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HomeMy WebLinkAboutMINUTES - 01062004 - C1-C6 TO: BOARD OF SUPERVISORS «► FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 6, 2004 SUBJECT: ADOPT the previously approved State of California Department of Transportation, District 4 (CALTRANS) and United States Department of Transportation Federal Highway Administration's (FHWA) Negative Declaration (Neg. Dec.)/Finding of No Significant Impact(FONNSI) for the purpose of real property transactions for the State Route 4 East Widening (from Route 242 in Concord to Railroad Avenue in Pittsburg)project in compliance with the California Environmental Quality Act; Pittsburg area. [SCH No 97102003] (Measure C Funds)(District V)Project No. 4660-6X425$ SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION' I. Recommended Action: ADOPT the previously approved State of California Department of Transportation., District 4 (CALTRANS) and United States Department of Transportation Federal .Highway Administration's (FHWA) Negative Declaration (Neg. Dec.) / Finding of No Significant Impact (FONSI) for the; purpose of real property transactions for the State Route 4 East Widening (from. Route 242 in Concord to Railroad Avenue in Pittsburg)project in compliance with the California Environmental Quality Act; and AUTHORIZE the Public Works Director, or designee to execute real property transactions associated with this project; and DIRECT the Director of Community Development to file a Notice of Determination with the County Clerk; and AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Community Development for processing, and a$25 fee to the County Clerk for filing the Notice of Determination. Continued on Attachment: SIGNATURE: ' —fZECOMMENDATION OF COUNTY ADMINISTRATOR ...d RECOMMENDATION OF BOARD COMMITTEE m-APPROVE —OTHER SIGNATURES ACTION OF BOA N JANUARY 06, 2004 APPROVED AS.RECOMMENDED hx OTHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENT none } AYES. NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the TT:sr Board of Supervisors on the date shown. 6:\GrpData\EngSvc\Enviro\BO\2004\ (01-06-04)CEQA-SR4 East Soundwal R-w Acq-Adopt Caltrans-ND.doc ATTESTED: JANUARY 06, 2004 prig,Div: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Supervisors Contact: CeceSellgren, (3232296) cc: E.Kuevor,CAO and County Administration Auditor-Controller K.Pinna,Community Development AccountingBy Deputy -.---�--.��" R.Babst,Real Property / —--5 T,Torres,Environmental Subject: ADOPT the previously approved State of California Department of Transportation, District 4 (CALTRANS) and United States Department of Transportation Federal Highway Administration's (FHWA) Negative Declaration (Neg. Dec.) /Finding of No Significant Impact(FONSI) for the purpose of real property transactions for the State Route 4 East Widening (from Route 242 in Concord to Railroad Avenue in Pittsburg)project in compliance with the California Environmental Quality Act: Pittsburg area. [SCH No 97102003] (Measure C Funds) (District V)Project No. 4660-6X4258 Date: January 6,2403 Page: 2 IL Filen] Tm1aet#: The acquisition will not have an impact on General Funds. The proposed project will be funded by Measure C Funds. III. Reasons for Recommendations and RII :kgrrin In May of 1998, Caltrans and FHWA with Contra Costa Transportation Authority (CCTA) published the Neg. Dec./FONSI for the Route 4 East Project. On May 1, 1998, Caltrans approved the Neg. Dec. and on May 4, 1998, the FHWA approved the FONSI. Contra Costa County is adopting the Neg. Dec./FONSI to address real property transactions associated with the project. Contra Costa County (County) in cooperation with CCTA intends to acquire right-of-way for the proposed installation of a continuous sound wall (approx. 141f. high by 3,700 If. long) along the north side of State Route 4 between Mariner Court and Bernauer Drive in the Pittsburg area. The sound wall will help reduce the noise impact due to road widening of State Route 4 and right-of-way acquisition is necessary in support of the soundwall. Ultimately, the right-of-way will be transferred from the County to the State for maintenance of the soundwall. Future real property transactions may be necessary in support of this project. Project Location: The proposed project is located in East Contra Costa County on State Route 4 in the Pittsburg area. IV. Cnnsitqnjences of Negatile. Action: Delay in adopting the Neg. Dec./FONSI will prevent the acquisition of necessary right-of-way, preventing the soundwall from being constructed. CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095 Telephone: (925)313-2296 Contact Person: Cece Sellgren, Environmental Planner Project Description, Common Name (if any) and Location: Contra Costa County Real Property Transactions associated with the State of California Dept. of Transportation, District 4 (Caltrans) and U.S. Dept. of Transportation Federal Highway Administration (FHWA) Negative Declaration (Neg. Dec.)/ Finding of No Significant impact(FONSI)for the State Route(SR4) East Widening from Route 242 to Railroad Avenue in Pittsburg. In May of 1998,Caltrans and FHWA with Contra Costa Transportation Authority(OCTA)published the Neg. Dec./FONSI for the Route 4 East Project. On May 1, 1998, Caltrans approved the Negative Declaration and on May 4, 1998, the FHWA approved the Finding of No Significant Impact (FONSI). Contra Costa County is adopting the Neg. Dec./FONSI to address real property transactions associated with the project. The initial real property transaction involves Contra Costa County (County) in cooperation with CCTA acquiring right-of-way for the proposed installation of a continuous sound wall (approx. 14 If.high by 3,700 If. long)along the north side of SR4 between Mariner Court and Bernauer Drive in the Pittsburg area. Thesound wall will help reduce the noise impact due to road widening of SR4,therefore,right-of-way acquisition is necessary. Ultimately,the right- of-way will be transferred from the County to the State for maintenance of the soundwall Additional real property transactions for other actions outlined in the Neg.Dec./FONSI may also occur. Project Location: The proposed project is located in East Contra Costa County on State Route 4 in the Pittsburg area. Pursuant to the provisions of the California Environmental Quality Act: { } An Environmental Impact Report was prepared and certified (SCH# } { } The Project was encompassed by an Environmental Impact Report previously prepared for (SCH# }. ( X } A Negative Declaration(Neg. Dec.)!Finding of No Significant Impact(FONSI)was prepared following identification of a potentially significant impact. The Neg. Dec. /FONSI (certified by the State of California)is being adopted by the Board of Supervisors Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Community Development Department. ( X } Caltrans and FHWA determined that the project will not have a significant environmental effect. The Board of Supervisors is adopting the certified Neg Dec. ( } The Project will have a significant environmental effect. ( } Mitigation measures were made a condition of approval of the project. { } A statement of overriding considerations was adopted. ( } Findings were adopted pursuant to Section 15051 of the State CEQA Guidelines. