HomeMy WebLinkAboutMINUTES - 06202000 - C22-C26 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY
AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: JUNE 20, 2000
SUBJECT: APPROVE GREEN VALLEY CREEK SLIDE REPAIR PROJECT AND DETERMINE THAT
THE PROJECT IS A CEQA CLASS 1D CATEGORICAL EXEMPTION IN THE DANVILLE
AREA. CDD-CP#00-46, PROJECT NO. 7520-6139364.
Speclflc Request(s) or ecornmen ation s Background usti (cation
1. RECOMMENDED ACTION:
APPROVE the Green Valley Creek Slide Repair Project, and
DETERMINE that the project is a California Environmental Quality Act (CEQA) Class ld
Categorical Exemption, and
DIRECT the Director of Community Development to file a Notice of Exemption with the County
Clerk.
47TContinued on Attachment: X SIGNATOR
RECOMMENDATION OF COUNTY ADMINISTRATOR Ly
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATUREW:
ACTION OF BOARD ON JUNE 20, 2000 APPROVED AS RECOMMENDED X OTHER
I hereby certify that this is a true and correct
VOTE OF SUPERVISORS copy of an action taken and entered on the
X UNANIMOUS{ABSENT NONE ) minutes of the Board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN:
EC:df JUNE 20 2000
G:\GrpData\EngSvc\ENVIRO\2000 projects\Board Orders\ ATTESTED: __
Board Order Gm Valley Cr Slide-Cat Ex.doc PHIL BATCHELOR, Clerk of the Board of
Orig.Div: Public Works(Engineering Services Division) Supervisors and County Administrator
Contact: Jerry Fahy 313-7012
cc: Administrator-Attn: E.Kuevor
Auditor-Controller
Community Development—D. Foley 13
Public Works: Accounting y
J. Fahy, Maintenance Deputy
C.Sellgren,Engineering Services
SUBJECT: APPROVE GREEN VALLEY CREEK SLIDE REPAIR PROJECT AND DETERMINE THAT
THE PROJECT IS A CEQA CLASS 1 D CATEGORICAL EXEMPTION IN THE DANVILLE
AREA. CDD-CP##00-46, PROJECT NO. 7520-6139364.
DATE: JUNE 20, 2000
PAGE: 2
RECOMMENDED ACTION (continued):
AUTHORIZE the Chief Engineer 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 Exemption.
II. FINANCIAL IMPACT:
The estimated project cost is $15,000, funded by Flood Control Zone 3S Funds (100%).
111111. REASONS FOR RECOMMENDATION/BACKGROUND:
The project consists of repairing an embankment slide by replacing or installing gabion baskets
at the toe of the slide then backfilling and compacting native soil material on the slope, and finally
hydroseeding the embankment. The section to be stabilized is 40' x 25' x 3'. Access road repair
will consist of placing and compacting Aggregate Base. The site was damaged during the winter
storms of 2000. The embankment above the creek's access road slid and is threatening to
damage private property and block the access road. The repair activity will be kept to the
minimum necessary to accomplish the repair, and the work site will be kept clear of construction
debris. No trees need to be removed as a result of this project. The project is needed to stabilize
the hillside.
The project has been determined to be in compliance with the General Plan and is exempt from
CEQA because it can be seen with certainty that there is no possibility that the activity may have
a significant adverse effect on the environment. No scenic resources will be removed as a result
of the activity.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Delay in approving the project will result in a delay of design and construction and may jeopardize
funding.
CONTRA PUBLIC WORKS DEPARTMENT
COSTA INITIAL STUDY
COUNTY OF ENVIRONMENTAL SIGNIFICANCE
PROJECT# 7520-669364
CP# 00-46
PROJECT NAME: Green Valley Creek Slide Repair
PREPARED BY: Earl Crosby DATE: 4/19/00
APPROVED BY: ) 01 DATE: C��
RECOMMENDATIONS:
(X) Categorical Exemption (Class 1d) ( ) Negative Declaration
( ) Environmental Impact Report Required ( ) Conditional Negative Declaration
The project will not have a significant effect on the environment. The recommendation Is based
on the following: The proposed project consists of repairing an existing flood control facility. The repair
will not result in any expansion of use beyond that previously existing. The project will not result in the
removal of any scenic resource.
What changes to the project would mitigate the identified impacts N/A
USGS Quad Sheet Diablo Base Map Sheet# 5-16 Parcel # N/A
GENERAL CONSIDERATIONS:
1. Location: Approximately 600ft (163 m) upstream of Diablo Road, south bank of Green Valley
Creek in the Danville area. (Figures 1-3)
2. Project Description: The project consists of repairing an embankment slide by replacing or
installing gabion baskets at the toe of the slide then backfilling and compacting native soil material on
the slope, and finally hydroseeding the embankment. The section to be stabilized is 40' x 25' x 3. Access
road repair will consist of placing and compacting Aggregate Base. The site was damaged during the
winter storms of 2000. The embankment above the creek's access road slid and is threatening to
damage private property and block the access road. The repair activity will be kept to the minimum
necessary to accomplish the repair, and the work site will be kept clear of construction debris. No trees
need to be removed as a result of this project.
Best Management Practices (BMPs)will be utilized throughout the course of the project such as
dust control, properly tuned and muffled equipment, fueling and maintaining of equipment at designated
staging areas, and maintaining a clean work site. All bare slopes will be seeded with a native seed mix
at the completion of the project.
The environmental impacts of this project will be minimal and restricted to noise and dust
associated with the construction phase of the project. Implementing BMPs such as dust control and
properly tuned and muffled equipment will minimize equipment noise and dust generated by the
construction. Installation of proper erosion control methods such as hydroseeding will reduce the
likelihood of further erosion and subsequent sediment transport.
3. Does It appear that any feature of the project will generate significant public concern?
[] yes [X] no [] maybe (Nature of concern):
4. Will the project require approval or permits by other than a County agency? [] yes [X] no
Agency Name(s)
5. Is the project within the Sphere of Influence of any city? Yes, City of Danville
\\PWS4\SHARDATA\GrpData\EngSvc\ENVIRO\2000 projectsWaint. projs\Grn Valley Cr Slide Repair\cat Ex.doc
(Form Revised 2197)
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor-Forth Wing,McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925)313-2296 Contact Person:Cece Sellgren -Public Works Deli
1. Project Description, Common Name (if any)and Location Green Valley Creek Slide Repair,County File#:CP 00-46 Project
Description The project consists of repairing an embankment slide by replacing or installing gabion baskets at the toe of the slide
then backfilling and compacting native soil material on the slope, and finally hydroseeding the embankment. The section to be
stabilized is 40'x 25'x 3. Access road repair will consist of placing and compacting Aggregate Base. The site was damaged during
the winter storms of 2000. The embankment above the creek's access road slid and is threatening to damage private property and
block the access road. The repair activity will be kept to the minimum necessary to accomplish the repair, and the work site will be
kept clear of construction debris. No trees need to be removed as a result of this project.
Best Management Practices (BMPs)will be utilized throughout the course of the project such as dust control, properly tuned and
muffled equipment,fueling and maintaining of equipment at designated staging areas, and maintaining a clean work site. All bare
slopes will be seeded with a native seed mix at the completion of the project.
The environmental impacts of this project will be minimal and restricted to noise and dust associated with the construction phase of
the project. Implementing BMPs such as dust control and properly tuned and muffled equipment will minimize equipment noise and
dust generated by the construction. Installation of proper erosion control methods such as hydroseeding will reduce the likelihood
of further erosion and subsequent sediment transport.
Project location: The project is located Approximately 600ft(183 m) upstream of Diablo Road, south bank of Green Valley Creek
in the Danville area.
This project is exempt from CEQA as a:
— Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section
Declared Emergency(Sec. 15269(x)) General Rule of Applicability(Section 15061(b)(3)
_ Emergency Project(Sec. 15269(b)or(c))
Categorical Exemption, Class 1 d
for the following reason(s): The project consists of the repair of an existing damaged public facility. The repair will not involve an
expansion of use beyond that previously existing nor result in the removal of any scenic resource.
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:
County Public Works Department
255 Glacier Drive
Martinez,CA 94553
Attn: Earl iCmsby County Clerk Fee$50 Due
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TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY
AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 20, 2000
SUBJECT: APPROVE MIRANDA CREEK EROSION REPAIR PROJECT AND DETERMINE THAT
THE PROJECT IS A CEQA CLASS 1D CATEGORICAL EXEMPTION IN THE ALAMO
AREA. CDD-CP#00-38, PROJECT NO. 0330-6W9C14-99.
