HomeMy WebLinkAboutMINUTES - 04151997 - C1-C6 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: April 15, 1997
SUBJECT: Approve Plans and Specifications and Advertise for bids for the Oakley Sidewalk
Improvements Project.
Project No. 0662-6R4135, CP # 96-49
Specific Request(s) or Recommendation(s) & Background & Justification
I. RECOMMENDED ACTION:
APPROVE the Plans and Specifications for the Project and
ADVERTISE for bids to be received on Tuesday, May 20, 1997, at 2:00 p.m.
DIRECT the Clerk of the Board to publish the Notice to Contractors in accordance with Section
22037 of the Public Contract Code.
It. FINANCIAL IMPACT:
The estimated contract cost of the project is $185,000, funded by Redevelopment Agency (90%)
Road Funds (10 %).
III. REASONS FOR RECOMMENDATION/BACKGROUND:
The project is needed to complete the sidewalk network in this area and to provide an accessible
path of travel to individuals with disabilities.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 9`17 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
_✓ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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1 mob,srtNry Met tMa Is a Ii and Conal eE�d
Ong.Div: Public Works(Design Division) en eClbn
taken and encored on me mMu1N p1 yy
Contact: Teri Rie(313-2255) Boatel of Supervtsore on the date shown.
cc: County Administrator ATiE87ED i.5 49'h
7
Atm E. Kuevor PHIL BAFOHEIOR,C-.ark ofd the hoard
Auditor-Controller q Bupen'bon and Co"AdmNlebap
PW Accounting 7'
Construction M
Community Development
Approve Plans and Specifications and Advertise for bids for the Oakley Sidewalk Improvements Project
April 15, 1997
Page 2
The Public Works Director has filed with the Board of Supervisors the Plans and Specifications
for the project.
The general prevailing rates of wages, which shall be the minimum rates paid on this project, have
been filed with the Clerk of the Board and copies will be made available to any interested party
upon request.
The Board reviewed and approved the project on August 13, 1996 and determined the project to
be exempt from the California Environmental Quality Act as a Class 1 c Categorical Exemption.
A Notice of Exemption was filed with the County Clerk on August 13, 1996.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If the project is not approved for advertising, it will not be constructed.
CZ
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: April 15, 1997
SUBJECT: Authorize the Public Works Director to submit an application to the Public Utilities
Commission for the relocation of one at-grade railroad crossing of the Atchison, Topeka
and Santa Fe Railway from Oakley Road to Rose Avenue (Oakley area).
SPECIFIC REQUESTS) OR RECOMMENDATIONS) A BACKGROUND AND JUSTIFICATION
I. Recommended Action:
AUTHORIZE the Public Works Director to submit an application to the Public Utilities Commission
for the relocation of one at-grade railroad crossing of the Atchison, Topeka and Santa Fe Railway
from Oakley Road to Rose Avenue in the Oakley area.
II. Financial Impact:
The purpose of the application is to request the addition of the Rose Avenue Railroad Crossing
project to the list of projects eligible for federal funding. Projects meeting certain criteria are
eligible for 90% federal funding for specific improvements. The remaining 10°x6 funding and the
funding necessary for all other proposed improvements related to the project will be funded by
the Ironhouse Sanitary District, Diablo Water District, East Bay Regional Park District, and the
Contra Costa Water District. A formal agreement will be drafted to specify the financial obligation
of each agency.
There is no impact to the General Fund.
III. Reasons for Recommendations and Background:
Several at grade crossings exist along the section of railroad between Vintage Parkway and the
Contra Costa Canal in the Oakley area. There is one public crossing at Oakley Road, one private
crossing at Rose Avenue, and one private crossing adjacent to the W, tra Costa Canal. Several
agencies which currently use these crossings have requesteo t County submit an
Continued on Attachment: X SIGNATURE: (/1 �,kA
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
—APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON B'1 -IS- 1997 APPROVED AS RECOMMENDED_OTHER_
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN:
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Orifi. Div: Public Works(TE) 80"'d ms4Ponne"*w.me a3;,t3 shcomaraM al"er
Contact: Steve Kowalewski (313-2318) artESTEo:IL- yST
PHHA NEL_q,C:z.4 t me Oou.
cc: Auditor/Controller W Su{rerv;awc untl Cuunty R;y,MnlBtrappl
CAO - \)
M. Shlu (via PW) e+
R. Gilchrist, PW Acct.
M. Haefke,Ironhouse Sanitary Dist.
CZ
Authorize the Public Works Director to submit an application to the Public Utilities
Commission for the relocation of one at-grade railroad crossing of the Atchison, Topeka
and Santa Fe Railway from Oakley Road to Rose Avenue.