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(e). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Contra Costa County Public Works Dept. EIR-$850 Total Due: $ 255 Glacier Drive Neg. Dec. - $1,250 Total Paid $ Martinez, CA 94553 DeMinimis Findings-$0 Attn:Trina Torres X County Clerk-$50 Receipt#: G.\GrpData\EngSvc\ENVIR0\2E103 Proiects\CEQA\N0D\SR4 East Sound wall R-w Acquis.doc -- _ CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095 Telephone: (925)313-2296 Contact Person: Cece Sellgren, Environmental Planner Project Description, Common Name (if any) and Location: Contra Costa County Real Property Transactions associated with the State of California Dept. of Transportation, District 4 (Caltrans) and U.S. Dept'. of Transportation Federal Highway Administration (FHWA) Negative Declaration (Neg. Dec.) /Finding of No Significant Impact(FONSI)for the State Route (SR4) East Widening from Route 242 to Railroad Avenue in Pittsburg. In May of 1998, Caltrans and FHWA with Contra Costa Transportation Authority(OCTA)published the Neg. Dec./FONSI for the Route 4 East Project. On May 1, 1998, Caltrans approved the Negative Declaration and on May 4, 1998, the FHWA approved the Finding of No Significant Impact (FONSI). Contra Costa County is adopting the Neg. Dec./FONSI to address real property transactions associated with the project. The initial real property transaction involves Contra Costa County (County) in cooperation with OCTA acquiring right-ofwayforthe proposed installation of a continuous sound wall(approx. 14 If. high by 3,700 If. long)along the north side of SR4 between Mariner Court and Bemauer Drive in the Pittsburg area. The sound wall will help reduce the noise impact due to road widening of SR4,therefore, right-of-way acquisition is necessary. Ultimately,the right- of-way will be transferred from the County to the State for maintenance of the soundwall. Additional real property transactions for other actions outlined in the Neg. Dec./FONSI may also occur. Project Location: The proposed project is located in East Contra Costa County on State Route 4 in the Pittsburg area. Pursuant to the provisions of the California Environmental Quality Act: ( ) An Environmental Impact Report was prepared and certified (SCH# ) { } The Project was encompassed by an Environmental Impact Report previously prepared for -_ (SCH# ). { X ) A Negative Declaration (Neg. Dec.)/Finding of No Significant Impact(FONSI)was prepared following identification of a potentially significant impact The Neg. Dec./FONSI (certified by the State of California)is being adopted by the Board of Supervisors Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Community Development Department. ( X } Caltrans and FHWA determined that the project will not have a significant environmental effect. The Board of Supervisors is adopting the certified Neg Dec. { j The Project will have a significant environmental effect. { } Mitigation measures were made a condition of approval of the project. { ) A statement of overriding considerations was adopted. ( ) Findings were adapted pursuant to Section 15091 of the State CEQA Guidelines. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Contra Costa County Public Works Dept. EIR-$850 Total Due: $ 255 Glacier Drive Neg. Dec. -$1,250 Total Paid $ Martinez, CA 94553 DeMlnimis Findings- $0 Attn:Trina Torres X County Clerk-$50 Receipt#: GAGrpData\EngSvcIENVIR0M03 Projects10EQA\N0DNSR4 East Sound Wail R-W Acquis.doc THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 6, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UJILKEMA, GREENBERG, GLOVER AND OESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 200414 (Gov. Code § 25526.5) SUBJECT: ADOPT Resolution No. 20041 4 approving the conveyance of County interest in Real Property to the State of California in connection with the widening of State Route 4 at Bixler Road, for the development of Subdivision 8456. Portion of Assessor's Parcel No. 011-220-030 & 011-220-031. Discovery Bay Area Project No. 0651-61-073E The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property on September 24, 1900,Series No. 90-199678, Book 16139 Page 862, in the Discovery Bay area,described in Exhibit"A„ attached hereto, for said project. This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to the State of California, pursuant to Government Code Section 25526.5 and the Chair of the Board of Supervisors is hereby AUTHORIZED to execute the Grant Deed on behalf of the County in accordance with the terms and conditions of the Contra Costa County Community Development Department Approved Permit for Subdivision 8456, Sandy Cove Clause No. 53 on file in the Public Works Department. The Real Property Division is DIRECTED to cause said Grant Deed to be delivered to the grantee for acceptance and recording. Contra Costa County completed an Environmental Impact Report (EIR) for Subdivision 8456 in 1992 (SCH#90003015).This document covers the road improvements and adequately addresses the conveyance of said property rights. CP:eh l hereby certify that this is a true and correct G:\GrpDatatRealPropt2004-Files\BOS&RES\BR.26 BlAer Road.doc copy of an action taken and entered on the minutes of the Beard of Supervisors on the Orig.Dept.: Public Works(RIP) date shown. Contact: C Pecclanti(313-2222) JANUARY 01 (}(� cc: Public Works Accounting ATTESTED: s Public Works Records JOHN SWEETEN,Clerk of the Board of C.Lau,Engineering Services Grantee(via RIP) Supervisors and Count d lnistrator Recorder(via R/P) Community Development Dept. BY_. Deputy Board Orders Clerk Specialist,Adm. RESOLUTION NO. 2004/ 4 Recording Requested By: When Recorded Return to: State of California Department of Transportation P. 0. Box 23440 Oakland, CA 94623-0440 Attn: Vernia Smith SPACE ABOVE THIS LINE FOR RECORDER'S USE District Coon Route Post Mite Number 04 cc 04 45.5 50473-1 Encroachment Permit#01 -2065 GRANT CREED Contra Costa County, a political subdivision of the State of California, GRANTS to the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION,all that real property in the unincorporated area of the County of Contra Costa, State of California,jdescribed as follows: FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, CONTRA COSTA COUNTY Dated JAWARY 06, 2004 By � Chair, Board of Supervisors G:lCrpData\RealPropl2003-Fites103-12\DE2 State of california.doc 12123/03 Number 50473 - 1 STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA ) JANUARY 06 2004 On s before me Emelda L. Sharp, Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared S f' OiSOR MARK DeSAULNIER , who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. By: 4L4' Date: JANUARY O6,', 2004 Deouty dlerk THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, l have hereunto set my hand this day of , 2001. By Director of Transportation Attorney in Fact