SPqC1flC Request(s) or Recommendation(s) & Bac groun ust kation
I. RECOMMENDED ACTION.-
APPROVE
CTION:APPROVE the Miranda Creek Erosion Repair Project, and
DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 1d
Categorical Exemption, and
DIRECT the Director of Community Development to file a Notice of Exemption with the County
Clerk.
Continued on Attachment: X SIGNATUR& .
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
—APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ON JIVE 20) 2000 APPROVED AS RECOMMENDED_X_OTHER
V E OF SUPERVISORS I hereby certify that this is a true and correct
-X UNANIMOUS(ABSENT NONE ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
EC:df
G:IGrpData\EngSvc\ENVIRO\2000 projects\Board Orders\Board Order JUNE20 2000
Miranda Creek at Stone Valley Way-Cat Ex.doc ATTESTED: '
Orig.Div: Flood Control(Maintenance Division) PHIL BATCHELOR, Clerk of the Board of
Contact: Jerry Fahy,313-7012 Supervisors and County Administrator
cc: Administrator-Attn: E. Kuevor
Auditor-Controller
Community Development—D.Foley
Public Works: Accounting By y
Construction Deputy
J. Fahy, Maintenance Division
C.5ellgren, Engineering Services
SUBJECT: APPROVE MIRANDA CREEK EROSION REPAIR PROJECT AND DETERMINE THAT
THE PROJECT IS A CEQA CLASS 1D CATEGORICAL. EXEMPTION IN THE ALAMO
AREA. CDD-CP#00-38, PROJECT NO. 0330-6W9C14-99.
DATE: JUNE 20, 2000
PAGE: 2
RECOMMENDED ACTION (continued):
AUTHORIZE the Chief Engineer 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 Exemption.
11. FINANCIAL IMPACT:
The estimated project cost is $ 38,000, funded by Countywide Drainage Funds (100%).
Ill. REASONS FOR RECOMMENDATION/BACKGROUND:
The project consists of repairing toe of bank erosion by excavating and removing unstable soil
and replacing it with vegetated rip-rap. The section to be stabilized is 40'x 15' x 3'. No trees need
to be removed as a result of this project. All vegetated rip-rap will be covered with soil and
seeded above the ordinary high water mark. The project is needed to stabilize the streambank
and protect private property.
Minor outbuildings located upon Contra Costa County Flood Control and Water Conservation
District easement may have to be removed to gain access to the site. The structures include a
metal shed, wooden fence, wooden lattice panel and a wooden gazebo. Various landscaping
encroaching on easement will be impacted.
The project has been determined to be in compliance with the General Plan and is exempt from
CEQA because it can be seen with certainty that there is no possibility that the activity may have
a significant adverse effect on the environment. No scenic resources will be removed as a result
of the activity.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Delay in approving the project will result in a delay of design and construction and may jeopardize
funding.
�'CA-3
.,CONTRA PUBLIC WORKS DEPARTMENT
COSTA - INITIAL STUDY
COUNTY OF ENVIRONMENTAL SIGNIFICANCE
PROJECT # 0330-6W9C'14-99
CP# 00-38
PROJECT NAME: Miranda Creek Erosion Repair
PREPARED BY--., Earl Crosby t- DATE: 5/412000
APPROVED 1 — DATE: j..�
RECOMMENDATIONS:
(X) Categorical Exemption (Class 1 d) ( ) Negative Declaration
( ) Environmental Impact Report Required ( ) Conditional Negative Declaration
The project will not have a significant effect on the environment. The recommendation is based
on the following: The proposed project consists of repairing an existing flood control facility. The repair
will not result in any expansion of use beyond that previously existing. The project will not result in the
removal of any scenic resource. (§95301 (9)(d) CEQA Guidelines)
What changes to the project would mitigate the identified impacts NIA
USGS Quad Sheet Las Trampas Ridge Base Map Sheet# R-15 Parcel # N/A
GENERAL CONSIDERATIONS: -
ti
1. Location: Approximately 600' upstream of the culverts epbssing Stone Valley Way, west bank of
Miranda Creek in the area of Alamo. (Figures 1-3)
2. Project Description: The project consist of repAwat
e of bank erosion by excavating and
removing unstable soil and replacing it with vegetated (Figure 4). The section to be stabilized
is 40' x 15' x 3 . Construction will occur during the sumwever, Miranda Creek is perennial and
flows will need to be diverted around the project site. diver ' n s stem reviewedby the
County and approved by the CA dept. of Fish and Came will be applied to dewater the construction
site (Figure 5). A 'sediment filter dam will be installed downstream of the project site to minimize
sedimentation within the creek as a result of the project. No trees need to be removed as a result of
this project. All vegetated rip-rap will be covered with soil and seeded above the ordinary high water
mark.
Best Management Practices (BMPs) will be utilized throughout the course of the project. For
example, construction will occur during the dry season (June-September). Environmentally Sensitive
Area fencing will be the first order of work to clearly define the project limits and area of impact.
3 -ao -ob survey for CA red-legged frogs within one week of start date. The repair activity will be
kept to the minimum necessary to accomplish the repair, and the work site will be kept clear of
construction debris. Any alterations to channel grade will be returned to pre-construction conditions at
the completion of the project. All bare slopes will be seeded with a native seed mix at the completion
of the project. Environmentally Sensitive Fencing will be the first order of work to clearly deme the
project limits and area of impact, dewatering of work site and installation of sediment filter barriers will
occur before the start of construction. Locating of stockpiles will be outside of streamzone. In addition,
fueling and maintaining of equipment will occur at designated staging areas. Maintaining a clean work
site will be employed daily.
Minor outbuildings located upon Contra Costa County Flood Control and Water Conservation
District easement may have to be removed to gain access to the site. The structures include a metal
shed, wooden fence, wooden lattice panel and a wooden gazebo. Various landscaping encroaching on
easement will be impacted (Photo 1).
Based on the physical characteristics of the immediately adjacent stream corridor, riparian cover
and pools the habitat quality for CA. red--legged frog (Rana aurora draytonii') is good. Documented
occurrences of this frog species within nearby Alamo Creek watershed also contribute to the potential
of their presence. The USFWS determined the project as described is not likely to adversely affect CA
red-legged frogs.
Concerning Coho salmon (Onchorhynchus kisutch), and California steelhead (Qncorhynchus
mykiss irideus), this section of Miranda Creek is a natural creek exhibiting the following characteristics;
riparian and instream cover. Little or no flow during late summer months, the presence of 4 drop-
structures and culverted sections downstream can be construed as a migration impediment to these
species. The preceding characteristics suggest that salmon and steelhead do not utilize this section of
Miranda Creek.
3. Does it appear that any feature of the project will generate significant public concern?
[] yes [X] no [] maybe (Nature of concern):
4. Will the project require approval or permits by other than a County agency? [X] yes [] no
Agency Name(s) CA Dept. of Fish and Game, CA. Regional Water Quality Board and the U.S.
Army Corp of Engineers, United States Fish and Wildlife Service
5. Is the project within the Sphere of influence of any city? No
G:\GrpData\EngSvc\ENVIRO\2000 projects\Maint.projs\Miranda Cr Stone Valley Way\Cat Ex Miranda Creek@a Stn Valley Way.doc
(Form Revised 2/97)
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CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of ErAemption
Contra Costa County Community Development Department
551 Pine Street,4th Floor-North Wing,McBrien Administration Building
Martinez,CA 94553-0095
Telephone:(925)313-2296 Contact Person:Cece Sell$ren-Public WorkL Dent
3roject Description,Common blame(if any)and Location: Miranda Creek Erosion Repair,County File #CP 00-38: Project Description:The project
:onsist of repairing toe of bank erosion by excavating and removing unstable soil and replacing it with vegetated rip-rap. The section to be stabilized is 40'x
15'x 3'.Construction will occur during the summer,however,Miranda Creek is perennial and flows will need to be diverted around the project site. A water
iiversion system reviewed by the County and approved by the CA Dept.of Fish and Game will be applied to dewater the construction site. A sediment filter
iam will be installed downstream of the project site to minimize sedimentation within the creek as a result of the project. No trees need to be removed as a
-esult of this project. All vegetated rip-rap will be covered with soil and seeded above the ordinary high water mark.
Best Management Practices(BMPs)will be utilized throughout the course of the project. For example,construction will occur during the dry season
.lune-September). Environmentally Sensitive Area fencing will be the first order of work to clearly define the project limits and area of impact. Pre-
:onstruction survey for CA red-legged frogs within one week of start date. The repair activity will be kept to the minimum necessary to accomplish the repair,
and the work site will be kept clear of construction debris. Any alterations to channel grade will be returned to pre-construction conditions at the completion
of the project. All bare slopes will be seeded with a native seed mix at the completion of the project. Environmentally Sensitive Fencing will be the first order
of work to clearly define the project limits and area of impact,dewatering of work site and installation of sediment filter barriers will occur before the start of
onstruction. Locating of stockpiles will be outside of streamzone. In addition,fueling and maintaining of equipment will occur at designated staging areas.