April 15, 1997
Page 2
III. Reasons for Recommendations and Background: (Continued)
application for federal assistance on their behalf to relocate or close the above crossings. The
participating list of agencies include the Diablo Water District, East Bay Regional Park District,
Ironhouse Sanitary District, and Contra Costa Water District. The Public Utilities Commission
requires that the public agency having jurisdiction submit the application for relocation of the
public crossing. Therefore, on behalf of these agencies, the County will submit an application
proposing to relocate the public crossing at Oakley Road to Rose Avenue, close the private
crossing at Rose Avenue, and restrict access to the private crossing adjacent to the Contra Costa
Canal.
The proposed railroad crossing relocation is necessary to eliminate three unsignalized crossings
with one signalized crossing. The proposed project will provide a safe crossing for trucks
delivering hazardous materials to the various agencies located north of the railroad tracks, and
for groups of school children sometimes brought in by school bus for naturalist-accompanied
walks on the Park's District shoreline property and the Sanitary District's lands abutting the
waterfront.
IV. Consequences of Negative Action:
If the Board Order is not approved, a potential funding source to construct the project will be lost.
The project may not be constructed if a funding source is not secured.
C. 3
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: April 15, 1997
SUBJECT: Consulting Services Agreement for Miscellaneous Geotechnical Investigations
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to execute, on behalf of Contra Costa
County, the Contra Costa County Flood Control and Water Conservation District and the Contra
Costa County Redevelopment Agency, Consulting Services Agreements with Hultgren
Geotechnical Engineers and AGS, Inc. for geotechnical investigation services in connection with
various County, District and Agency projects.
II. Financial Impact:
Varies with services rendered in assigned projects. Payments under these agreements are
limited to a total of $25,000 each.
III. Reasons for Recommendations and Background:
The Public Works Department is involved in various projects in the County which require
geotechnical investigation for the County, Flood Control District and Redevelopment Agency. The
Public Works Department recommends that the services of Hultgren Geotechnical Engineers and
AGS, Inc. be used on an as-needed basis for these projects. y
These consulting service agreements will be in effect for a one year period from April 15, 1997
to April 15, 1998.
IV. Consequences of Negative Action:
Negative action will result in the delay in completing design of projects requiring geotechnical
information.
Continued on Attachment:_ SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON dy -is- / 777 APPROVED AS RECOMMENDED OTHER
VOyE OF SUPERVISORS
UNANIMOUS (ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN:
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an aoeon taken and entered on the minulaa a1 M
Orig. Div: Public Works (Design Division) Bard of Supervla on the data Ocwn.
Contact: Joe Yee, (313-2323) ATTESTED:Q " _- 5T9q�
PHIL OP1CHELOR,C;zrk'I me board
cc: County Administrator W SuperVISM and County Administrator
Auditor-Controller _ )
PW Accounting y
Redevelopment Agency
C-4
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: APRIL 15, 1997
SUBJECT: LICENSE AGREEMENT FOR THE YGNACIO VALLEY OVERCROSSING
WALNUT CREEK AREA
Project No.: W.O. 5575 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE License Agreement with the City of Walnut Creek and AUTHORIZE the Board Chair to
execute said agreement on behalf of the County
11. Financial Impact:
None
r
Continued on Attachment: X SIGNATURE: C
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
_.APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON t7t f r 19`1 7 APPROVED AS RECOMMENDED OTHER
V07E OF SUPERVISORS
T
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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Ong. ( } Gab of supenrtsoq on ma data stwr�.
