ OTHER
VOTE OF SUPERVISORS
d UNANIMOUS (ABSENT—)
AYES: NOES:
ABSENT: ABSTAIN:
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Orig.Div.: Public Works(CCCWP)
Contact:Donald P.Freitas(510)313-2373
cc: County Administrator
Community Development
Building inspection
County Counsel
County Assessor
County Treasurer-Tax Collector t Heigh'cwft M tit Is a tie and W1 o ,
County Auditor-Collector an mom taken end entered on the minuet d'pa
Chief Engineer tloud W SupeSupe :woo shown.
Accounting ugh
Engineering Services PHILBATCHELCn,C=Ir-f the oaM
of t aparvleple and C;; ty x3minatremr
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SUBJECT: JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITY OF ANTIOCH FOR
SPECIAL PROJECT FOR GEOGRAPHIC INFORMATION PILOT STUDY
Page -2-
III. Reasons for Recommendations and Background:
The San Francisco Bay Regional Water Quality Control Board requires the nineteen (19)
municipalities in the Contra Costa Clean Water Program conduct special studies to determine
the effectiveness of best management practices (BMPs) in removing pollutants from
stormwater runoff. As part of their municipal stormwater permit, municipalities are constantly
seeking effective BMPs that remove these pollutants in a cost efficient manner. A geographic
information system provides a tool to model stormwater runoff and manage BMP implementa-
tion.
The City of Antioch will contract with a technical services consultant to conduct this study.
The consultant will develop a pilot geographic information system to map impervious surfaces
and model stormwater runoff. A written report will be available for the municipalities in the
Contra Costa Clean Water Program. All nineteen (19) municipalities in the Contra Costa
Clean Water Program will jointly fund this study through this agreement between the City of
Antioch and the Flood Control District.
IV. Consequences of Negative Action:
The San Francisco Regional Water Quality Control Board may find the Contra Costa Clean
Water Program is not conducting special studies as required in its Joint Municipal NPDES
Stormwater Permit. The Regional Board has the authority to fine municipalities in the Contra
Costa Clean Water Program up to $10,000 per day and $10 per gallon of discharge for non-
compliance with the permit.
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
AND CITY OF ANTIOCH
Special Project for Geographic
Information System Pilot Study
1. Parties:
Effective the CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the
State of California, hereinafter referred as "DISTRICT," and the CITY OF ANTIOCH,
a municipal corporation, hereinafter referred as "CITY," pursuant to Government
Code Section 6500 and following, mutually agree and promise as follows:
2. Purl2ose and Scope of Work:
CITY is conducting a special study project, hereinafter referred as "PROJECT', to
develop a pilot geographic information system for stormwater management. The
study was approved by the nineteen municipalities of the Contra Costa Clean
Water Program, which includes seventeen cities, Contra Costa County and the
DISTRICT, and will be funded by stormwater utility assessments levied by the
DISTRICT. The purpose of this Agreement is to apportion PROJECT duties and
costs between CITY and DISTRICT.
3. Methods:
CITY shall perform the following activities:
a. Act as lead agency and comply with all environmental requirements pursuant
to California Environmental Quality Act.
b. Obtain all necessary permits for PROJECT.
C. Retain a qualified consultant approved by DISTRICT to conduct PROJECT.
d. Perform all necessary supervision and contract administration to ensure that
the PROJECT work complies with this Agreement.
e. Maintain PROJECT records and document project expenses.
f. Bill DISTRICT for PROJECT tasks described in Exhibit "A".
g. Prepare and deliver to DISTRICT a written report of all receipts and
disbursements.
DISTRICT shall perform the following activities:
a. Act as a responsible agency pursuant to California Environmental Quality
Act.
b. Consult with CITY, as necessary, to enable PROJECT work to be properly
completed.
C. Reimburse CITY for the PROJECT tasks described in Exhibit "A".
4. Changes in Project Work:
The PROJECT work shall comply with acceptable engineering practices and shall
include all of the tasks set forth in Exhibit "A". Any changes in the PROJECT work
shall require the prior, written approval of DISTRICT.
5. Financial Responsibilities:
DISTRICT shall reimburse CITY for all costs of the PROJECT work, including
reasonable compensation for necessary review and contract administration
performed by CITY, as well as all costs of any changes or extra work requested or
approved in writing by DISTRICT. PROJECT task breakdown and the maximum
costs that DISTRICT shall pay for the entire PROJECT are set forth in attached
Exhibit "A".