:Maintaining a clean work site will be employed daily.
Minor outbuildings located upon Contra Costa County Flood Control and Water Conservation District easement may have to be removed to gain access
to the site. The structures include a metal shed,wooden fence,wooden lattice panel and a wooden gazebo. Various landscaping encroaching on easement will
be impacted.
Based on the physical characteristics of the immediately adjacent stream corridor,riparian cover and pools the habitat quality for CA.red-legged frog
(Rana aurora draytonii)is good. Documented occurrences of this frog species within nearby Alamo Creek watershed also contribute to the potential of their
presence. The USFWS determined the project as described is not likely to adversely affect CA red-legged frogs.
Concerning Coho salmon(Onchorhynchus kisurch),and California steelhead(Oncorhynchus mykiss irideus),this section of Miranda Creek is a natural
creek exhibiting the following characteristics;riparian and instrearn cover. Little or no flow during late summer months,the presence of 4 drop-structures and
culverted sections downstream can be construed as a migration impediment to these species. The preceding characteristics suggest that salmon and steelhead do
not utilize this section of Miranda Creek..Project location:The project is located approximately 500'upstream of the culverts crossing Stone Valley Way,west
bank of Miranda Creek-in the central county,Alamo area.
This project is exempt from CIQA as a:
Ministerial Project(Sec. 15258) — Other Statutory Exemption,Section_
Declared Emergency(Sec. 15259(a)) — General Rule of Applicability(Section 15051(b)(3)
_,,,,, Emergency Project(Sec. 15259(b)or(c))
Lc Categorical Exemption,C-[4
for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the
environment.
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:
County Public Works Department
255 Glacier Drive
Martinez,CA 94553
Atte. Trina 1orres County Clerk Fee$50 Due
G:\GrpData\EngSvc\ENVlR0\2000 projects\maint.projs\Miranda Cr Stone Valley Way\NQE.doc
THE BOARD OF SUPERVISORS clt+
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 20, 2000, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 20001 316
Deerings Water Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Code § 25526.6
SUBJECT: Conveyance of an Easement to the City of Brentwood
Portion of Marsh Creek Channel
Project No. 7521-6D8335
Area: Brentwood
The Board of Supervisors as the Governing Body of the Contra Costa County f=lood
Control and Water Conservation District RESOLVES THAT:
Contra Costa County Flood Control and Water Conservation District acquired
certain real property by deed recorded on November 6, 1964, in Book 4738 at page 460,
in the Brentwood area. The City of Brentwood has requested an easement over a portion
of said property, described in Exhibits "A" and "B" attached hereto, for a water pipeline.
This Board FINDS that the conveyance of such easement is in the public interest and will
not substantially conflict or interfere with the District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement
to the City of Brentwood over the property described in Exhibits "A" and "B" attached
hereto, pursuant to the above-referenced statutory authorities and the Board Chair is
hereby AUTHORIZED to execute a Grant of Easement on behalf of the District.
The City of Brentwood issued a Notice of Exemption for Subdivision 7975 on June
19, 1997.
The Real Property Division is DIRECTED to cause said easement to be delivered
to the grantee.
:\
eh
GGrpDatalReal Prop12000-Files\Bos&RES\BR27a_cb.doc I hereby certify that this Is a true and correct
:\Gr
Attachments copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Orig. Dept.: Public Works(R/P) date shown.
Contact: L. Lucy Owens(313-2229)
cc: Public Works Accounting ATTESTED: ___ JUNE 20, 2004
Public Works Records PHIL BATCHELOR,Clerk of the Board of
Grantee(via R/P) Supervisors Wd County Administrator
Recorder(via R/P) By r„1 Deputy
Community Development Dept
RESOLUTION NO. 2000/ 316
Recorded at the request of:
City of Brentwood
After recording return to:
City of Brentwood
708 3rd Street
Brentwood, CA 94513
Attention: City Clerk
Marsh Creek Channel
FCD Parcel 30
GRANT OF EASEMENT
For good and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political
subdivision of the State of California, (hereinafter "DISTRICT"), hereby grants to the CITY
OF BRENTWOOD, a municipal corporation (hereinafter "CITY"), a nonexclusive right to
a fifteen-foot-wide perpetual easement and right of way for installing, constructing,
reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using
a subsurface water line and appurtenances thereto, and for no other purposes whatsoever,
along and in all of the hereinafter described parcel of land situate in the City of Brentwood,
County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A"AND "B"
The foregoing grant is made subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to
this easement (hereinafter the "Property") is for flood control and storm drainage
purposes, including, but not limited to, the right to install, construct, reconstruct,
remove, replace, repair, upgrade, maintain, and operate facilities which convey
waters for such purposes. Underground utility facilities may already be in place and
it is anticipated that, in the future, additional utility facilities may be constructed or
installed on the Property. CITY acknowledges and agrees that the uses just
described constitute the primary use of the Property and that any and all rights
granted or implied by this Grant of Easement are secondary and subordinate to the
primary use of the Property by the DISTRICT, its successors and assigns. CITY
shall not, at any time, use or permit the public to use the easement area in any
manner that will interfere with or impair the DISTRICT's primary use of the Property.
CITY shall not fence said easement without the prior written approval of the
DISTRICT, and shall remove any fencing when requested by DISTRICT to do so.
CITY shall not otherwise obstruct the easement area.
2. DISTRICT TITLE: CITY hereby acknowledges DISTRICT's title to the Property and
agrees never to assail or resist said title.
1
s
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) CITY shall, prior to any
construction, reconstruction, remodeling, excavation, installation or plantings within
the easement area, submit specific plans and specifications to the DISTRICT for
review and approval. Such approval, together with any additional requirements, is
to be in the form of a written permit issued by DISTRICT to CITY. Such permit
should not be withheld unreasonably by DISTRICT.
(b) Normal maintenance by CITY of its facilities within the easement area, including
inspection and cleaning of existing pipelines, shall not require prior notice to the
DISTRICT. CITY shall perform maintenance of its facilities so as to prevent
damage to the site.
4. MODIFICATION, RELOCATION AND REMOVAL OF CITY'S FACILITIES: As
provided for in Section 7 of this agreement, DISTRICT reserves the right to require
CITY to modify its facilities, to relocate said facilities within the easement area or,
at DISTRICT's sole discretion, to remove its facilities from the easement area to
another site selected by DISTRICT, at CITY's sole expense. If DISTRICT directs
CITY to remove its facilities from the easement area to a site outside the easement
area, DISTRICT shall provide the CITY with a similar easement for the new site.
CITY shall be responsible for all costs of relocating its facilities but shall not be
required to pay for the relocated easement area In the event that CITY fails to
commence the required work within ninety days after receiving written direction to
do so by DISTRICT, or such reasonable extension as DISTRICT may agree to, or
fails to complete the required work within a reasonable time thereafter, DISTRICT
may perform or complete the work at the expense of CITY, which expense CITY
agrees to pay to DISTRICT promptly upon demand, including but not limited to
engineering costs and any legal expenses incurred to collect such costs. If CITY's
facilities are removed from the current easement area to a new easement area,
CITY shall promptly quitclaim to DISTRICT its interest in the prior easement area
immediately following the placement of the CITY's facilities in the new easement
area.
5. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Property, facilities,
landscaping or other improvements, removed or damaged as a result of the use of
the easement area by CITY, or any other person or entity acting under CITY's
direction or control, shall, at DISTRICT's discretion and direction, be repaired or
replaced by DISTRICT, with all reasonable costs and expenses to be paid by CITY
(including but not limited to engineering costs and legal costs of collecting any
unpaid expenses) or shall be repaired or replaced by CITY, at the sole cost and
expense of CITY, equivalent to or better than their existing condition. In the event
that CITY fails to commence the required work within ninety days after receiving
written direction to do so by DISTRICT, or such reasonable extension as DISTRICT
may agree to in writing, or fails to complete the required work within a reasonable
time thereafter, DISTRICT may perform or complete the work at the expense of
CITY, which expense CITY agrees to pay to DISTRICT promptly upon demand,
including but not limited to engineering costs and any legal expenses incurred to
collect such costs.
6. DAMAGE TO CITY'S FACILITIES: DISTRICT shall have no responsibility for the
protection, maintenance, damage to, or removal of CITY's facilities, appurtenances
or improvements, caused by or resulting from DISTRICT's use of the Property or
work or operation thereon. DISTRICT shall endeavor to notify CITY prior to any
2
major work or operation on or around the facilities to give CITY an opportunity to
ensure that it has properly marked, protected and maintained its facilities. Exhibits
"Cl" and "C2" attached hereto and incorporated herein depicts the location of the
CITY's facility and DISTRICT approved markers within the Marsh Creek Channel
right of way for future reference. It shall be the sole responsibility of the CITY to
provide and maintain adequate protection and surface markings where applicable
for its own facilities.