Contact: Nancy Wenninger(313-2227 ��
cc: County Administrator PmE—S TCHEtOR,Cie o+the board
of su6wruon and "ninloftw
P.W.Accounting
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License Agreement Ygnacio Valley Overcrossing
April 15, 1997
Page Two
III. Reasons for Recommendations and Background:
By License effective October 14, 1986, the County and the East Bay Regional Park District
agreed on terms and conditions by which the Park District could construct, maintain and operate
a public trail for pedestrians and bicyclists within the former Southern Pacific railroad right of way.
To date, nearly every segment of the Iron Horse Trail from Highway 4 to the Alameda County line
has been constructed and is being heavily used. In busy central Walnut Creek, trail users must
detour approximately 100 yards from the Trail to cross at the signalized intersection of Ygnacio
Valley Road and Civic Drive, then travel back 100 yards to return to the trail. Some people are
jaywalking to avoid the extra distance. In order to convey trail users safely across Ygnacio Valley
Boulevard, the City of Walnut Creek has designed a pedestrian bridge to span the roadway. This
License Agreement will permit the City to construct and maintain the bridge on the County's
property.
IV. Consequences of Negative Action:
The City will be unable to construct the bridge to complete a vital link in the Iron Horse Trail and
alleviate a dangerous situation for trail users.
-15
License Agreement
(Not to be Recorded)
YGNACiO VALLEY OVERCROSSING
THIS AGREEMENT is made and entered into this 'At day of_ ' 19 9T by and
between the CONTRA COSTA COUNTY, political subdivision of the State of California, hereinafter
called "COUNTY," and the CITY OF WALNUT CREEK, a municipal corporation, hereinafter called
"'CITY."'
WITNESSETH:
COUNTY owns and possesses fee title interest in certain real property known as the former Southern
Pacific Right of Way in the City of Walnut Creek. COUNTY, for a good and valuable consideration
but no further fee or charge, and in further consideration of the faithful performance and observance
by CITY of all of the terms and conditions herein contained, does hereby grant to CITY a license for
the construction, reconstruction, maintenance, removal and use of a bridge on a portion of said
property for the passage of pedestrians and bicycles only, together with the necessary appurtenances
thereto, hereinafter referred to as "the Bridge."
THE LICENSE above mentioned is granted by COUNTY and accepted by CITY upon the following
terms and conditions and CITY does hereby agree with COUNTY as follows:
1_ Definitions. As used in this License, "the Property" shall refer to that portion of the former
Southern Pacific Right of Way located adjacent to Ygnacio Valley Road in the City of Walnut
Creek, as shown on the map attached hereto as Exhibit "A."
As used in this License, "the Bridge" shall refer to the bridge structure, asphalt paths, shoulder,
signs, drainage facilities, and barrier fencing or walls, as shown on Exhibit "A" attached hereto
and incorporated herein by reference, which have been inspected by and received the
approvals from COUNTY, described in Section 10 of this License.
2. Title of County. CITY hereby acknowledges the title of COUNTY in and to the Property and
agrees never to assail or to resist said title. CITY agrees that it will not hereafter acquire any
rights or interest in the property, nor does CITY have nor will it obtain any right or claim to the
use of the Property beyond those specifically granted in this License. The installation or
construction of any equipment, structures or fixtures by CITY pursuant to this License,
including but not limited to the Bridge, shall not be construed to effect a conveyance of any
property right to CITY.
3. Term. Unless suspended, revoked or partially revoked as hereinafter set forth, this License
to construct, operate and maintain the Trail shall terminate twenty-five (25) years from the date
hereof. By mutual written consent of the parties hereto, it may be extended for an additional
twenty-five (25) year term. The term of this License shall commence upon execution of the
License by both parties. Except as otherwise provided in Section 6 of this License, upon the
expiration, revocation or termination of this License or any extension or renewal thereof, all
improvements on the property, including but not limited to the Bridge, shall become the
property of the COUNTY.
Page 1 of 7
4. Primary Use of Property. The Property consists of a corridor which Licensor is in the process
of developing for transportation, utility and other purposes. Underground utility facilities are
already in place and it is anticipated that, in the future, a mass transportation system and
additional utility facilities will be constructed or installed on the Property. Any and all rights
granted or implied by this License shall be subordinated to the uses just mentioned, as well as
to other uses of the Property made or permitted by COUNTY.