6. Insurance and Hold Harmless:
a. The contract documents for PROJECT shall include provisions requiring the
consultant to: (1) obtain and maintain in full force and effect during the
PROJECT work, workers'compensation, public liability and property damage
insurance, in forms and limits of liability satisfactory to CITY and DISTRICT,
naming CITY and DISTRICT, their governing bodies, officers and employees
as additional insureds; and (2) promise to defend, indemnify, save and hold
harmless DISTRICT, its governing body, officers and employees from liability
to the same extent as promised to CITY. The aforementioned policy shall
contain an endorsement that the insurance afforded thereby to the additional
insureds shall be primary insurance to the full limits of the policy, and that if
any of the additional insureds have other insurance or self insurance against
a loss covered by such policy, such insurance or self insurance shall be
excess insurance only. Before beginning the PROJECT work, the consultant
shall submit to CITY and DISTRICT a certificate of insurance evidencing the
required coverages and requiring the carrier to give at least 30 days written
notice to CITY and DISTRICT of any cancellation, non-renewal or material
modification of the policy. CITY shall be responsible for ensuring that this
requirement has been met before allowing the PROJECT work to proceed.
b, Neither DISTRICT, nor any officer or employee thereof, shall be responsible
for any damage or liability occurring by reason of anything done or omitted
to be done by CITY in connection with any work delegated to CITY under
this AGREEMENT, and CITY shall defend, indemnify, save and hold
harmless DISTRICT, its governing body, officers and employees from the
same,
C. Nothing in this AGREEMENT is intended or shall be construed to affect the
legal liability of either party to third parties by imposing any standard of care
greater than that imposed by law.
7. 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
CITY.
8. Agreement Modification:
This AGREEMENT shall be subject to modification only with the prior, written
consent of CITY and DISTRICT. Neither parry shall unreasonably withhold its
consent to the implementation and accomplishment of the overall purpose for which
this AGREEMENT is drawn.
9. Agregment Expiration:
This AGREEMENT shall expire upon delivery of the report of receipts and
disbursements and payment of all funds specified herein, or on June 30, 1998,
except for the provisions of Section 6 which shall survive expiration of this
AGREEMENT.
CONTRA COSTA COUNTY CITY OF ANTIOCH
FLOOD CONTROL AND WATER
CONSERVATION DISTRICT p
By: By: Z�L��
Chair, Board of Supervisors Mary Rochif, Mayor
ATTEST: —Ld� By:
Phil Batchelor, ClerWof the Board
of Supervisors and County ATTEST:
Administrator Florence V. Rundall, City Clerk
RECOMMENDED FOR APPROVAL
J. Michael W�aalford, Chief Engineer
By: Clb
.. C�ly31,,.
, 412
Deputy Chief Engineer
By: By:_/liICCI
FORM APPROVED: FORM APPROVED:
Victor J. Westman, County Counsel William R. Galstan, City Attorney
� 1
By;
Deputy
elzo
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: JANUARY 28, 1997
SUBJECT: Approve Joint Exercise of Powers Agreement with EBMUD for Relocation/Upsizing of the
Water Main Crossing San Ramon Creek at Livorna Road, Alamo Area.
Project NO.: 7520-688562
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the Joint Exercise of Powers Agreement between Contra Costa County Flood Control
and Water Conservation District and East Bay Municipal Utility District for the relocation/upsizing
of the water main crossing San Ramon Creek at the Livorna Road bridge, Alamo area.
IL Financial Impact:
The estimated cost to the Flood Control District for the water main relocation described in this
agreement is $60,000 (funding by Flood Control District - Zone 3B).
III. Reasons for Recommendations and Background:
The Flood Control District is planning to construct a rectangular concrete channel under the
Livorna Road bridge as part of the San Ramon Creek Improvement Project (Chaney Road to
Livorna Road). The existing 16-inch water main which crosses under the creek at the bridge
conflicts with the proposed channel and must be relocated. The costs associated with the
relocation of this water main are the responsibility of the Flood Control District, EBMUD has
asked that the existing 16-inch main be replaced with a 24-inch main in conjunction with the
relocation work and has agreed to pay the extra cost of the upsizing.
IV. Consequences of Negative Action:
A negative action would result in the existing water main remaining in place, thereby preventing
the proposed channel improvements from being built.