Subject to the foregoing, if CITY's properly marked, protected and maintained
facilities are damaged by the sole, active negligence or willful misconduct of
DISTRICT or any other person or entity acting under DISTRICT's direction or
control, DISTRICT shall repair the damage at its sole cost and expense or, at the
discretion of and upon written notice from CITY, the damage shall be repaired by
CITY and the reasonable cost of such repair shall be paid for by DISTRICT. Under
no circumstance shall DISTRICT 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 destruction of any portion of the CITY's facilities. CITY hereby
acknowledges that its sole remedy for any damage to or destruction of any portion
of CITY's facilities, to the extent DISTRICT is otherwise so liable under this Grant
of Easement, shall be to require DISTRICT to repair or replace the damaged or
destroyed portion or reimburse CITY for CITY's pre-approved reasonable costs and
expenses in repairing or replacing the damaged or destroyed portion.
7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-
exclusive. This easement is subject and subordinate to all existing rights, rights of
way, licenses, reservations, franchises and easements of record, or that would be
evident from a physical inspection or accurate survey of the Property, in and to the
Property. DISTRICT shall have the right to require CITY to modify, remove or
relocate its facility within the easement area or to a similar easement to be granted
to CITY by DISTRICT at no cost, in a timely manner at CITY's sole cost as
reasonably necessary to accommodate the DISTRICT's, or any other existing user's
right to construct, replace, enlarge, repair, maintain and operate its facilities, in the
same manner as required by Section 4 of this easement, including the rights and
remedies contained therein. CITY agrees to take all precautions required to avoid
damage to the facilities of the existing users. If CITY damages the facilities or
improvements of any existing user, CITY shall repair or replace such facilities at
CITY's sole cost and expense. Nothing contained herein shall be construed to
prevent DISTRICT from granting other easements, franchises, licenses or rights of
way over said lands, provided however, that said subsequent uses do not
unreasonably prevent or obstruct CITY's easement rights hereunder.
8. INDEMNIFICATION, AS-IS CONDITION OF PROPERTY:
a) In the exercise of all rights under this easement, CITY shall be responsible
for any and all injury to the public, to persons and to property arising out of
or connected with CITY's use of the Property. CITY shall indemnify, defend,
save, protect and hold harmless, DISTRICT, its officers, agents, employees
and contractors from and against any and all threatened or actual loss,
damage (including foreseeable and unforeseeable consequential damages),
liability, claims, suits, demands,judgments, orders, costs, fines, penalties or
expense of whatever character, including but not limited to those relating to
3
inverse condemnation, and including attorneys'fees, (hereinafter collectively
referred to as "Liabilities") to persons or property, direct or consequential,
directly or indirectly contributed to or caused by the granting of this
easement, CITY's operations, acts or omissions pursuant to this easement,
or the CITY's use of the easement, save and except Liabilities arising
through the sole negligence or sole willful misconduct of the DISTRICT, its
officers or employees. CITY acknowledges that Property subject to this
easement is in a flood control area. CITY agrees that CITY shall never have,
claim or assert any right or action against DISTRICT or the County of Contra
Costa in the event of damage to or disruption of CITY's facilities caused or
contributed to by flooding or water, and shall indemnify, defend, save, protect
and hold DISTRICT harmless from all Liabilities resulting from such damage
or disruption.
b) CITY further agrees to defend, indemnify, save, protect and hold harmless,
DISTRICT from any and all actual or threatened claims, costs, actions or
proceedings to attack, set aside, void, abrogate or annul this grant of
easement or any act or approval of DISTRICT related thereto.
c) CITY accepts the easement area in an "as is" physical condition, with no
warranty, guarantee, representation or liability, express or implied on the part
of the DISTRICT as to any matter, including but not limited to the physical
condition of the Property and/or the condition and/or possible uses of the
land or any improvements thereon, the condition of the soil or the geology of
the soil, the condition of the air, surface water or groundwater, the presence
of known and unknown faults, the presence of any hazardous substance,
materials, or other kinds of contamination or pollutants of any kind in the air,
soil, groundwater or surface water, or the suitability of the Property for the
construction and use of the improvements thereon. It shall be the sole
responsibility of CITY, at its sole cost and expense, to investigate and
determine the suitability of the soil, water, geologic, environmental and
seismic conditions of the Property for the intended use contemplated herein,
and to determine and comply with all building, planning and zoning
regulations relative to the Property and the uses to which it can be put. CITY
relies solely on CITY's own judgment, experience and investigations as to
the present and future condition of the Property or its suitability for CITY's
intended use and is not relying in any manner on any representation or
warranty by DISTRICT. CITY agrees that neither CITY, its heirs, successors
or assign shall ever claim have or assert any right or action against
DISTRICT for any loss, damage or other matter arising out of or resulting
from the presence of any hazardous substance or any other condition of the
Property at the commencement of the easement or from the release of any
hazardous substance in, on or around any part of the Property or in the soil,
water, subsurface strata or ambient air by any person or entity other than the
DISTRICT following the commencement of this easement. As used herein,
"hazardous substance" means any substance, material or waste which is or
may become designated, classified or regulated as being "toxic,""hazardous"
or a "pollutant" under any federal, state or local law, regulation or ordinance.
Nothing in this section is intended in any way to restrict the right of CITY to
seek contribution or indemnity from any person or entity other than
DISTRICT whose activities are a cause of any discharge, leakage, spillage
or emission of hazardous materials on or to the Property.
4
d) To the extent permitted by law, CITY shall indemnify, defend, save, protect
and hold the DISTRICT harmless from and against any and all claims,
demands, Liabilities, expenses (including without limitation attorneys fees
and consultants fees), penalties, damages, consequential damages and
losses, and costs (including but not limited to the costs of any required or
necessary testing, remediation, repair, removal, cleanup or detoxification of
the Property and surrounding properties and from and against the
preparation of any cleanup, remediation, closure or other required plans
whether such action is required or necessary prior to or following the
termination of the easement), of any kind or nature, to the extent caused or
contributed to by CITY's operation or performance under this easement, or
CITY's use, release or disposal of any hazardous substance, including all
costs, claims, damages (including property and personal injury) caused by
the uncovering, release or excavation of hazardous materials (including
petroleum) as a result of CITY's construction, reconstruction, maintenance,
use, replacement, or removal of its facilities, to the extent that such activities
increase the costs attributable to the cleanup or remediation of such
hazardous materials.
e) The obligations contained in this section shall survive the expiration or other
termination of this easement.
9. NO WARRANTIES: CITY understands and acknowledges that DISTRICT makes
no representations, warranties or guarantees of any kind or character, express or
implied, with respect to the Property, and CITY is entering into this transaction
without relying in any manner on any such representation or warranty by DISTRICT.
10. ABANDONMENT: in the event CITY shall cease to use the easement herein
continuously for a period of one year, or in the event CITY abandons its facilities or
fails to use the easement for the purpose for which it is granted, then all rights of
CITY in and to said lands shall thereupon cease and terminate and title thereto shall
immediately revert to and vest in DISTRICT or its successors. Upon any such
termination of CITY's rights, CITY shall, upon request by DISTRICT, and at CITY's
sole cost and expense, remove all of its facilities from the easement area and
restore said Property to its original condition. Upon the failure of CITY to do so, this
work may be performed by DISTRICT at CITY's expense, which expense CITY
agrees to pay to DISTRICT upon demand. CITY shall execute any Quitclaim Deeds
required by DISTRICT in this regard.
11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be
transferred, apportioned or assigned without the prior written consent of DISTRICT.
12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe
that access or other secondary rights are conveyed by this document over any of
DISTRICT's adjacent lands lying outside of the aforesaid strip of land above
described.
13. ENTIRE AGREEMENT: This grant of easement contains the entire agreement
between the parties hereto and shall not be modified in any manner except by an
5
instrument in writing executed by the parties or their respective successors in
interest.
14. CONSTRUCTION: This grant of easement shall not be construed as if it had been
prepared by one of the parties, but rather as if both parties have prepared it. The
parties to this grant of easement and their counsel have read and reviewed this
grant of easement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to the
interpretation of this grant of easement.
15. SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein
contained shall inure to the benefit of and be binding upon the heirs, successors
and assigns of the respective parties hereto.