G:1GrpDatalRealProp12003-Files\03-12\DE2 State of California.doc 12/29/03 2 Number 50473-I EXHIBIT A Legal Description All that real property situate in the unincorporated area of the County of Contra Costa, Mate of California, described as follows: All that real property as described in the GRANTDEED from BYRON SEVENTY-EIGHT to CONTRA COSTA COUNTY, apolitical subdivision of the State of California, recorded September 24, 1994, in Boob 16139 of Official Records, at Page 862, further described as follows: A portion of that parcel of land described in the deed to Byron-Seventy Right recorded June 30, 1986 in Book 12914 at page 288, Official Records of Contra Costa County, California, described as follows. Beginning at the southeasterly corner of said Byron Seventy-Eight parcel (1.2914 O.R. 288), thence from said point to beginning, along the southerly line of said parcel, said Line being the northerly right of way line of State Highway 4,north 89'1622" west 772.47 feet;thence leaving last said line,north 0°59'47" east 32.11 feet to the point of intersection with the westerly prolongation of the southerly line of Parcel B as said Parcel B is shown on the map of "Subdivision 67601 Discovery Bay" filed June 23, 1988 in book 323 of Maps at page 9, Records of said County, thence, along the said westerly prolongation of the southerly line of Parcel B (32.3 M 9), south 89°00'53" east 772.44 feet to a point on the easterly line of said Byron Seventy- eight parcel (12914 O .R. 288), said point being the southwesterly corner of Parcel B (323 M 9); thence along the said easterly line(12914 O.R. 288)south 0°5627" west 28.63 feet to the Point of Beginning. Containing an area of 0.539 acre of land,more or less. Bearing used in the above description are based on the California Coordinate System Zone III (CCS 27). All distances shown are ground distance. NO, S t K:1PROJECTS\2000500026\documentsldesc*ion100026-HWY4-County Parcel to State(16139t7R962).wpd EXHIBIT "Ass SEP 2 1990 , Recorded at the request of: REM110 At REQLIMT OF FO NDERS TrrLE Co Contra Costa County �� �995'�$ C SEP 2f Return to: � Cfi Contra Costa County CONTRA Ci1STA JO`CLOCX Ni� AT Publics Works Department SMPHEN L.WEIR L� Real Property Division 255 Glacier Drive FEE$ c[x1 RECORDER C Martinez,CA 94553Cm Attention: Karen A.McNamer Portion of Assessor's Parcel No.011.220 Oil) a ; GRANT DEED For Value Received, BYRON SEVENTY-EIGHT, a Carsfomfa Gene alpartnership, b' GRANTS to CONTRA COSTA COUNTY,a political subdivision of the State of Cai!forn#a, the follovdng described rea!property in the unincorporated area of the County of Contra Costa, State of Calfforr#a, FOR DESCRIPTION SEE EXHIBIT 'A'ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR: BYYRON SEVONTY EIGHT Bate Auc7u'1 q, i99d Setrltlg ATTACH APPROPRIATE ACKNOftEDGMENT ;n MOM Wy 17,rv9 y j 1 State Highway 4 Byron Seventy-Sight Parcel 1 } EXKrB+f "A" C77 A portzcn of that pard of land describers in the deed to By= Seventy- Eight recorded ,Tune 30, 2986 in Book 12914 at page 288, official Records of ' Centra Costa County, California, described as follows: " � gir nuq at the southeasterly con-ter of said Byron Seventy-eight parcel (12914 O.R. 288), thence from said Point of Beginning, alcM hitt southsrly C.ui lines of said parcel, said Lines being the northerly right of way liner of Sta:e Highway 4, r=th 890 161 22" west 772.47 fast; therim leaving last said lie, r=th 00 59, 07" east 32.3.1 fest to the point of int 'tion with the we ly prolongation of thea southerly line of Parcel B as said Parcel B is st a4n on the map of "Subdivision 676n Discovery Bay" tiled Jtu3e 23, 1908 in Boojt 323 of Maps at Me 9 Rem of said County: thence, along the said westerly prol=vptitn of the southerly line of Parcel B (323 lei 9), sou h 890 001 53" east 772,44 feet to a point on the easterly line of said Byron Seventy-eight Gael (12914 O.R. 288), said paint being the southwres<- terly corner of said Parcel B (323 M 9), thence aloM the said easterly line (12914 O.R. 283) starth'00 561 27i1 gest. 23.63 feet to the Point of Beginning. Containing an area of 0.539 acre of land, more or less. SeariMs used .in the abwe description are based on the California Coor- dinate System Zone III (CCS 27). M:.xs exttyron.2 i (3/31/89) s t: f. a. t r CANADA ) PROVINCE OF BRITISH COLUMBIA } ss. COUNTY OF VANCOUVER j C" La ON THIS second play of August 1990,before me-,the undersigned, a Notary Public personally appeared ENRIQUE J. TEODORO and LUIZ LIM, personally known to me or proved to me on the basis of satisfactory evidence to be two of the parmets of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. t No is in and for the said County and Province of British Columbia .r CANADA } ?RQJLNCE OF BRITISH } CDWMBIA, ) CITY OF VANOAXER, } SS: CONSULATE GENERAL OF THE} UNI'T'ED STATES of AMERICA} •' I, ,:oyce A. ire 5hazo, Consul of the United States of America CAJ cc at Vancouver in the province of British Columbia, duly Conmissioned a' and cualified, do hereby certify that 4M CA ------------ DENNIS BLAIR PETERSON --_.,..-.._--- before whrxn the annexed document has teen executed, was at the time jot%Jkte signed the annexed Certificate a NQ ARY PUBLIC: at Vancouver, in the Province of aritish Colombia, Canada IN WIINSSS WHEREOF I have here unto set my hand erns affixed the Seal of the Consslate General at Vancouver this . day of Au&ust.. 1990 . 7 moi./ 4'1c oy A. De Shazo, Co uI of the United States of America THIS I3WUME!" CONSISTS OF *PA",ES. TO: BOARD OF SUPERVISORS As— FROM: J.MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: August 28, 19W SUBJECT: Highway 4 Widening 0 Discovery Bay Pr*d NO.: 4OW-OX4067 Task: ACO Account: 3540 PrP"tYt WIBYIVITK7M A AM,RMtYiN:AYiCiM L Recommanded Action: A. APPROVE Right of Way Contract and ACCEPT Grartt Deed and Grant of Easement dated W August 2, 1990,from Byron Seventy-Eight � S. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE payment of$5.000 for Saki property rights and AUTHORIZE the Auditor- Controller to issue a c it eck In said amount payable to Founders Title,Escrow No.873589 to be forwarded to the Real Properly Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant€cad and Grant of Easement recorded In the office of the County Recorder. It Financial-Imps Payment of K000 from Area of Benefit funds. III. Masons for Recnrnmendattona and Ba kar utnd• These property rights are required for the Highway 4 road widening project In accordance with tate approved plans and specifications. i IV. consetuances of Naga Agdon: i The project will not have sufficient land rights to allots construction in accordance wtlth the �. ad on Awns and specifications. j Contlntmt ars meat:_ Siti3NA"lURE: RECO 71ON OF ADMIMPUTOR _. RECOMMENOATION OF BOARD COMMIT I APPROVE � OTHER St;3N/17tJRsi;S}: i. 7=59 OF BOARD ON A,,gust 21, 19 C U APPR VEDA RECOMM€NDED OTHER i:. VOTE OF SUPERVISORS �Cjr + X UNANIMOUS(ABSENT I I T ft IV 1 rC AM,_ 1lOES: ASSt NT ABSTAIN: t hereby coft Mat xb to•t"and 00W am of 10*19 an*own lam"a"om wed Do"M malum.at the C.