Continued on Attachment:— SIGNATURE: VY,
RECOMMENDATION COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURE(S):
ACTION ,�; ::
:;,, BOARD ON 0 A-1) - 1 APPROVAS RECOMMENDED OTHER
V07OF SUPERVISORS
UNANIMOUS(ABSENT_)
AYES:—NOES:
ABSENT ABSTAIN:—
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Contact Joe Olsen,Design,(510)313-2284 on woo taken and entered on the minus the
Orig. Div: Public Works(Design Division) Doard of Suporv�jonl on the z-' .nown.
cc: Auditor Controller A—TTESTE ' - I
County Administrator,Attn:E. Kuevor HiiLaLAI'CHAE'EL'0,1�&1.-2�:�� �Ward
PW- Accounting of superviswe and Gcunty,-'.-.�ninnratoa
Construction
Flood Control
EBMUD
JOINT EXERCISE OF POWERS AGREEMENT
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
PROJECT NO. 7520-61B8562
1. Parties: Effective on rtY6. 2ro , 1997, the CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a body, corporate and politic,
hereinafter referred to as "FCD", and the EAST BAY MUNICIPAL UTILITY DISTRICT, a
public corporation organized and existing under the laws of the State of California, hereinafter
referred to as "EBMUD," pursuant to Government Code Section 6500 and following, mutually
agree and promise as follows:
2. Purpose and Scope of Work: FCD is constructing a project consisting of widening and
lowering San Ramon Creek in the vicinity of the Livorna Road Bridge. As a result, the existing
16" water main, owned by EBMUD, which lies under said creek must be relocated. The cost
of such relocation is the responsibility of FCD. EBMUD has expressed a desire to upsize the
16" main to a 24" main when the 16" main is relocated and has agreed to pay for the extra
cost of this upsizing. The parties agree that FCD should design and administer a construction
contract for the water main relocation and upsizing (hereinafter referred to as the PROJECT).
The purpose of this Agreement is to provide for the design and construction of the PROJECT
and the apportionment of project duties and costs between FCD and EBMUD.
3. Method:
(a) FCD shall perform the following activities:
1. Prepare plans and specifications for the PROJECT.
2. Obtain environmental clearance for the PROJECT pursuant to the California
Environmental Quality Act (CEQA), and secure all necessary permits to
construct the PROJECT.
3. Advertise the PROJECT for public bid and award a contract for construction.
4. Perform either using FCD staff or a consultant, all design and construction
engineering, surreys, materials testing, contract administration, and inspection
of the PROJECT, with the exception of that inspection or testing specified in this
agreement to be performed by EBMUD.
5. Consult with EBMUD on any necessary changes or extra work prior to the
issuance of any contract change orders.
6. Accept the PROJECT work, but not until EBMUD has determined that the
project has been completed to its satisfaction.
7. Prepare and submit to EBMUD a report of the PROJECT receipts and
disbursements in accordance with Section 5(d).
(b) EBMUD shall perform the following activities:
1. Review and approve the bid documents prior to advertisement of the contract.
2v
2. Perform the following testing and inspection of the project in accordance to
EBMUD's latest standard practice and procedures:
a. Pressure and leakage
b. Flushing and chlorination
c. Pipe fabrication
d. Coating
e. Cathodic protection
3. Perform construction of the tie-in connections.
4. Perform a joint final inspection of the PROJECT with FCD.
5. Consult with FCD, as necessary, to enable the PROJECT to be properly
completed.
6. Prepare and submit to FCD a report of the costs incurred in accordance with
Section 5(c).
4. Financial Responsibility: FCD shall pay all costs for the relocation of the 16" water main,
including preliminary engineering, construction engineering, construction contract and contract
administration performed by FCD and/or its consultant. EBMUD shall pay for the additional
costs associated with upsizing the 16" main to a 24" main. The estimated quantity breakdown
and the estimated costs of such construction are set forth in attached Exhibit "A", which is
incorporated here by reference. EBMUD shall pay for all costs incurred by EBMUD in
performing the duties described in Sections 3(b)1, 3(b)4, 3(b)5 and 3(b)6. FCD shall pay for
all costs incurred by EBMUD in performing the duties described in Sections 3(b)2 and 3(b)3.
5. A6ustment:
(a) Within seven days after opening of bids, EBMUD shall provide written notification to FCD
to proceed with upsizing the main to a 24" diameter. Should EBMUD fail to notify FCD on
time or should EBMUD elect not to proceed with upsizing the main to a 24" diameter, FCD
will construct 16" water main.
(b) Should the as-built quantities differ from those set forth in Exhibit "A", said quantities and
costs of the PROJECT shall be adjusted accordingly.
(c) Within forty-five days of acceptance of the project, EBMUD shall deliver to FCD a report
of project expenditures incurred in performing the duties described in Sections 3(b)2 and
3(b)3.