CITY acknowledges that the uses just described constitute the primary uses of the Property
and that CITY's use of the Property pursuant to this License is secondary and subordinate to
said primary use. CITY shall not, at any time, use or permit the public to use the Property in
any manner that will materially interfere with or impair said primary use of the Property. All
rights granted to CITY hereunder are subject to all existing and future rights, rights of way,
reservations, franchises, and licenses in the Property, regardless of who holds the same,
including COUNTY s right to use the Property for emergency or maintenance vehicle access
or any other purpose.
5. Suspension or Limitation of Use or Damage to Facilities. COUNTY and its permittees
shall have the right to suspend or to limit the use of the Property by CITY and the general
public for a reasonable amount of time for protection of public safety, or for the construction,
installation, operation, maintenance or repair of other facilities on the Property. Should such
suspension or limitation be necessary, COUNTY shall provide CITY fifteen (15) days' prior
notice in writing, except in cases of emergency maintenance or repairs.
Except as provided in Section 14 hereof, if the Bridge, or any portion thereof, is damaged or
destroyed by the sole active negligence or sole willful misconduct of COUNTY, COUNTY shall
repair the damage at its sole cost and expense or, at the discretion of and upon written notice
from COUNTY, the damage shall be repaired by CITY and the reasonable cost of such repair
shall be paid for by COUNTY. Under no circumstances shall COUNTY have any liability to
CITY or to any other person or entity for consequential or special damages or for any damages
based on loss of use, revenue, profits or business opportunities arising from or in any way
relating to any damage or the destruction of any portion of the Bridge. CITY hereby
acknowledges that its sole remedy for any damage to or destruction of any portion of the
Bridge, to the extent that COUNTY is otherwise so liable under this License, is to require
COUNTY to repair or replace the damaged or destroyed portion of the Bridge or, at COUNTY's
option, to reimburse CITY for CITY's reasonable costs and expenses in repairing or replacing
the damaged or destroyed portion. CITY shall repair damage to or destruction of any portion
of the Bridge resulting from all other causes at no cost to COUNTY.
6. Revocation. In the event, in the sole discretion of COUNTY, the primary use of the Property
by COUNTY or COUNTY's permittees reasonably requires some permanent use of all or a
portion or portions of the Property which, by nature thereof, precludes CITY's use thereof,
COUNTY may, upon ninety days' prior notice, revoke this License. Upon revocation or
termination, COUNTY shall have the right to retain the Bridge or, at COUNTY's discretion, to
remove all or such portions of the Bridge or Bridge appurtenances as COUNTY may demand.
In addition, CITY shall restore said real Property to as near original condition as possible if
requested by COUNTY to do so. If CITY fails to remove said improvements within ninety (90)
days after receipt of written notice from COUNTY to do so, said improvements may be
removed by COUNTY at the CITY's expense which expense CITY agrees to pay COUNTY
promptly upon demand.
Page 2 of 7
c �
7. Maintenance and Litter. CITY shall maintain the Property in a clean, safe and presentable
condition, free from waste, litter and other items incidental to Trail use and left by parties other
than COUNTY and its permittees. As used in this section, the term "litter' shall include, but not
be limited to, paper, garbage, refuse, dead animals, trimmings, and other items that detract
from the neat and tidy appearance of the Property. If CITY fails so to keep the Property then,
after thirty (30) days' prior written notice specifying the needed work, COUNTY may perform
or hire the necessary work at the reasonable expense of CITY, which expense CITY agrees
to pay to COUNTY upon demand.
COUNTY agrees to maintain, at its expense, all drainage and cross culverts not part of the
Bridge. CITY shall maintain at its sole expense the Bridge and appurtenant improvements,
drainage facilities necessary for the Bridge, and all fencing and barricades installed by CITY
at its sole expense. CITY shall promptly repair all damage to the Bridge and to the Property
caused or contributed to by users of the Bridge. CITY shall also promptly clean, repaint, or
remove any graffiti placed on the Bridge.
8. Indemnification. CITY shall indemnify, save, protect, defend, and hold harmless COUNTY,
its boards, officers, and employees from and against any and all loss, liability, expense, claims,
costs, suits, and damages, including attorney's fees, arising out of or connected with CITY's
operations and performance, and the presence or public use of the Property, under the terms
of this License, save and except claims or litigation arising from the sole negligence or sole
willful misconduct of COUNTY or its officers or employees.