16. No obligation other than those set forth herein will be recognized.
IN WITNESS WHEREOF,this Grant of Easement is signed and executed this 20TH day of
`UNE �2000
CONTRA COSTA COUNTY FLOOD CITY OF BRENTWOOD
CONTRO & WATER SERVATION
DISTRIC
By By. SEE RESOLUTION 99-170 ATTACHED
hair, Boar Supervisors
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
STATE OF CALIFORNIA }
COUNTY OF CONTRA COSTA }
on .lune 20 0 2000 before me,Phil Batchelor,Clerk
of the Board of Supervisors and County Administrator,Contra
Costa County,personally appeared nna Gerber-
-,who is personally known to me(or proved to me on the
basis of satisfactory evidence) to be the person(s) whose
names)istare subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/herRheir
authorized capacity(ies),and that by his1her/their signature(s)
on the instrument the person(s), or the entity upon behalf of
which the person(s)acted,executed the instrument.
By: AIA k4glo
Dep er c
Form Appro ed(07199}
Victor J.Westman,County Counsel
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G:IG rpData\Real Prop12000-Files100-2\EA17PA-MarshCrkeasmt4.doc
6
Grantor: Contra Costa County Flood Control and
Water Conservation District
Grantee: City of Brentwood
t
EXHIBIT 'A'
WATER. PIPELINE EASEMENT
All that certain real property situated in the City of Brentwood, County of Contra Costa, State
of California, described as follows:
A non-exclusive easement over a portion of the Contra Costa County Flood Control District
Marsh Creek Right-of-Way, said parcel of land is described in the Deed recorded in Book 4738
of Official Records, at Page 460, in the Office of the Recorder of the County of Contra Costa,
State of California, being a strip of land 4.572 m (15.00 feet) in width, the centerline of which
is described as follows:
Commencing at a found 1 1l2" iron pipe tagged LS 3251, said point being the southwest comer
of Parcel B, as designated on the Parcel Map recorded in Book 45 of Parcel Maps, at Page 39,
in the Office of the Recorder of the County of Contra Costa, State of California, said point also
being on the easterly line of previously mentioned Marsh Creek Right-of-Way (4738 OR 460);
thence leaving said iron pipe along the boundary line common to said Parcel B (45 PM 39) and
Marsh Creek Right-of-Way (4738 OR 460), North 39000'00" East, 5.099 m (16.73 feet) to the
Point of Beginning; thence leaving said common boundary line South 89058'50" West, 47.862
m (157.03 feet) to the point of terminus, said point being on the westerly line of previously
mentioned Marsh Creek Right-of-Way (4738 OR 460).
The easterly terminus of said strip of land is a line drawn North 39°00'00" East and South
39°00'00" West from said point of beginning and the westerly terminus of said strip of land is
a line drawn North 39000'00" East and South 39°00'00" West from said point of terminus.
Containing an area of 219 square meters (2,355 square feet), more or less.
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98009LGT.002 June 19, 1999
4 Grantor: Contra Costa County Flood Control and
Water Conservation District
Grantee: City of Brentwood
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WATER PIPELINE EASEMENT EXHIBIT RMRSUBDIVISION 7975 Design Group
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RESOLUTION NO. 99-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
AUTHORIZING THE CITY CLERK TO ACCEPT ON THE CITY'S BEHALF CERTAIN
INTERESTS IN REAL PROPERTY
WHEREAS, Government Code Section 27281 provides that Instruments
conveying an Interest In real property to the City may not be recorded without a
certificate of acceptance from the City Council; and
WHEREAS, Government Code Section 27281 also provides that the City Council
may, by a general resolution, authorize one or more officers to accept instruments
conveying an Interest in real property by executing a certificate of acceptance;
WHEREAS, the City Council desires to delegate to the City Cleric the authority to
accept real property interests on behalf of the City only as to certain "offers of
dedication", "rights of entry" and "minor property acquisitions". C)ffers of Dedication are
defined as the conveyance of real property for public use as an outright donation, in
exchange for the granting of any land use entitlement by the City (such as subdivision
maps, building permits or zone changes) or to satisfy mitigation requirements resulting
from an environmental review. Rights of Entry are possessory interests in real property
whereby the City Is authorized, for a short duration and for a limited purpose, to enter
upon real property and engage In work for the public benefit. Minor nrooerty
acggisit o s are defined as negotiated acquisitions not under the threat of eminent
domain for minor real property interests in the nature of an easement or fee interest for
a public purpose.
NOW THEREFORE, the City Council of the City of Brentwood does hereby
resolve that:
1. The City Cleric may accept on behalf of the City Council Rights of Entry so long
as each right of entry is memorialized In a written document signed by the
property owner, made upon the written recommendation of the City Engineer,
Public Works Director or Community Development Director, and obligates the
City to compensate the property owner, if at all, In an amount not to exceed
$5,000.
2. The City Cleric may accept on behalf of the City Council Offers of Dedication of
an easement, right of way or fee Interest in real property so long as each offer is
evidenced by a written Instrument signed by the offering property owner,
Irrevocably and without conditions to Its acceptance, and without expectation that
cash compensation or reimbursement will be made by the City.
\\Srvcr ac=tng\cacorm=\kdiaz\WPFMES\CC\99-I70.doc
�►' d -cry ;�
.Exhibit "A
CERTIFICATE OF ACCEPTANCE
OF
AN INTEREST IN REAL PROPERTY
BY
THE CITY OF BRENTWOOD
(Government Code Section 27281)
This is to certify that the [offer of dedication or minor property acquisition] is an interest
in real property conveyed by the instrument from Contra Costa County Flood Control and Water
Conservation District, a political subdivision of the State of California to the City of Brentwood,
a general law city in the State of California,and is hereby accepted by the undersigned City
Clerk on the City Council's behalf pursuant to the authority of the City Clerk to accept offers of
dedication conferred by City Council Resolution No. 99-170 adopted on July 13, 1999. The City
further consents to its recordation.
ACCEPTED:
Dat aren Diaz, City Cle
Recommended for Acceptance:
X/
le:e)
ate ohn Stevenson, it ineer
KAR0W\wpfi1es\F0RMS\Certificate ofAcceptance.doc
Tlx: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District
FROM: MAURICE M. SHIU, CHIEF ENGINEER
DATE: JUNE 20, 2000
SUBJECT: DRAINAGE AREA 1010 MS 860-90
Project No.: 7580-6D8336 Task: ACQ Account: 3540
1. Recommended Action:
ACCEPT Grant of Easement dated May 30, 2000 from Hakam S. Mission and Simrat K. Mission, and
DIRECT the Real Property Division to have the Grant of Easement recorded in the office of the County
Recorder.
11. Financiallmpact:
None.
111. Reasons for Recommendations and Background:
These property rights are required for the development of MS 860-90.
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 SIGNATURE:
RECOMMENDATION OF COUNTY ADMINIS RAT
_RECOMMENDATION OF BOARD COM
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUNE 209 2000 APPROVED As RECOMMENDED OTHER_
VQTE OF SUPERVISORS
VR
UNANIMOUS(ABSENT NUS }
AYES: NOES: copy
hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Meh date shown.
G:\GrpData\RealProp\2000-Files\BOs&RES\Bo12_1010.doc ATTESTED: JUNE 20, 2000
Orig. Div: Public works(R/P) PHIL BATCHELOR, Clerk of the Board of
Contact: L. Lucy Owens(313-2229) Supervis nd County Administrator
CC.' County Administrator fI)) ;
Auditor-Controller(via R/P) By "1 Deputy
P.W.Accounting
Recorder(via R/P)
Recorded request by: )
Contra Costa County Flood Control
& Water Conservation District
When Recorded Mail to:
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: L. Lucy Owens
Portion of Assessor's Parcel No. 2016-010-049 Project: DA 1010 Ms 850-90
Project No.:7580-6D8336
GRANT OF EASEMENT
For good and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, the undersigned,
HAKAM S. MISSION and SIMRAT K. MISSION, husband and wife as community property,
("GRANTOR") hereby grants to CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT, a political subdivision of the State of California,
("DISTRICT") a perpetual easement in, over and across the real property situated in the
County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A HEREOF.
The easement herein granted shall be for the right to enter upon said land with personnel,
vehicles and equipment to perform activities necessary to maintain adequate flow capacity
of West Alamo Creek and its tributaries by said GRANTEE, its officers, agents, and
employees, and persons under contract with it and their employees whenever and
wherever necessary for flood control purposes. Subject property maybe subject to sliding
or erosion. DISTRICT shall have no obligation to maintain or repair such damage unless
in DISTRICT's sole discretion, such damage affects the flow capacity.
The easement herein granted includes the right to make any necessary earth fills and to
locate or relocate existing drainage pipes or structures in connection therewith on lands
of the GRANTOR lying outside said easement, provided that after such fill and location or
relocation is completed said lands of GRANTOR will be left in a neat and orderly condition.