(d) Within sixty days of acceptance of the PROJECT, FCD shall deliver to EBMUD a report
of project expenditures, together with a bill for the additional amount owed to FCD, if the final
incremental cost of upsizing the main exceeds EBMUD's costs in performing the duties
described in Sections 3(b)2 and 3(b)3. Payment for the amount owed to FCD, if any, shall
be made no later than sixty days after the date of billing by FCD. If the final incremental cost
of upsizing the main is less than EBMUD's costs in performing the duties described in
Sections 3(b)2 and 3(b)3, the excess shall be refunded to EBMUD within sixty days of
acceptance of the PROJECT.
2
E.. Insurance and Hold Harmless
(a) The contract documents for the PROJECT shall include provisions requiring the
contractor to provide insurance and indemnification naming EBMUD and its officers and
employees to the same extent as for FCD and its officers and employees, and shall require
the contractor to provide to FCD and EBMUD a guarantee against defects in material and
workmanship for a period of one year from the date of acceptance by EBMUD.
(b) Neither EBMUD, nor any officer or employee thereof, shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by FCD in connection
with any work delegated to FCD under this Agreement, and to the extent not covered by the
above-described insurance or indemnification. FCD shall defend, indemnify, save and hold
harmless EBMUD and its officers and employees against the same, except as provided
otherwise in section 7 (b).
(c) Neither FCD, nor any officer or employee thereof, shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by EBMUD in
connection with any work delegated to EBMUD under this Agreement, and to the extent not
covered by the above-described insurance or indemnification. EBMUD shall defend,
indemnify, save and hold harmless FCD and its officers and employees against the same.
(d) EBMUD acknowledges that entry into the construction area carries with it a certain risk
and agrees to release, indemnify, and hold harmless FCD and its officers and employees from
any liability for death of, or injury to, EBMUD's representative(s) while present in the
construction area, except for liability resulting from the sole negligence or willful misconduct
of FCD.
(e) Nothing in this Agreement is intended to affect the legal liability of either party to third
parties by imposing any standard of care different from that normally imposed by law.
7. Acceptance and Maintenance:
(a) Upon completion of the PROJECT, EBMUD and FCD shall conduct a joint final
inspection. After EBMUD has determined that the PROJECT has been completed to
EBMUD's satisfaction, FCD shall accept the PROJECT as complete for itself and for EBMUD.
EBMUD shall not unreasonably withhold or delay its determination of project completion.
(b) Upon acceptance of the PROJECT, EBMUD shall own and be responsible for maintaining
the PROJECT and notwithstanding the provisions of section 6(b), shall defend, indemnify,
save, and hold harmless FCD and its officers and employees against any and all claims,
demands, suits, costs, expenses, and liability for any damages, injury, sickness, or death
occurring after acceptance and relating to the use, operation or maintenance of the
PROJECT, except for liability resulting from the sole negligence or willful misconduct of FCD.
Notwithstanding the foregoing, EBMUD shall in no event be liable or responsible or be
required to defend, indemnify, save and/or hold harmless FGD for any damage or liability
occurring by reason of anything done or omitted to be done by FCD in connection with the
design and/or construction of the PROJECT.
8. AA reement Modification: This Agreement shall be subject to modification only by the
written consent of both parties. Neither party shall unreasonably withhold its consent to the
implementation and accomplishment of the overall purpose for which the Agreement is
drafted.
3
� ZD
9. , 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 FCD.
10. Accountability: As required by Government Code section 6505, both parties to this Agreement
shall provide strict accountability of all funds received for the joint project.
11. Agreement Termination Unless terminated earlier through the mutual, written consent of
the parties, this Agreement shall terminate upon the refund payment described in section 5(d)
above. The provisions of section 6(b), 6(c), 6(d), and 7(b) shall survive any termination of this
Agreement.
CONTRA COSTA COUNTY FLOOD EAST BAY MUNICIPAL UTILITY DISTRICT
CONTROL & WATER CONSERVATION
DISTRICT
By:� kvz By:
Chairperson, Board of Supervisors Director, Engineer' g and Construction
ATTEST: 1`t *7
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By:
Deputyk
RECOMMENDED FOR APPROVAL:
J. Michael Walford,
Chief Engineer
r
Chief Engi eer-
FORM APPROVED: FORM APPROVED:
Victor J. Westman, R. Helwick
County Counsel r General�Counsel
By: By: V�rl
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Deputy
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 11. 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Ganciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN:None
SUBJECT: Award of Contract for Byron Airport
Fencing Project, Byron area
Project No. 4875-6X5307-96
Bidder Total Amount Bond Amounts
Arrow Fencing $99, 606.50 Payment:
P.O. Box 167 $49,803.25
Philo, CA 95466 Performance:
$99,606. 50
Central Fence Co.
San Jose, CA
Golden Bay Fence
San Lorenzo, CA
Dura Fence Co.
Sacramento, CA
Industrial Fence Co.