9. Insurance Requirements. CITY shall take out and maintain during the life of this License all
the insurance required by this section and shall submit certificates for review and approval by
COUNTY. No construction on or use of the Property shall commence until such insurance has
been approved by COUNTY. The certificates shall be on forms provided by COUNTY or the
insurance carrier. Acceptance of the certificates shall not relieve CITY of any of the insurance
requirements, nor decrease the liability of CITY. COUNTY reserves the right to require CITY
to provide insurance policies for review by COUNTY.
(a) Worker's Compensation Insurance. CITY shall take out and maintain Worker's
Compensation and Employer's Liability Insurance for all of its employees on the Bridge.
CITY shall require any subcontractor to provide it with evidence of Worker's Compen-
sation and Employer's Liability Insurance, all in strict compliance with California State
laws.
(b) Public Liability Insurance. CITY shall take out and maintain Comprehensive Automobile
and General Liability Insurance that provides protection from claims which may arise
from operations or performance under this License. CITY shall require any subcontrac-
tor to provide evidence of the same liability insurance coverages. The amounts of
insurance shall be not less than the following: Single Limit Coverage applying to Bodily
and Personal Injury Liability and Property Damage: $1,000,000 per occurrence.
(c) Endorsements. The following endorsements must be indicated on the certificate:
Page 3 of 7
(1) Contra Costa County, its board, officers, agents and employees are additional
insureds under the policy as to the work and operations being performed under
this License;
(2) The coverage is primary and no other insurance carried by COUNTY will be
called upon to contribute to a loss under this coverage;
(3) The policy covers blanket contractual liability;
(4) The policy limits of liability are provided on an occurrence basis;
(5) The policy covers broad form property damage liability;
(6) The policy covers personal injury as well as bodily injury liability;
(7) The policy covers explosion, collapse and underground hazards;
(8) The policy covers products and completed operations;
(9) The policy covers use of non-owned automobiles;
(10) The coverage shall not be canceled nor materially altered unless thirty (30) days
written notice is given to COUNTY.
(d) Failure of Coverage. Failure, inability, or refusal of CITY to take out and maintain during
the entire term of this License any and all of the insurance as aforesaid shall at the
option of COUNTY constitute a breach of this License and justify immediate termination
of the same.
(e) Self Insurance. CITY has the right and option to self-insure the requirements under this
Section upon written notice to COUNTY that CITY assumes the obligations in the place
and stead of any insurance carrier, any reference to failure of coverage notwithstanding.
In the event that CITY elects to self-insure, CITY shall provide to COUNTY a certificate
or other evidence of self-insurance acceptable to COUNTY.
10. Approval and Inspection of Work. CITY shall not perform any construction, reconstruction,
remodeling, repair, removal, or other work within the Property without first obtaining COUNTY's
approval in writing of said work. In seeking COUNTY's approval, CITY shall furnish to
COUNTY a complete description and sketch of the work proposed to be performed. In
performing work approved by COUNTY, CITY shall comply with all terms, conditions, and
requirements imposed by COUNTY and not deviate in any material manner from the
description and sketch approved by COUNTY, without first obtaining additional approval in
writing from COUNTY.
Notwithstanding the foregoing, CITY shall not be required to obtain COUNTY's prior written
approval for the performance of routine maintenance or emergency repairs. As used in this
section, the term "routine maintenance" refers to work that does not alter the original condition
of improvements previously approved in writing by COUNTY, which work is required to prevent
deterioration of said improvements. As used in this section, the term "emergency repairs"
Page 4 of 7
refers to repairs that do not alter the original condition of improvements previously approved
in writing by COUNTY, which repairs are necessary to protect the safety of the public and
others. Except in the case of emergency or routine maintenance, CITY shall consult COUNTY
at least seven (7) days before any major maintenance operations are performed by CITY.
Work shall be done in such a manner that COUNTY shall at all times be able to use and gain
access to its facilities.
All work performed by CITY under this section shall be subject to inspection by COUNTY.
