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TO: BOARD OF SUPERVISORS s-- L = Contra
FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR nil mux -,' `z Costa
DATE: January 20, 2009 1 -"= �o�
County
SUBJECT: APPROVE an Encroachment Permit issued by East Bay Regional Park District (EBRPD) required for
the construction of the Delta DeAnza Trail Gap Closure Project, Bay Point Area. (State
Transportation Improvement Program 86%, Local Gas Tax 14%) (District V)
Co. Project No.: 0662-6R4001-08; Federal Project No.: RPSTPLE 5928 (074)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee,to execute Encroachment Permit issued by
East Bay Regional Park District (EBRPD) required for the construction of the Delta DeAnza Trail Gap Closure
Project.
CONTINUED ON ATTACHMENT: p SIGNATURE:
RECOMMENDA TION OF COUNTYADMINISTRA TOR RECOMMENDATION OF BOA C t IMI E
APPROVE OTHER
SIGNATURE(S): '-^ p
ACTION OF BOARD ON �jA //APPROVED AS RECOMM DED V4 OTHER
VOTE OF SUPERVISORS.' I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
/ COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: A13STAIN:
Contact:Mike Hollingsworth(313-2231)
MH:me
G:\Dcsign\BOARD ORDERS\2009\Delta DeAiva EBRPD permit 1-20-09.doc A
ATTESTED / �♦ �-^� 7
DAZ TWA,CLERK&THE BOARD OF SUPERVISORS
cc: County Administrator
Auditor-Controller
P.W.Accounting
P.W.Design-1.Chen
BY: ,DEPUTY
SUBJECT: APPROVE an Encroachment Permit issued by East Bay Regional Park District (EBRPD)
required for the construction of the Delta DeAnza Trail Gap Closure Project, Bay Point Area.
(State Transportation Improvement Program 86%, Local Gas Tax 14%) (District V)
DATE: January 20, 2009
PAGE: 2 of 2
FISCAL IMPACT:
There will be no impact to County General Fund. The estimated project cost is $372,000 funded by State
Transportation Improvement Program (Federal Funds) $311,000, and Local Gas Tax funds $61,000.
BACKGROUND AND REASONS FOR RECOMMENDATIONS:
The purpose of this project is to install pedestrian signals and crosswalk across Bailey Road where Delta DeAnza
intersects Bailey Road. The portion of the trail on the west side of Bailey Road in East Bay Municipal Utility
District Mokelumne Aqueduct right of way is maintained by EBRPD. The project will require modifying a part of
EBRPD-maintained trail, therefore the need for this permit. Furthermore as a requirement to receive the Federal
Funds, the County must obtain this permit in its name and not delegate this solely to our project contractor.
The encroachment permit provided by the EBRPD requires the County to indemnify EBRPD"from and against any
and all claims, losses, damages . . . arising out of or in any way related to activity conducted by . . . Permittee . . .
including. . . Permittee's . . . use. . . and/or removal of the property. . . regardless of how the injury or damage was
caused or suffered . . . "
This indemnification provision could be construed to include an indemnification of claims resulting from pre-
existing hazardous material or environmental conditions. While it would be preferable to revise the provision to
eliminate the County's liability for pre-existing hazardous substances, it is staff's opinion that the possibility of
encountering hazardous substances at this location is remote. For this reason, and because of the limited time
available to obtain the permit before the Federal Funding deadline of February 1, 2009, we are recommending the
permit be approved in its present form.
CONSEQUENCES OF NEGATIVE ACTION:
Without this permit, the project cannot be constructed.