$0228 ifS ATBaerd a, tl i�JUOWL M, ON.DN: Fomite Works(R/P) at6eiyar*mand c*M*AA cc: County Administrator To JA,zA� Audkor-Controller jvla ) P.W.Accounting VFlecorder{via R/P) L;��Di DOGi1,:iFh! TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR BATE: January 6, 2004 SUBJECT: Approve Easement Agreement from The Burlington Northern and Santa Fe Railway Company. Martinez area. [CP 00-371 Project No.: 0672-6R6382 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE the Easement Agreement with The Burlington Northern and Santa Fe Railway Company, and AUTHORIZE the Chair, Board of Supervisors,to execute said document on behalf of the County. B. APPROVE payment of$2,000.00 for said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to The Burlington Northern and Santa Fe Railway Company,2650 Lou Menk Drive,Fort Worth,Texas 76131,to be forwarded to the Real Property Division for delivery. C. DIRECT the Real Property Division to have the above referenced Easement Agreement recorded in the Office of the County Recorder. II. Financial Impact: Payment of$2,000.00 from County road funds. III. Reasons for Recommendations and Background: These property rights are required for the repair of Christie Road project in accordance with the approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. Continued on Attachment: X SIGNATUR�4—"("' _ze4&COMMENDATION OF COUNTY AD INIST TOR _ RECOMMENDATION OF BOARD COM TT -,APROVE ...9THER SIGNATURE(S): -•, i,%' ACTION OF BOA D, N ,JANUARY 06, 2004 APPROVED AS RECOMMENDED xx OTHER VO'T'E OF SUPEI ISORS xx UNANIMOUS(ABSENT None ) ( hereby certify that this is a true and correct AYES: NOES: ABSENT: AI3STATN: copy of an action taken and entered on the minutes of the Board of Supervisors on the LLO:eh date shown. G:\GrpData\RealProp\2004-Fil es\BOS&RES\bo2_BNSF2.doe Orig. Div: Public Works RIP JANUARY 06 2004 Contact: L.Lucy Owens(313-2229) ATTESTED: s cc: County Administrator JOHN SWEETEN, Clerk of the Board of Auditor-Controller(via R/P) Supervisors and County Administrator P.W.Accounting Recorder(via R/P) By Deputy Board Order Clerk Specialist,Adm. WEA RECORDED MAIL,TO: CONTRA COSTA COUNTY Public Warks Department Real Property Division 255 Glacier Drive Martinez,CA 94553 Attn: L.Lucy Owens MAIL TAX STATENIE+NTS T0. SPACE ABOVE THE LIN:FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX$ ..Computed on the consideration or value of Property conveyed,OR —Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining Tax-Faun Name EASEMENT AGRE+ ,Nj' ]KNOW ALL MEN BY THESE PRESENTS, that THE -BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, whose address for purposes of this instrument is 2650 Lou Menk Drive, Fort Worth, Texas 76131 ("Grantor")and CONTRA COSTA COUNTY("Grantee"),whose address is for purposes of this instrument 2.25 GIacier Drive, Martinez, California 94553, ATTN: Karen Laws, Principal Real Property Agency,have entered into this Easement Agreement. WITNESSETH that for and in consideration of $2,000.00, and the promises of the Grantee hereinafter specified, Grantor does hereby grant unto the Grantee, subject to the terms and conditions hereinafter set forth, a roadway EASEMENT for the purposes of installing, constructing, reconstructing, altering, removing, replacing, repairing, maintaining and using road improvements and associated drainage and traffic safety facilities, and for no other use (hereinafter called the "Permitted Ilse") over, upon and across the portion of Grantor's property shown on Exhibit A attached hereto and incorporated herein and as described on Exhibit B attached hereto and incorporated herein(the"Premises"). RESERVING,however,unto the Grantor,its successors and assigns,the right to use the Premises in any manner not inconsistent with the Permitted Use granted herein,including,but not limited to, the right to construct, place, operate, maintain, alter, repair, replace, renew, improve and remove communication lines above, below and on the surface of the Premises, including, without limitation, transmission by conduit, fiber optics, cable, wire'or other means of electricity, voice data, video, digitized information, or other materials or information, pipelines, utility lines, track and facilities including the right of ingress and egress in any such manner as does not unreasonably interfere with Grantee's use of the Premises for said Permitted Use,and all right and privilege of ingress and egress to said Premises as Grantor, its successors and assigns may require to investigate and remediate environmental contamination and hazards. I The foregoing easement is made subject to and upon the following express conditions and covenants of Grantee: 1. Grantee's rights are subject to existing interests in the above-described Premises to whomsoever belonging and of whatsoever nature and any and all extensions and renewals thereof, including but not limited to underground pipe line or lines, or any type of wire line or lines,if any. 2. No permanent above ground improvement may be constructed on Grantor's property within twenty-five feet of the centerline of any track. Surface improvements within the Premises shall be limited to the installation and maintenance of public roadway and associated drainage and traffic safety facilities,as shown on Exhibit A and Exhibit B. 3. Any and all cuts and fills, excavations or embankments necessary in Grantee's construction, maintenance, or future alteration of said road improvements shall be mole and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and Premises of the Grantor,and wherever any such fill or embankment shall or may obstruct the natural and pre--existing drainage from such lands and Premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary., construct extensions of existing drains, culverts or ditches through or along the Premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters,and ofmaterials and workmanship equally as good as those now existing. 4. The Grantee shall bear the cost of removal,relocation or reconstruction of any and all right of way fences, telephone or telegraph poles, or other facilities, the removal, relocation or reconstruction of which may be made necessary by reason of the use of said Premises by Grantee. 5. All activities performed by Grantee or on Grantee's behalf shall'be in accordance with prudent standards of professional environmental practice and in compliance with all applicable laws. If, as a result of Grantee's activities or use of the Premises, there is contamination of the Premises, Grantee shall perform any necessary remediaton as required by applicable law at Grantee's sole cost and expense. grantee recognizes and assumes all responsibility under applicable laws relating to any contamination of the Premises or groundwater to the extent caused by Grantee's use of the Premises. The parties agree that Grantees discovery of any existing contarnination on the Premises shall not be deemed to be activity of grantee or caused by Grantee except to the extent such existing contamination is aggravated by Grantee's use. grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises that create a risk of harm to persons,property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of grantee's use of the Premises, provided, however, that Grantee's reporting to grantor shall not relieve Grantee of any obligation whatsoever imposed on it by law or this instrument. grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 6. The Grantee or its contractor(s) shall telephone Grantor's Communication Network Control Center at (800) 533-2891 (a 24 hour number) to determine if fiber optic cable is buried anywhere on the Premises; and if so, the Grantee or its contractor(s) will contact the Telecommunications Company(ies) involved, and make arrangements with the 2 Telecommunications Company(ies) for protection of the fiber optic cable prior to beginning any work on the Premises. 