11. Assignment. No rights of CITY hereunder shall be transferred or assigned unless the written
consent of COUNTY is first secured. With that exception, this License and each and all of the
covenants herein contained shall inure to the benefit of and be binding upon the successors
and assigns of the respective parties hereto.
12. Abandonment by City. If CITY shall, for a period of at least 120 consecutive days, fail to use
or maintain the Bridge, then all rights of CITY in and to such portions not used or maintained
shall immediately terminate, at COUNTY s sole discretion.
13. Restricted Use. The rights granted hereunder are for pedestrian and bicycle use only, except
for motor-driven vehicles being used for construction, maintenance or repair. CITY shall install
such barricades as are necessary to prevent unauthorized access by motor-driven vehicles
and shall post signs at access points that such vehicles are prohibited.
14. Assumption of Risk and Release. CITY accepts this License with the full understanding that
the Property is subject to sliding, erosion, subsidence and flooding. CITY agrees that
COUNTY shall have no obligation to maintain the Property or repair any damage resulting from
the condition of the Property, including but not limited to damage to the Bridge. COUNTY
makes no warranty, express or implied as to any matter, including but not limited to the
condition of the water, subsurface strata, ambient air, the soil, the geology of the soil, the
condition of any improvements on the Property, the presence of known or unknown faults or
any substance or material in, on, under, at or in the vicinity of the Property, or the suitability of
the Property for the construction and use of the Bridge thereon contemplated by this License.
CITY assumes all risks associated with the condition of the Property and expressly releases
COUNTY from any and all damage or injury caused by or resulting from the condition of the
Property. CITY further agrees that CITY shall never claim, have or assert any right or action
against COUNTY for any loss, damage or other matter arising out of or resulting from any
condition of the Property at the commencement, during the term, or following the termination
of this License. In the event that damage to the Bridge results in whole or in part from any
condition of the Property, CITY shall repair such damage and shall perform such maintenance
or repair as CITY may deem necessary for the proper and safe operation of the Bridge.
15. Pollution. CITY, at its expense, shall comply with all applicable laws, regulations, rules, and
others, with respect to the use of the Property, regardless of when they become or became
effective, including, without limitation, those relating to health, safety, noise, environmental
protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such
compliance upon request of COUNTY.
No hazardous materials shall be handled by CITY at any time upon the Property. Should any
discharge, leakage, spillage, emission or pollution of any type occur upon or from the Property
Page 5 of 7
caused by CITY's employees, contractors and agents, CITY, at its expense, shall be obligated
to clean all the property affected thereby, whether owned or controlled by COUNTY or any third
person, to the satisfaction of COUNTY (insofar as the property owned or controlled by
COUNTY is concerned) and any governmental body having jurisdiction thereover.
To the extent permitted by law, CITY shall indemnify, hold harmless, and defend COUNTY and
such holders of user rights against all liability, cost, and expense (including, without limitation,
any fines, penalties, judgments, litigation costs, and attorneys' fees) incurred by COUNTY and
such other users as a result of CITY's breach of this section or as a result of any such
discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or
expense is proximately caused solely by the active negligence of COUNTY.
CITY shall pay all amounts due COUNTY under this section within ten (10) days after any such
amounts become due.
16. Encroachment Permits. COUNTY shall have the sole right to grant encroachment permits
or rights of entry within the Property. Notification of encroachment permits granted and plans
approved by COUNTY will be forwarded to CITY. COUNTY shall consult with CITY on safety
requirements for future utilities and if CITY has not responded within 15 working days, then it
is presumed CITY is in concurrence.
CITY shall obtain permits from all other agencies as required for construction of the Bridge.
17. Modification. This License shall be subject to modification or amendment only by the written,
mutual consent of both parties.