GRANTOR agrees not to further encumber or install, place or construct or cause to be
installed, placed or constructed any structures, facilities, growth or vegetation of any nature
within or over the herein described property without the prior written approval of the
DISTRICT.
TO HAVE AND TO HOLD, together with the right to do all things necessary to be done for
the purpose of confining the waters of said stream and its tributaries within said right of
way.
THIS indenture and all of the covenants herein contained shall inure to the benefit of and
be binding upon the heirs, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF this grant of Easement is signed and executed this C3
day of .`��_` , 2000.
By_.h G' �,
skarn S. fission
By
Simrat K. Mission
ATTACH APPROPRIATE ACKNOWLEDGEMENT
LO:gpp
G:1GrpData\Rea1Prop\1999-Files\99-9\EA11 exx2.doc
Revised 7/19199
Revised 5/8/00
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ALAMEDA
MICHELLE BOGOSIAN, NOTARY PUBLIC
On tl �,t°� D before me, -
- Daae Name and Thle of Officer(e.g..'Jana Doo.Notary Putilicry
personally appeared * ✓l Cl'`! - ".'
Name($)of Signer(a) A
roved to me on the basis of satisfactory evidence to be the ino
whose Aai�i r ubscribed to the within instrument
and acknowI d to me tha# he executed the
Same in #h authorized es and iha by
niiniiiuiinon((nitnnuui i i� 'LL 'BOGOSIAiN th i� n the instrument the
COMM,*"3""'B t Huai)o• rori3a or the entity upon behalf of which the s cted,
NARY
gAmwA executed the instrument.
ip W �
WITNESS my hand and official seal.
�nnanannme�rnn��tn+ tmtt +s���fnn�rnntn+ntnntnf�n
signatura of Nawy Public
OPTIONAL 4
1 ;hough the information below is not requlred by taw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this foram to another document.
Description of Attached Document
Title or Type of Document:
� Document gate: Number of Pages:
} Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signer(s)
- Signer's Name: Signer's Name:
iIndividual 1C Individual
Z, Corporate Officer i Corporate Officer
T itle(s): Title(s):
t Partner---0 Limited C General C: Partner---Ci Limited Z General
Attomey-in-Fact Attorney-in-Fact
Z Trustee :•• C: Trustee • et,.,.
Guardian or Conservator . �, ,• C Guardian or Conservator . . .t `
Other: Top of thumb here Ci Other: Too of thumb here
t
Signer Is Representing: Signer is Representing:
C 1964 Nalson.t Movary AbWetahoM-8246 4 snurwt Ave..po.Box 71$+•Canoga Pari,CA 91949.71$4 Pmo.No.5947 Recroar.Can Too-Pros 1-eC4.87B-&927
EXHIBIT"A"
ALL THAT REAL PROPERTY IN THE TOWN OF DANVILLE,COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCEL"A"AS SAID PARCEL IS SHOWN ON THAT CERTAIN
SUBDIVISION MS 860-90 FILED OCTOBER 1, 1991,IN BOOK 154 OF PARCEL MAPS,AT PAGE
43,CONTRA COSTA COUNTY RECORDS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY, CORNER OF SAID PARCEL"A"ALONG A CURVE TO
THE LEFT FROM A TANGENT WHICH BEARS SOUTH 01012' 33"WEST,HAVING A RADIUS OF
528.50 FEET,A CENTRAL ANGLE.OF 030 01' 28",AN ARC LENGTH OF 27.90 FEET;THENCE
NORTH 010 49' 01"WEST,38.31 FEET; THENCE NORTH 530 04' 10"EAST,43.31 FEET; THENCE
NORTH 580 34' 58"EAST,22.43 FEET; THENCE NORTH 71°49' 53"EAST,3.13.FEET; THENCE
SOUTH 470 32'10"EAST, 8.01 FEET; THENCE NORTH 71'54' 58"EAST,27.17 FEET; THENCE
NORTH 110 36' 17"EAST, 7.98 FEET; THENCE NORTH 74 ° 15' 53"EAST, 19.35 FEET; THENCE
NORTH 770 13' 34"EAST,25.09 FEET;THENCE NORTH 79'04' 50"EAST,64.40 FEET; THENCE
NORTH 570 20' 34"EAST,26.31 FEET; THENCE NORTH 01'42' 55"EAST, 8.22 FEET; THENCE
NORTH 550 05'46"EAST, 11.82 FEET; THENCE NORTH 660 05' 42"EAST,27.18 FEET;THENCE
NORTH 660 58' 29"EAST, 5.70 FEET; THENCE NORTH 760 25' 43"EAST,29.13 FEET; THENCE
NORTH 76027' 51"EAST,28.20 FEET; THENCE NORTH 760 48' 16" EAST,9.74 FEET; THENCE
NORTH 730 39' 06"EAST, 12.29 FEET; THENCE NORTH 71139' 31"EAST, 17.15 FEET; THENCE
NORTH 660 33' 12"EAST, 8.07 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL
"A"; THENCE SOUTHEASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL"A",
SOUTH 810 11' 22"EAST, 115.71 FEET; THENCE LEAVING SAID NORTHERLY LINE OF
PARCEL"A"ALONG A CURVE TO THE RIGHT FROM A RADIUS WHICH BEARS NORTH 600
49' 49"EAST,HAVING A RADIUS OF 19.50 FEET;A CENTRAL ANGLE OF 371158' 48",AN ARC
LENGTH OF 12.93 FEET;THENCE SOUTH 08'48' 38"WEST, 8.00 FEET;THENCE NORTH 810 1 I'
22"WEST,57.55 FEET; THENCE SOUTH 710 12' 35"WEST, 133.64 FEET;THENCE SOUTH 570
52' 45"WEST,50.41 FEET' THENCE SOUTH 670 40' 08"WEST, 106.68 FEET; THENCE SOUTH
720 36' 56"WEST,38.22 FEET; THENCE SOUTH 620 37' 27"WEST, 125.63 FEET TO THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION.
CONTAINING 24,996. SQUARE FEET OR 0.573 ACRES MORE OR LESS.
TOGETHER WITH AND RESERVING THAT PORTION OF A 30 FOOT LANDSCAPE EASEMENT
AND A 15 FOOT SEWER EASEMENT LYING WITHIN THE DESCRIBED PROPERTY ABOVE,AS
SAID EASEMENTS ARE SHOWN UPON THAT CERTAIN SUBDIVISION MS 860-90 FILED
OCTOBER 1, 1991,IN BOOK 154 OF PARCEL MAPS,AT PAGE 43, CONTRA COSTA COUNTY
RECORDS.
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O:+ BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: JUNE 20, 2000
SUBJECT: APPROVE CONTRACT BETWEEN THE BLACKHAWK CHAD AND DOVER
CONSTRUCTION IN THE AMOUNT OF$149,000.00 EFFECTIVE JULY 13 2000 THROUGH
JUNE 30, 2001, DANVILLE AREA. (WO 5147)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE William R. Gray and Company, as General Manager of the Blackhawk
Geologic Hazard Abatement District (GHAD), to execute a contract between the Blackhawk GHAD and
Dover Construction for landslide repair work on the District preventative maintenance and major repair
programs for the Blackhawk GRAD in the amount of$149,000.00.
Continued on Attachment:X SIGNATURE:
asaaaa
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUNE 20, 2000 APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SE:df
G:\GrpData\SpDist\Board Orders\2000\6 Junc\6-20-00.doe I hereby certify that this is a true and correct copy of an action
Orig.Div: Public Works(Special Districts) taken and entered on the minutes of the Board Of Supervisors
Contact: Skip Epperly(313-2253) On the date shown.
CC., County Administrator
Assessor
Auditor-Controller
Community Development JUNE 20) 2000
County Counsel ATTESTED:
Blackhawk820 Bonanza
Strc/oeet,
William Gray,Co 945 PHIL BATCHELOR,Clerk of the Board of Supervisors and
1820 Bonanza Street#204.W.C.,CA 9$594 County Administrator p
By Deputy
StJBJM�CT: APPROVE CONTRACT BETWEEN THE BLACKHAWK GHAD AND DOVER
CONSTRUCTION IN THE AMOUNT OF$149,000.00 EFFECTIVE JULY 1,2000 THROUGH
JUNE 30,2001,DANVILLE AREA. (WO 5147)
DATE: JUNE 20, 2000
PAGE 2
II. FinancialImaact:
There will not be any impact on the County General Fund. The Blackhawk GHAD is funded through
revenues generated by County Service Area M-23.The proposed contract amendment is consistent with the
proposed FY 00101-program budget.
III. Reasons for Reeommendatian and Background:
The GHAD's Preventative Maintenance Program is designed to prevent future landslides and includes
funding for the CHAD to respond to and evaluate reports of landslides and/or potential landslides.