7. Grantee shall maintain said road improvements and exerciseits rights to use the Premises as set forth herein in a manner so as not to cause a threat to the safe operation of Grantor"s property. Grantee shall maintain a self-insurance program reasonably acceptable to Grantor and shall provide evidence of such program to Grantor. 8. Grantee or its contractor(s) shall notify Grantor's Division Superintendent at Stockton, California, a minimum of five days prior to Grantee or its contractor(s)entering upon the Premises (except for emergencies which may affect the public health, safety and welfare) or to perform any work within 50 feet of any railroad tracks to enable Grantor to .furnish flagging and such other protective service as might be necessary and Grantee shall reimburse Grantor for the cost thereof; provided, however, Grantee shall not be required to reimburse Grantor for the cost of furnishing flagging when Grantee enters upon the Premises to perform routine maintenance. 9. The Grantor does not warrant its title to said Premises nor undertake to defend the Grantee in the peaceable possession, use or enjoyment thereof; and the grant herein made is subject to all outstanding rights or interest of others, including the tenants and licensees of the Grantor. 10. This easement shall be binding upon and inure to the benefit of the heirs, executors, administrators, assigns and successors of Grantor. Grantee may not assign its rights in and to this instrument or the Premises unless the assignee provides insurance coverage benefiting Grantor reasonably acceptable to Grantor. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging to Grantee for public use and enjoyment for the purposes aforesaid and for no other purpose whatsoever subject to the terms and conditions hereinbefore stated. IN WITNESS WHEREOF, Grantor and Grantee have executed this .Agreement as of the 6th day of January , 200-14. CONTRA COSTA COUNTY THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY r - By f[wv . By: Chair,8oard of Supervisors Name: Title-, Date JAi``NARY 06, 2004 Attest: Name: Title: Approved as to Farm: Silvano B.Marchesi,County Counsel / Date By—1�� ✓ 3 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA) On _- January 06, 2004 personal! appeared be€or m SDA L. SHARP ,Deputy Clerk of the Board of Supervisors,Contra Costa County. M. �� DeSA.iI; is personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)is/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 hisiher/their signature(s)on the instrument,the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seat. 07 By: (Seat) eputy leek — LLO:eh G:\GrpData\RealProp\2003-Files\03-12\Easement Agreement.doe 12/8/03 4 t s rj � yt t7 co °� }+ 03 t� t U) o �+ Cf) l «x ti CD � O e ! s*, y 1 VIA U OAAl c . X cp to n � co l� r U' Christie Road (Road No. 2383) Burlington Northern Santa Fe to C.C.Co. Drawing No. B2383-2403 EXHIBIT "B" PARCEL '1- (Roadway Basement) Real property in an unincorporated area of the County of Contra Costa, State of California,. being a portion of the Rancho EI Pinole, and a portion of the parcel of land described in the deed to The San Francisco and San Joaquin Valley Railway Company (predecessor of the Burlington Northern Santa Fe (B.N.S.F.) Railway Company), recorded May 24, 1898, in Book 78 of Deeds at page 527 described as follows: Commencing at the most northerly korner of that certain 2.78 acre parcel of land described in the deed dated February 15, 1940, to Bernardo Fernandez and recorded in Volume 83 of Deeds at page 368, said 'gorner being distant south 7°44'34" east. (bearings assumed for purposes of this description) 292.44 feet from the centerline of said B.N.S.F. Railway Company's main track as originally constructed at Engineers Station 65- 00; thence along the northerly line of said 2.76 acre parcel, south 72°58'15" west 58.53 feet to the centerline of the 40.44 feet in width easement described in the deed from the Atchison, Topeka and Santa Fe Railway Company (predecessor of the B.N.S.F. Railway Company) to the County of Contra Costa recorded May 25, 1961, in Book 3875 of Official Records at page 62; thence along said centerline, north 60°44'43" west 349.77 feet; thence north 82°48'13" west 329.45 feet; thence north 79027'44"west 272.88 feet; thence leaving said centerline, north 10°33'40" east 20.00 feet to the northerly right of way line of said easement (3875 OR 62), being the Point of Beginning of this description; thence from said Point of Beginning and along said northerly right of way line, north 79°27'00" west 94.24 feet; thence north 68°44'48" west 142.12 feet; thence north 50049'00"west.187.22 feet; thence north 64°2221"west 29.27 feet; thence leaving said right of way line, north 25°37'39" east 4.92 feet',*thence'south 6103723"east 323.45 feet; thence south 65°21'03" east 120.95 feet to the Point of Beginning. Containing an area of 9,263 square feet (0.2126 acre) of land more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: 5s A. Licensed Land Surveyor Contra Costa County Public Works UP.9!30/103 L.S.6571 Date: % I C 3 OF CALF G.\GrpData\Design\SURVEY.S\Legais\,Exhibits2003\RefocatedRoadwayEasement reV l.doc 516103 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: JANUARY 6, 2004 SUBJECT: APPROVE CONTRACT FOR LEGISLATIVE REPRESENTATION ON TRANSPORTATION AND RELATED MATTERS. PROJECT #0676-6P4149 SPECEFIC REQUEST(S)OR RECOMMMATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee to execute a contract with Smith Watts Company in the amount of $50,000 to provide legislative services for the transportation program and related matters for the 2004 legislative session for the period January 1, 2004 -- December 31, 2004. 