18. Notices. All notices, requests, and communications required or permitted hereunder shall be
in writing and shall be sufficiently deemed to have been given and received upon personal
delivery by messenger one business day following delivery by overnight courier or telecopier
(provided that a transmission report is generated which reflects accurate transmission of the
notice and a copy of the notice is mailed on the same day as the telecopy transmission) or, if
mailed upon the first to occur of actual receipt or three (3) business days after being placed in
the United States mail, postage prepaid, registered or certified mail, with return receipt
requested, addressed to the above parties as follows:
If to the COUNTY:
CONTRA COSTA COUNTY
Attn: Real Property Division
255 Glacier Drive
Martinez, CA 94553
Telephone: (510) 313-2220
Facsimile: (510) 313-2333
If to the CITY:
CITY OF WALNUT CREEK
Attn: Community Development Director
P.O. Box 8039
1666 North Main Street
Walnut Creek, CA 94596
Telephone: (510) 943-5834
Facsimile: (510) 256-3500
Paae 6 of 7
19. Entire Agreement.
It is understood that this document contains the entire agreement between the parties hereto
and all prior understandings or agreements, oral or written, of whatsoever nature regarding the
rights hereby granted are superseded by this License and are hereby abrogated and nullified.
IN WITNESS WHEREOF, the parties hereto have executed this License, in duplicate, the day and
year first above written.
Contra Costa County City of Walnut Creek
By V BY
Chair, Board of Supervisors Mayor, City of Walnut Creek
Attest: af'�'k 15) )9 9 7 Attest:
Phil Batchelor
Clerk of the Board of Supervisors City Clerk
and`C County Administrator n
By ,JL( 'A Q� �� bQ 0 �— BY YG
Approved as to form: Approved as to form:
Victor J. Westman
County Counsel City Attorney
By_ :LLB- on /�d�Cr
uty
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February 18, 1997
Page 7 of 7
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 15, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
TRAFFIC RESOLUTION NO. 3791
ABSTAIN: None Supervisorial District I
SUBJECT: Pursuant to Section 35701 of the California Vehicle Code, Declaring a 6,000
pound Load Limit on Pleasant Hill Road (Road No. 3651A), Pleasant Hill
The Contra Costa County Board of Supervisors RESOLVES that:
On the basis of a traffic and engineering survey and recommendations thereon by the
County Public Works Department's Traffic Engineering Division, and pursuant to County
Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic regulation is
established (and other action taken as indicated):
Pursuant to Sections 35701 of the California Vehicle Code, no commercial
vehicle, with or without load, which exceeds a gross weight of 6,000 pounds
(BUSES EXCEPTED) shall travel on Pleasant Hill Road (Road No. 3651A)
between Diablo View Road and Whitfield Court, in the Pleasant Hill area.
"1%
aMM/Ilett 111b N e EnrO end eotred EOp�r Ot
liken and entered on the minuW 760,1
Board of Supervisors on the data shown.
A TEM-D: ri a'ti Q lS 1997'
PHIL DAIICHELOR,CI rk el ma e,d
Of Supervlaors and County Adminia Mtor
BY ptl9r
SK:rs
g ATransEng\BO.T R\B03791.t4
Orig.Dept.: Public Works(Traffic)
Contact: Steve Kersevan, (313-2254)
cc: Sheriff
California Highway Patrol
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 15, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
TRAFFIC RESOLUTION NO. 3792
ABSTAIN:None Supervisorial District 5
SUBJECT: Pursuant to Section 22507 of the California Vehicle Code, Declaring Parking
to be Prohibited on Neroly Road (Road No. 7684A), Oakley area.
The Contra Costa Board of Supervisors RESOLVES that:
On the basis of a traffic and engineering survey and recommendations thereon by the
County Public Works Department's Traffic Engineering Division, and pursuant to County
Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic regulation is
established (and other action taken as indicated):
Pursuant to Section 22507 of the California Vehicle Code parking is hereby
declared to be prohibited at all times on the north side of Neroly Road (Road
#7684A), Oakley, beginning at the east curb line of Brown Road and
extending easterly a distance of 90 feet, and then beginning at a point 240
feet east of the east curb line of Brown Road, and extending easterly a
distance of 40 feet.
I Badu BBdfy lhaf Oft fs■ON and to 71 W
on action taken and entered on the minuan pr-y1�
Board of Superv�ora on the date shown.
ATMTEB: CA a - 0 f.s . 19'3'1
PHIL BATCHELOR,Clelkt<f the board
of Supervisors and County Administrator
B'/ dY.i
SK:rs
g:\transeng\bo.tr\3792.t4
Orig. Dept.: Public Works(Traffic)
Contact: Steve Kersevan, (313-2254)
cc: Sheriff
California Highway Patrol
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 15, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
TRAFFIC RESOLUTION NO. 3793
ABSTAIN:None Supervisorial District 3
SUBJECT: Pursuant to Section 22507 of the California Vehicle Code, Declaring Parking
to be Prohibited on Stone Valley Road (Road No. 4331A), Alamo area.