Modesto, CA
Oliveira Fence, Inc.
Santa Clara, CA
The above-captioned project and the plans and specifications
therefor having been previously approved, and bids having been duly
invited and received by the Director of Public Works on January 14,
1997; and
The Contract Compliance Officer having reported that the lowest
monetary bidder, Capitol Fence & Supply Co. ("Capitol") , has attained
DBE participation of 0%, which does not meet the DBE goal for this
project (20%) , the Contract Compliance Officer having determined that
Capitol has failed to document an adequate good faith effort to comply
with said goal and the DBE requirements, as provided in the project
specifications, and the Contract Compliance Officer recommending
rejection of said bid; and
Capitol having been notified in writing of the Contract Compliance
Officer's determination and having failed to appeal it, as provided in
the project specifications; and
The bidder listed first above, Arrow Fencing ("Arrow") , having
submitted the lowest responsive and responsible bid, which is $338.50
less than the next lowest bid; and
The Contract Compliance Officer having reported that Arrow has
attained DBE participation of 16.87%, and the Contract Compliance
Officer having determined that Arrow has documented an adequate good
faith effort to comply with the DBE goal and requirements for this
project; and
The Director of Public Works recommending that the bid submitted
by Arrow is the lowest responsive and responsible bid, and this Board
concurring and so finding;
AWARD OF CONTRACT FOR THE BYRON February 11, 1997
AIRPORT FENCING PROJECT, BYRON AREA
NOW, THEREFORE, the Board finds, determines and orders as follows:
The Board DETERMINES that the lowest monetary bidder, Capitol, has
failed to meet the DBE goal for this project, has failed to document an
adequate good faith effort to comply with the DBE goal and requirements
for this project and has failed to appeal the Contract Compliance
Officer's determination, as provided in the project specifications, and
the Board FURTHER DETERMINES that said bid is non-responsive and
REJECTS said bid on that basis; and
The Board FURTHER DETERMINES that Arrow, as the lowest responsive
and responsible bidder, has documented a good faith effort to comply
with the DBE goal and requirements for this project, and the Board
WAIVES any irregularities in such compliance; and
The Board ORDERS that the contract for the furnishing of labor and
materials for said work is awarded to Arrow at the listed amount and at
the unit prices submitted in said bid, and that said contractor shall
present two good and sufficient surety bonds as indicated above, and
that the Director of Public Works shall prepare the contract therefor;
and
The Board FURTHER ORDERS that after the contractor has signed the
contract and returned it, together with the bonds as noted above and
any required certificates of insurance or other required documents, and
the Director of Public Works has reviewed and found them to be
sufficient, the Director of Public Works is authorized to sign the
contract for this Board; and
The Board FURTHER ORDERS that, in accordance with the project
specifications and/or upon signature of the contract by the Director of
Public Works, any bid bonds posted by the bidders are to be exonerated
and any checks or cash submitted for security shall be returned; and
The Board FURTHER ORDERS that the Director of Public Works is
authorized to sign any escrow agreements prepared for this project to
permit the substitution of securities for moneys withheld by the County
to ensure performance under the contact, pursuant to Section 22300 of
the Public Contract Code; and
Pursuant to Public Contract Code Section 4114, the Board DELEGATES
its functions under Public Contract Code Sections 4107 and 4110 to the
Director of Public Works or his designee; and
Pursuant to Labor Code Section 6705, the Board FURTHER DELEGATES
to the Director of Public Works or to any registered civil or
structural engineer employed by the County the authority to accept
detailed plans showing the design of shoring, bracing, sloping or other
provisions to be made for worker protection during trench excavation
covered by that section; and
The Board DECLARES that, should the award of the contract to Arrow
be invalidated for any reason, the Board would not in any event have
awarded the contract to 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) .
Contact: Joseph P. Murphy, (510) 313-2321
Orig. Dept: Public Works Department
Construction Division
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Gu2�1
AWARD OF CONTRACT FOR THE BYRON February 11, 1997
AIRPORT FENCING PROJECT, BYRON AREA
cc: Public Works Department
Construction Division
Accounting
County Counsel
Auditor-Controller
Arrow Fencing (Via Const. Div. )
Capitol Fence & Supply Co. (Via Const. Div. )
Surety (Via Const. Div. )
S.B.E.
703 Market St.
San Francisco, CA 94103-1000
1 WNW oudh dM oda M e fn*o d Wpm ao�df
of aeoW taken and entered on me minulp al tlM
Mood of 8upomisom on the d:.a shown.
d
PHIL BA7CHELOq ;erk-f'',o baltlaeM
of 9apenlaWa and L unty AdministmW,
Dow-3-