11. Fiscal impact: There is no impact to the General Fund, 100% funded by local road funds. Continued on Attachment: X SIGNATURE: s OF M5UNT9 RECOMMENDATION OF BOARD COMMIT;iE DROVE �. OTHER SIGNATURES : 5` ACTION OF BOAttD N JANUARY 6, 2004 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS xx UNANIMOUS{ABSENT NONE > I hereby cern that this is a'true and correct co of AYES: NOES: Y fY f�Y ABSENT: ABSTAIN: an action taken and entered on the minutes of the Board of Supervisors on the date shown. J B:lz G:1GrpOata\Admin\Juiie\Legislation120041BO2004 Smith Watts.dcc Orig.Div: Public Works(Admin) ATTESTED: JANUARY 06, 2004 Contact: Julie Sueren(925)313-2342 C'. Public works Accounting JOHN SWEETEN, Clerk of the Board of Supervisors S.Kowaiewski,TE) and County Administrator S.Hoffman,CAO Auditor-Controller S.Goetz,CDD J.Greitzer,CDD Smith Watts Company By , Deputy SUBJECT: Approve Contract for Legislative Representation on Transportation and Related Matters. Project##0676-6P4149 MATE: January 6, 2004 FACE: 2 ill. Reasons for Recommendations and Background: Smith Watts Company has been providing the County with legislative representation in Sacramento on transportation and related matters for several years. They also provide similar services to the Contra Costa Transportation Authority and help to coordinate our legislative activities with those of the Authority. The Public Works Department and Community Development Department conducted a consultant selection process for legislative representation on transportation related matters in the fall of 2002 in accordance with the Board's outreach policy for consultant services. The intent was to use the same consultant for two years to coincide with the legislative process in Sacramento but to do one year contracts to be able to have the scope of work reflect the Board of Supervisors' legislative program. Smith Watts Company was selected to provide legislative services for 2003 and 2004.The 2003 contract expiredDecember 31,2003 and this contract will be in effect from January 1, 2004 through December 31 2004 and the scope reflects the Board's legislative program adopted on December 2, 2003. IV. Consequences of Negative Action: We will not have legislative services in 2004 for our Transportation Program. CONSULTING SERVICES AGREEMENT 1. S2ecial Conditions, These Special Conditions are incorporated below by reference. (a) Public Agency: Contra Costa County (b) Consultant's Name&Address: Smith Watts.&Cerra an 980 Ninth Street Suite 1560 Sacramento, CA 98814 (c) Project Name, Number, & Location: Legislative Affairs Consultation. Project Number 0676-6P4149 (d) Effective Date: January 1, 2004 (e) Payment Limit(s): $50,000 (f) Completion Date(s): December 31, 2004 (g) Federal Taxpayer's I.Q.or Social Security Number: 94-2774302 2. Signatures. These signatures attest the pates'agreement hereto: PUBLIC AGENCY CONSULTANT By: Maurice M. Shiu Public Works Director/ By: % OAA� lik Chief Engineer, or Designee (Designate official capacity in the iness Type of Business: (sole proprietorship, government agency, partnership, corporation, etc.) If Corporation, State of Incorporation: Bye' By: (Designate 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 ) 6_ nA�_ °' ss. County of ) 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) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. Dated: 1 °�/�C�..� . Notary Public (Notary's Seal) AcEN& DONNA VIRNE Roagfl!� Cornmbskm#12679U Notay►PdNt-canwft C Wo m e"Wim1p.m Page 1 of 4 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 perform 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 Consultant,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 term hereof: (a)Workers' Compensation Insurance pursuant to state law;(b)Professional Liability Insurance with minimum coverage of$0 and a maximum deductible of$ 0 ;and (c)Comprehensive General Liability Insurance, including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for owned and non GwR vehicles,with a minimum combined single limit coverage of$500,000 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,Contra Costa County, 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. P moment. 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 paymentiimit(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. Page 2 of 4 i ! 14. Extra Work. 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. 15. ° I th.s. gFeement.After the GGR6ultaRt ha6 Gampleted all work URder this Agreement,submitted final t4444g, i t [� and the , Will Pay Withh8ld fi-IRd-46 1R aGGerdanGe with the F6qUiFeFA8At6 of Givil Gede 89GtiGR 3320 as appliGable. A retentioR will NeR Gall" 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 herebywaives 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 king 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. Page 3 of 4 t 24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing body, officers, employees, representatives, and agents ("lndemn€tees") from any and all demands, losses, claims, costs,suits, liabilities,and expenses for any damage,injury,or death(collectively"Liability')arising directly or indirectly from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsu€tants,or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys'fees and costs, the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the Public Agency, its governing body,officers,or employees. This indemnification clause shall survive the termination or expiration of this Agreement. 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. 5 and Go—A 11 notify Public Agenoy in WFitillg at least thirty(30)days emparable to these of the pemen being Feplaraed. Attachments:Appendix A,Appendix B,and Appendix C Form approved by County Counsel(5/00) G:\GrpData\Admin\juiie\Legislabon\2004\SmithWattsCSA.doc Page 4 of 4 APPENDIX A Work Program This agreement is entered Into as of the date hereinafter specified by and between SMITH, WATTS & COMPANY (hereinafter referred to as SW&CO) and CONTRA COSTA COUNTY (hereinafter referred to as COUNTY). WHEREAS, COUNTY wishes to engage SW&CO to provide professional services for legislative monitoring and advocacy in the areas of growth management, infrastructure finance, transportation finance, public works contracting, planning and zoning, community development and redevelopment, energy restructuring, and associated administrative issues in relation to the State legislative, State executive and regulatory agencies; NOW, THEREFORE, the parties hereto do mutually agree to the following work program, terms and conditions: 1. SW&CO shall provide state legislative monitoring and advocacy in the areas of Infrastructure finance, transportation finance, transportation planning, public works contracting, energy restructuring and associated administrative issues, including, but not limited to, COUNTY's goals as described in Appendix C of this agreement. 2. SW&CO shall continue to work closely to assist COUNTY Public Works Department and Community Development Department in financing and implementing Important transportation projects in Contra Costa County. 3. SW&CO shall continue to work closely with COUNTY Public Works Department and Community Development Department in planning for transportation improvements to communities in the unincorporated areas of Contra Costa County. 4. SW&CO shall continue to assist COUNTY in developing a comprehensive transportation oriented program, including legislative liaison work with other political jurisdictions in the Say Area as appropriate (see also Appendix C, Goal # ). 