The Contra Costa Board of Supervisors RESOLVES that:
On the basis of a traffic and engineering survey and recommendations thereon by the
County Public Works Department's Traffic Engineering Division, and pursuant to County
Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic regulation is
established (and other action taken as indicated):
Pursuant to Section 22507 of the California Vehicle Code parking is hereby
declared to be prohibited at all times on the south side of Stone Valley Road
(Road # 4331A), Alamo, beginning at the east curb line of Alamo Ranch
Road and extending easterly a distance of 200 feet.
1 hereby croft that Mb Is a hue and coned 7yt el
an ac"n taken and entered on the minuW q yla
Board of Supervisors on the data shown.
ATrESTEo:-�A: P I.5 199 7
PHIL BA HELOR,CI of me board
of Suparvlaara and Counry Adm(i�n(latratar
6y \ 11apWr
SK:rs
g:\transeng\bo.tr\3793.t4
Orig. Dept.: Public Works(Traffic)
Contact: Steve Kersevan, (313-2254)
cc: Sheriff
California Highway Patrol
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 15, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
TRAFFIC RESOLUTION NO. 3795
ABSTAIN: None Supervisorial District 3
SUBJECT: Pursuant to Section 22507 of the California Vehicle Code, Declaring Parking
to be Prohibited on Shadow Creek Drive (Road No. 5525P), Danville area.
The Contra Costa Board of Supervisors RESOLVES that:
On the basis of a traffic and engineering survey and recommendations thereon by the
County Public Works Department's Traffic Engineering Division, and pursuant to County
Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic regulation is
established (and other action taken as indicated):
Pursuant to Section 22507 of the California Vehicle Code parking is hereby
declared to be prohibited at all times on the west side of Shadow Creek
Drive (Road #5525P), Danville, beginning at the north curb line of
Creekpoint Court and extending northerly a distance of 520 feet.
I hereby cw*that this M e true end om ad er
an action taken and entered on the rstnuMSOOpy MOof
Board of Supervisors on the data shown,
AMSTED: I.S 1997
PHILBA HELOR,CIB of the board
of Supervisors and County Adrslnlyaa,
At� \Daglty
SK:rs
g:\transeng\bo.tr\3795.t4
Orig. Dept.: Public Works(Traffic)
Contact: Steve Kersevan, (313-2254)
cc: Sheriff
California Highway Patrol
C .
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 15, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
TRAFFIC RESOLUTION NO. 3794
ABSTAIN: None Supervisorial District 5
SUBJECT: Pursuant to Section 22507 of the California Vehicle Code, Declaring Parking
to be Prohibited on Neroly Road (Road No. 7684A), Oakley area.
The Contra Costa Board of Supervisors RESOLVES that:
On the basis of a traffic and engineering survey and recommendations thereon by the
County Public Works Department's Traffic Engineering Division, and pursuant to County
Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic regulation is
established (and other action taken as indicated):
Pursuant to Section 22507 of the California Vehicle Code parking is hereby
declared to be prohibited at all times, except for the loading or unloading of
school bus passengers, on the north side of Neroly Road (Road No. 7684A,
Oakley, beginning at a point 90 feet east of the east curb line of Brown Road
and extending easterly a distance of 150 feet.
I hereby t> ft MM this b a tray MW eanq aapy r
an "1W Man and enWW on Ma mbuba a as
Board of Supervisors�-on,,,,010 data drown.
ATTESTED: 1497
PHIL eAr ons and ,County
ct the board
Ia(�S�ulpAervCl6o�ra an(d/C'�ounty AdnilnlatratOf
BY\\]f7�5i11 A C G, � \ ' e Y� Depugr
SK:rs
g:\transeng\bo.tr\bo3794.t4
Orig. Dept.: Public Works(Traffic)
Contact: Steve Kersevan, (313-2254)
cc: Sheriff
California Highway Patrol