Additionally, funding for the contract will provide for debris clean-up and the minor repair program of
landslides in the Blackhawk area.
Dover Construction provided similar services to the Blackhawk CHAD during Fiscal Years 1998-1999 and
1999-2000 and these services were reported as being satisfactory by the General Manager of the CHAD,
therefore, it is the recommendation of the General Manager that a new annual contract be approved with
Dover Construction for similar services.
IV. Consegnences of Negative Action
Without Board approval, the Preventative Maintenance and Minor Repair Programs for the Blackhawk
CHAD would not be instituted.
CONTRACT
Stwxtard]Fora Maintenance services Agreement
1. ;,pMar_7'rRUP. far. a special term are incorporated below byreferestcc,
(See Sees.43) Parties: Public Agency - Elackhawk Geologic Hazard Abatement District
Contractor - Dover Construction
Efficetive Bate: July 1,2000
(See Sec.3)Project,Name,Number and Location:General Maintenance Activities.located in the;Blaelchawk
Community,Danville,California at+e„a.
The work consists of on call maintenance sea-vim as described in Akrpendix A.
(See Sec.4)Duration: luau 30,2001
(Sec Sec.4)Public Agencys Agent: Nancy Curmingham,Office Manager,William R.Gray and Cumpany
(Set Sec.5)Contract Limit S149,000.00
(Set Sec.6)Federal Tatlpayces J.D.or Social Security No. 91-1769377
Public AEcricy,By:
William R.Gray and Company,
General Manager
Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 18.67•gttd 37{1�..'
concerning W 'Ca on
(Desip,nate offtcias capacity in the btutinoes) -
By:
(1)esignate official capacity in ttte busiacss)
t tru t„lConrraglar, For coMwAtions,the contract must be signed by two otiicers. The first signature must be that of the cittaitttatat
of dhc board,prftidcnt or vice presidernl the sword signature must be that of due seer Wy,assistmt secretary,chief financial ofcor
or assistant t=surcr. (Civi(CWc,Semon 1190 end Corporations Code,Section 313.) 7be ackuowlodgment below must be signed
by a Notary 1hublic.
CERTMCA E, ter ACKNOWLEDGM NT
State 4f California )
ss.
County of s�.A-- }
On the date Written clow,before <, s"i.x-.��.�peasonatly appeared(inscrr name mut,title
of Me ntficer} i. � persoaasly trnown to mo(or proved w me on the basis of
satisfucwry evidence) to be the persan(s) whose name(&) idose subscribed to the within instrument and acknowledged to me that
Wss a4hay executed the same in hisALr.,rltLak authorized capacity(ies), and that, by hislher+4bL� r siguantre(s) on tate instrument the
person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my h a d official zeal.
fv OD
Dated: — VL . .
(Notary Seal) (Notary tic)
Zi
STEPHEN M.WONG
�- 00 M#1239005 Q
M7'ARY Ptllttx`fi.RL�►
tali Aa 2t.20M (pup I of 9)
3. WQRTC CONTrt CM ruar era S. (a) By their sipatuares in Section 2,effective on the above data,these patties promise and
agree as set forth in thi#contract,incorporating,by&ese reAM11ccx The material in Section 1,SPECIAL T)e MS.
(b) Contractor shall,at his own cost and expense,and in a workmanlike m mer,fully and,faithfully pergorm,and con 1plete die
work;and will furnish all materials,labor,services and transpottanion necessary,oonvenient and proper in order fairly to perTunn the
tcquircm=ts of this contract,all strictly in accordance with the scope of work as doson`bed in Appendix A.
(c) The work.can be changed only with Public Agmeys prior written order specifying such change and its cost agreed to by the
parties;and the public Agency shall nava have to pay mare than specked in Section 5,P'AYM NT,without such an order.
4. 31bdP,_lYC1T.T.r"'x�Mute Pat nrPM Contractor shall start this work as directed by the General Manager of his Agent or the Notice
to Proceed;and shall complete it as specified in Section 1,SPgC;1AL T IMMS.
S. PAYMENT ,Public Agency shall pay Contractor for 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 cxpensft specifically itemised in Appendix B shall be reimbursable by Public Agency to Contractor,
provided that Contractor submits copies of receipts and,if applicable,a detailed mileage log to Public Agency. to no event shall the
toml amount paid to Contractor excited the payment limit(s)specified in the Contract limits without prior written approval of the
Public Agency.C:ontracttu's billing statements shall be submitted W.ccavenient intervals approved by Public Agency and shall list,
for each item of service,the employee catcg mics,hours and rates, Contractor shall also submit with each invoice a conditional,lien
Mmc o cove wank performed under said invoice. Public Agency will pay Contractor In accordance with the requirements orCivil
Code Section 3320 as applicable.
6. 1'A YN'i^.2ItTT.t1 I ri (a) The Public Agency or its Agent may withhold any payment,or because of later discovered
evidence nullify all or any certificate for payment,to such extent and period or time only as may be necessary to protect the Public
Agency from loss because of
(1) Defective work not remedied,or uncompleted work,or
(2) Claims filed or removable evidence indicating probable filing~,or
(3) Failure to properly pay subcontractors or for material or labor,or
(4) Reasonable doubt that the work can be completed for the balance then unpaid,or
(5) Damage to another contractor,or
(6) Damage to the Public Agency,other than damage due to delays,
(b) T= Public Agency shall use reasonable dil*noe to discover and report to tate Contractor, as dna work:progresses, the
materials and labor which are not satisfactory to It,so as to avoid unnecessary trouble or cost to the Contractor in making good any
de£tctive work or parts.
7. TV4Z iANCp A Contractor performing services under this contract shall provide at all times the follcuwing insurance in
armutrmts not less than those specified. (a)workorsk Compensation Insurance complying with the laws of the State ofCatlfornia;
and(b)Comprehensive General Liability Insurance,including blanket contractual(or contractual liability)coverage,broad form
property damage Coverage,and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of
51,000,000 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 William R.Gray and Company,Contra Costa
County,Blackhawk CHAD,Sands Construction,and their boards,officers and employees as additional insured. Contractor is
aware of and complies with Labor Coda Section 3700 and the Workers'Compensation Law,
8, ;3S Contractor shall provide,if the contract exceods 525,000.00,at the time of the execution of this contract,and at no
additional expense to the Public Agency,s.surety bond executed by an adrnitted surety insurer in an amount equal to at least fifty
percent(501A)of the contract price as security for the payment of all persons peribuming labor and furnishing materials In connection
with said agreement. Sureties o(said bond shall be saarisfactory to the Public Agency.
9, FA I I JI Ll~�'O at A If the Contractor at any time refuses or neglects,without fault of the Public Agency or its
agtost(s),
to supply sufcitnt rnatcrWS or workmen to Mete this agreement and wont as provided herein, rear a period of 10 days or more
after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the resnsonablc expenses thereof
from the contract price.
(Page 2 of 9)
r!�
10, t Z A E Y Both parties recognize the applicability of various federal, state and local laws and regulations, espeeiully
Chapter I of fart 7 of the C41itornia labor Code(begiming with Section 1720,and including Sections 1735, 1777.5,and )777.6
forbidding discrimination) and intend that this agreement complies therewith. The patties specifically stipulate that the relevant
penalties and forfeitures provided in the:Labor Code,especially in Sections 1775 and 1813,concerning prevailing wages and hours,
shall apply to this agreement as though fully stipulated herein.
11. fit ISCOWIR n r•TKIR& Contractor shall not subcontract any work without approval of the General Manager.
12. 2E&CI+ 1t Art+S (a) Pursuant to Labor Code Section 1773, the Director of the Department of industrial Relations has
ascertained the g+encrsi prevailing rates of warms per diem,and for holiday and overtime work,in the locality in which this work is to
be perfomv4 for each craft,classification,or type of workman needed to execute this contract,and said rates are as spocified in the
call for bids for this work and arc on file with the Public Agency,and are hereby incorporated herein.
(b) This schodule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate
multiplied by the number of hours constituting the working day. When less than that number of hours arc worked,the daily wage raze
is proportionately reduced,but the hourly rate remains as stnted.
(c) The Cont meter,and all his subcontractors, must pay at least these rates to all persons of this work,including all travel,
subsistcatcc,and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not liatad
above must be pail at least the wage scale established by collective bargaining agreement for such labor in the locality where such
work is being perforrnod. If it becomes nectswy for the Contractor or any subcontractor to employ any person in a =f�
classification or Type of work(except executive,superviscty,administrative,clerical or outer nen-manual woftrs as such)for which
no minimum wage.sate Is specified.the Contractor shaft irnmediately notify the Public Agency which shall apply from the time or the
initial employment of the person affected and during the continuance of such employment.