5. COUNTY designates SW&CO to act as Its representative before State government committees, commissions and persons affecting COUNTY's interests as outlined in items 1 through 4 above. Such representation may include legislative advocacy as directed by COUNTY. 6. SW&CO shall receive day-to-day supervision in this contract from Maurice Shiu, Public Works Director, or his designee. CADocuments and settings\dhunter\Local Settings\7ernporary Internet Files\oLK33\SmithwattsAppendlxA.doc Appendix A— Page 1 7. SW&CO shell provide COUNTY with quarterly progress reports on the implementation of this work program, with particular attention paid to accomplishment of the legislative goals listed in Appendix C. The quarterly reports are to be submitted to Maurice Shiu with a copy to Dennis M. Barry AICD, Community development Director, no later than the following dates March 31, 2004; June 30, 2004; September 30, 2004; and December 31, 2004 (see also Appendix B). 3. SW&CO shall meet with the Board of Supervisors' Transportation, Water and Infrastructure (TWI) Committee at least once each quarter to present the status of their work, answer questions from the Committee, and receive direction on any possible changes in strategy for accomplishing the work program. Dates of these presentations to the TWI Committee will be arranged between SW&CO and COUNTY staff. A quarterly presentation may be skipped if both SW&CO and COUNTY staff agree that circumstances do not warrant a presentation. 9. SW&CO shall perform the aforementioned services in full compliance with all applicable laws, rules and regulations, and shall, in cooperation with COUNTY, file all reports required of SW&CO by applicable law in a timely manner. SW&CO shall furnish all necessary information and assist COUNTY in filing all reports required of COUNTY by applicable law in a timely manner. 10. SW&CO shall advise COUNTY in writing of any instance in which SW&CO perceives a conflict of interest between its work for COUNTY and its work for other clients. SW&CO shall not proceed with work for COUNTY in such instances without the written consent of COUNTY. Written'consent shall come from Maurice M. Shiu, Public Works Director, or his designee. 11. COUNTY shall pay SW&CO the sum of$4,000 per month, plus chargeable expenses, up to a maximum of 30 hours per month, upon receipt of an invoice. Upon prior approval of COUNTY, work performed in any given month in excess of 30 hours shall be reimbursed on an hourly basis by COUNTY at a rate of$150 per hour. Chargeable expenses for the purpose of this agreement shall include reasonable and necessary expenses directly related to the interests of COUNTY and travel outside the Sacramento area, including meals and lodging while engaged in such travel, and shall not include ordinary office overhead. 12. The term of this agreement shall commence January 1, 2004 and expire on December 31, 2004. CADocuments and Settings\dhunter\Local Settings\Ternporary Internet Files\4LK33\SmithWattsAppendixA.doe Appendix A— Page 2 APPENDIX B Payments and Deliverables This contract is effective January 1, 2004 and terminates December 31, 2004. The payment limit on the contract is $50,000 including a flat payment of $4,000 per month (which is not to exceed thirty [30] hours of work per month) plus actual and necessary expenses not to exceed $2,000 per year. Services required in addition to 30 hours per month can be reimbursed at a rate of$150 per hour with prier approval by COUNTY. Said prior approval shall be provided by Maurice M. Shiu, Public Works Director, or his designee. Deliverable products under this contract include: 1. 2004 1 st quarter report (no later than March 31, 2004) 2. 2004 2nd quarter report (no later than June 30, 2004) 3. 2004 Td quarter report (no later than September 30, 2004) 4. 2004 Ott' quarter wrap-up report (no later than December 31, 2004) C:\Documents and Settings\dhunter\Local Settings\Temporary Intemet Files\OLID 33\SmithWattsAppendixB.doe 8 y � APPENDIX C Goals for Transportation Legislation in 2004 Adopted by the Contra Costa County Board of Supervisors, December 2, 2003 Goal Objectives 1. SUPPORT increased Ia)Additional state funding for Caldecott Tunnel 4t'Bore project. transportation funding and 1b State funding assistance for acquisition of the Union Pacific's protection of current Mococo railroad line for use in East County commuter rail service. transportation funding. lc}New funding sources to improve transportation in Contra Costa County, provided the new source doesn't shift any additional funds away from the state's General Fund. ld)Extend existing transportation funding',programs that benefit Contra Costa County. I e)Protect existing sources of transportation funds from reduction or elimination. 2. SUPPORT regional coordination 2a) Improve coordination and delivery of transit and paratransit in addressing transportation needs. service. 1 2b) Coordinated provision of rail services throughout Contra Costa County 2c) Improve coordination between bus and rail services throughout the County. 2d) Coordination between Native Americas tribes and the County in j siting and planning casinos in the County. 3. SUPPORT efforts to expand 3a) Increase funding for school transportation services. school transportation services and 3b) Improve coordination between school districts and local improve coordination between school districts and Local jurisdictions in siting and planning school facilities. • jurisdictions on school siting and 3c)Provide safer access for walking and bicycling to school, planning. including routes to school, crossing guards, and other items. 4. SUPPORT efforts to improve 4a)New and expanded programs that improve safety for bicyclists, safety and facilities for bicyclists, pedestrians and wheelchair users (including awareness and education pedestrians, and others. programs as well as infrastructure improvements for safety) 5. SUPPORT efforts to advance 5a)Multi-agency participation in creating the Brentwood-Tracy inter-regional corridor Expressway(also known as State Route 239)with San Joaquin and improvements. Alameda Counties, local agencies, Caltrans District 4, Caltrans # District 10, and Caltrans headquarters. 5b)State funding and planning assistance with.the Brentwood-Tracy Expressway(SR 239)project. I 5c)Funding for cooperative efforts with Alameda County to improve safety and operations an Vasco Road and ultimately widen Vasco Road to four lanes. 5d)State assumption of maintenance and operations for Vasco Road as State Route 84. CADocuments and Settings\dhunter\Loca3 Settings\Temporary Internet Files\aLK33\SmithWattsAppendixC.doe 6. SUPPORT funding or incentives 6a)State grant programs,tax credits for manufacturers, state purchasing for the use of renewable resources programs,or other incentives for local jurisdictions to use recycled in transportation construction materials such as the rubberized asphalt(made from recycled tires)that projects. the County has used as paving material on San Pablo Ilam.Road and Pacheco Boulevard. 7. SUPPORT streamlining the 7a)Reduce the time and paperwork needed to bring a transportation delivery of transportation projects. project through planning, engineering and design, environmental review, funding applications, and construction. 7b) Streamlining the CEQA environmental review process. 7c) Streamlining state permitting requirements that relate to transportation. 8. SUPPORT efforts to better link ' 8a)Financial or regulatory incentives for local jurisdictions to transportation planning and land incorporate transit-oriented development it their General Plans use planning. (particularly for areas expected to become rail station sites). 8b)Assistance for local jurisdictions to implement existing,plans for transit-oriented development. 8c)Financial or regulatory incentives for jurisdictions to increase the development of affordable housing 8d)Incentives for housing and transportation improvements provided at or near state-owned facilities such as courts,schools,jails and state offices. 9.SUPPORT efforts to reduce the 9a)Reduce the required threshold to less than the current two-thirds voter majority threshold needed to requirement for passing a transportation sales-tax measure pass transportation sales-tax measures 10. SUPPORT efforts to facilitate 10a) Limit or eliminate public liability for installing traffic-calming traffic-calming measures in devices residential neighborhoods 10b) Seek State standards for traffic calming devices such as speed humps for use in County roads.* * This addition to Goal 10 was approved by the Board of Supervisors on December 16, 2003 C:1Documents and Settingsldhunter\Local Settings\Temporary Internet Files10LK331SmithwattsAppendixC.doe TO: Board Of Supervisors FROM: Maurice M. Shiu, Public Works Director DATE: January 6, 2004 SUBJECT: Authorize the Public Works Director, or designee to execute a consulting services agreement amendment with TRS Consultants, Inc. for subdivision inspection, permit inspection, and other field support, San Ramon area, (District 111) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: AUTHORIZE the Public Works Director, or designee to execute a consulting services agreement amendment effective October 1, 2003 with TRS Consultants, Inc.,for subdivision inspection, permit inspection, and other field support. 11. Fiscal lmpact: There will be no impact on the County General Fund. The consulting services agreement amendment limit increase is $200,000 for a new total of $550,000 and shall be paid for by Developer Fees (100%). Continued on attachment: X yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER «� SIGNATURE (S): `" t ACTION OF BOA ON: s APPROVED AS RECOMMENDED xx OTHER .f°f VOTE OF SUPERVISORS I hereby certify that this is a true and correct co of an xx UNANIMOUS (ABSENTNONE } Y Y PY 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: 3AN{7ARY 06, '2004 Orig.Div.: Pw(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Auditor-Controller E.Kuevor,CAO County Administrator P.Edwards,Construction Accounting Consultant By Deputy MC:tb 0:IGRPDATAICONST ZO=041CSA-TRS-SURINSPAMEND 1.DCC SUBJECT: Authorize the Public Works Director to approve a consulting services agreement amendment with TRS Consultants, Inc. DATE: JANUARY 6, 2004 PAGE: 2 of 2 III. Reasons for Recommendations and Background: Due to the overwhelming amount of development in the Dougherty Valley area, it is necessary to offer further assistance to our field inspectors. It is anticipated the development work will continue well into the winter months, which will require this additional assistance. IV. Consequences of Negative Action: If the consultant services agreement amendment with TRS Consultants, Inc., is not approved, it may not be possible to complete inspections. AMENDMENT NO. 1 CONSULTING SERVICES AGREEMENT PROJECT NAME: Subdivision Inspection 1. Parties: Effective on October 1, 2003, the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "Public Agency," and TRS Consultants, Inc., hereinafter referred to as "Consultant," mutually agree and promise as follows: 2. Purpose: The parties desire to amend the agreement they entered into effective March 1, 2003, entitled "Consulting Services Agreement," hereinafter referred to as the"Agreement." The Agreement is for providing subdivision inspection services, permit inspection, and other field support associated with development work in the County. This Amendment provides for an increased pay limit due to the continued assistance required for subdivision inspection, permit inspection, and other 5eld support, and increases the payment limit $200,000 for a new total of $550,000. 3. Amendment(s) to Agreement: A. The Payment Limit, Item 1(e)of the existing Consulting Services Agreement is amended to now read $550,000. 4. Remaining Provisions: Except for the changes made by this Amendment, all provisions of the Agreement shall remain in full force and effect. 5. Signatures: These signatures attest the parties` agreement to this Amendment. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: JANUARY 6, 2004 SUBJECT: Approve Project Contingency Fund Increase for the Pleasant Hill Road Overlay Project, Project No. 4660-6X4156-03, Pleasant Hill area. District IV Specific Request(s)or Recommondation(s)&Sackground&Justification I. Recommended Action: APPROVE project contingency fund increase of$3,400.00 for a new total of$76,837.00 effective January 6, 2004 in order to compensate the contractor, MCK Services, Inc., for extra work due to unforeseen conditions. 11. Financial lmpact: The project contingency funds are currently insufficient to cover the increased cost.The increase in contingency funds will be funded by 50% Measure C Funds and r-110%1- Ci. of Pleasant Hill Funds. Continued on attachment: X yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: ACTION OF BOA . N: APPROVED AS RECOMMENDED xx OTHER' VOTE OF SUPERVISORS NE xx UNANIMOUS (ABSENT ) AYES: NOES: I hereby certify that this is a true and correct copy of an ABSENT: ABSTAIN: action taken and entered on the minutes of the Board of Supervisors on the date shown. Contact: Mike Carlson,(925)373-2320 Orig.Div.: PW(Construction) ATTESTED: JANuARY 06, 2004 cc: County Administrator Auditor-Controller JOHN SWEETEN Clerk of the Board of Supervisors and Public Warks County Administrator - Accounting - Construction,P.Edwards . Design Transportation Engineering By ---.--- �, , Deputy Contractor PE G:1GRPOATAlCONSTt30\2003%APPROVECONTINGENCYPLE"ANT HILL RD OVERLAY2.00C SUBJECT: Approval of contract contingency fund increase for the Pleasant Hill Road Overby Project. Project No. 4660-6X4156-03, Pleasant Hill area, District IV DATE: JANUARY 6, 2004 PACE 2OF2 111. Reasons for Recommendations and Back-ground: Additional funding is needed to pay the contractor for increases in contact work. The additional work entailed placing a thicker mat of rubberized asphalt concrete. The additional rubberized asphalt concrete was necessary as the existing structural section was in worse shape than anticipated. IV. Conseauences of Ne afa tive Action: The lack of approval would prevent successful completion of this contract and preclude payment to the contractor for required work.