13, tar°nr IRS OR I-AE 3x Eight hours of labor in one calendar day constitutes a legal day's work,and no work:%%=employed at any
time on this work by the Contractor or by any subcontractor shall be requiresd or pmrtnitted to work longer therm except as provided
in L*or Code Sections 18104815.
14. a!►PP - Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections
1777.5 and 1777.6,forbidding discrimination.
15. IMSTRp M PE VME 1COW01" of t:t"s P-A_META.. The Public Agency desires to promote t' . industries and
economy of Contra Costa county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics
of this County in every case where the price,fitness and quality are equal.
16. ASSIMMMM The Agreement binds the heirs,suocessors,assigns,and represcatativc s of the Contractor,but he comet assign
it in whole or in part,nor any monies due or to become due under it,without the prior written consent or the Public Agency and the
Contractor's surety or sureties,unless they have waived notice of assignment
17, N WANERRYPTITIVICAGEh= h specdon of the work and/or material.,or approval of work and/or materials inspected,
or statement by any officer, agent or erttploycc of the public Agency indicating the work or any parr.tttc wf complies with the
roquirtm is of payments therefor,or any combination of these acts,shall not reliever the Contractor of his obligation to fulfill this
contract as presenibod;nor shall the Public Agency be thereby estopped from bringing any action Cor damages or enforcement arising
from the failure to comply with any or the terms and conditions hereof.
13. I3t:1I.J 14A_IMIS ANDIMPM=- (a) Contractor promises to and shall bold harmless and indemnify from the liabilities
as defined in this section.
(b) The indenmitees bentAted and protected by this promise are William R Clray and Company, Conus Costa County,
Slacckhawk GRAD,Sands Construction,and their elective and appointive boards,commissions,officers,agents and employees.
(c) The:liabilities protected against are any liability or claim for damage of any land allegedly suffered,incurred or thrcatcacd
because of actions defined below,including but not limited to personal injury,death,property damage,trespass,nuisance,invem
condemnation,patent infringement,or any combirw-ion of these,regardless of whether or not such liability,clams or damage was
unfxaresaeable at any time before the Public Agency approved the improvement plans or accepted the improvements as completod,
and including the defense of any suit(s)or action(s)at law or equity concerning these.
(Page 3 of 9)
(d) The actions causing liability We any act or omission(negligent or nein-negligent)in connection with the matters covered by
this contract and attributable to the contractor,subcontractor(s),or any offices s),agent(s)or employee(s)of one or more of thews.
(e) Non-Conditions: The promise and agre:enient in this section is not conditioned or dependent on whether or not any
indemnitee has prepared,supplied,or approved any Plan(s), drawing(s),specificadon(s) or special provision(s)in connection with
this work,has insurance or other indemnification covering any of dress matters,or that the alleged darnzat resulted partly from any
negligent or willful misconduct of any indemnitee.
19. FX[•_ay rs:rtntl_ C=aZCWr shall comply with die provisions of labor Code Section 6705, if applicable,by submitting to
Public Agency a detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection
from the hazard of caving ground during trench excavation.
20. RBC 17 aEjMM nl Except for records delivered to Public Agency,Contractor shall retain,for a period of at least five
years after Contractor's receipt of the final payment under this contract,all records prepared in the performance:of this contract or
otherwise pertaining to the work, including without limitation bidding, financial and payroll records. Upon request by Public
Agency, Contractor shall make such records available to Public Agency,or to authorized representatives of the state and fe dcral
govemments,at no additional charge and without restriction or limitation on their use,
21. i mP E BRIUATE p tsRtts;•'ry- Contractor shall not use private property for any purpose in connection with the work absent a
prior,written agreement with the affected property owner(s).
22. ,2r_ AND WAGE B&TES 7'he stait=cat of prevailing wages appearing in the Equipment gAntal Rates and General
Prevailing Wage Rates is hereby specifically reftod,to and by this reference lc made a part of this contract.
23. CLAL6MS. Resolution of construction claims shall be handled as outlined in Article 20104 of the Public Contract Code,
attached to this contract as Appendix"C".
24, sr rt=stUM=& U p aPnAbr MRqRR,v_lri;- Contractor shall submit for oorWderation a proposal to renew annual
contract no lain than May 15,2001 to the offices of the Sl=kbawk GHAD,located at 1820 Bonanza Street.Suite 204,Walnut
Crcck,Caliromia 94596. Submittal shall be in written form and delivered via U.S.mail.
F-.TATA\GH AD filcsWackliawkXontractslDove:r 00-01 Maintenance Contract.doe
(Page 4 of 9)
Blacichawvk Geologic Hazard Abatement District (GHAD)
Dover Construction
Maintenance Services Contract
Appendix "A" Scope of Work
Under this contract, Dover Construction, (CONTRACTOR), agrees to provide preventative
maintenance services and perform minor repairs under the District's Major Repair program to
the Geologic Hazard Abatement District (GHAD) on an "on call" basis. TW Agreement covers
work commencing from July 1, 2000. Work shall be authorized on a task by task basis. Said
tasks are subject to the payment limited in Section 1 of this Agreement.
Under the direction of the general Manager or his designee, CONTRACTOR agrees to provide
labor and materials to perform tasks to be defined in subsequent task.orders.
(Page S or 9)
Blackhawk Geologic mrd Abatement District (G7)
Dover Construction
Maintenance Services Contract
Appendix "B" Fee Schedule
Fee & Rate Schedule
July 1, 2980 to June 30, 2081
CONSTRUCTION RATES
Laborers: Stage 1 a $45.00/hr.
Stage 2 @ $48.00/hr.
Stage 3 0 $51.00/hr.
Group 1 @ $56.00/hr. (skilled labor jackhammer, concrete saw, pipe layers,
concrete vibrators, chainsaw, etc.)
Group 2 @ $57.00/hr. (concrete handlers, dumpers, laborers and concrete
reinforcing steel work)
Group 4 @ $48.00/hr. (trimming, mowing and landscape maintenance)
Group 5 @ $42.00/lar. (Entry Level laborer)
Dump Truck Driver @ $62.00/br.
Cement Mason @ $63.00/hr.
Equipment Operator @ $73.00/hr.
D6 Dozer with Operator @ $160.00/hr. (includes fuel)
John Deere 690 Excavator w/Operator @ $160.00/hr. (includes fuel)
Labor Foreman: All jobs @ $64.00/hr.
Foreman: All Jobs @ $73.00/hr.
Pickup/Tools: All jobs $19.00/hr.
Gas Cutoff Saw: All Jobs t'r $110.00/day
Water Meter: All Jobs 0 $60.00/day
Generator: All Fobs @ $85.00/day
All rather equipment rentals, materials and subcontractors charged at cost plus 20%.
In case of conflict between the above stated rates and General Prevailing Wale Rates, the
Prevailing Wage Rates will apply.
(Page 8 of 9)
DOVER CONSTRUCTION
1174 Killarney Street
Lluermore, Calif. �94559
Office Phone (925) 373-4813
Oate:May 4, 2888
Fee V Rate Schedule
July 1 , 2986 to June 313, 2991
FOR. Blackhawk G.H.R.O.
c/o William R. Gray, General Manager, GHRO
1829 Bonanza Street, Suite 284
Walnut Creek, Calif. 94568
CONSTRUCTION RRTES
Regular Day re Standby Rates
Laborers. Stage 1 @ $45.118/hr.
Stage 2 @ $+48.88/hr.
Stage 3 @ $51 .88/hr.
Group 1 @ $56.88/hr.
-(skilled labor-jackhammer, concrete saw, pipe
layers, concrete uibrators, chainsaw, etc.)
Group 2 0 $57.88lhr.
(concrete handlers, dumpers, laborers, & concrete
reinforcing steel work)
Group 4 C $48.88/hr.
(trimming, mowing & landscape maintenance)
Group 5 0 $42.981hr.
(Entry Leuel Laborer)
Dump )luck Driver $62.89/hr.
Cement Mason C@ $63.88/hr.
Equipment Operator @ S73.88/hr,
136 dozer with Operator @ $168.eelhr.
(includes fuer
John Deere +698 EHcavator with Operator 0 $168.88/hr.
(includes fuel)
Labor Foreman:flll jobs P $64.88/hr.
Foreman: fill gobs @ $73.88/hr.
Pickup/Tools:Rll jobs @ $19.88/hr.
Rif Terrain Uehicle.Rll gobs @ $12.96/hr.
Gas Cutoff Saw Rif jobs @ 5118.88/day
Water Meter Rif jobs @ $68.88/day
Generator Hit ,fobs 0 $85.88/day
*Rll other equipment rentals, materials and
subcontractors at cost & 29%.
*Emergency Response & Weekend Rates for Foreman are
at 1 1/2 times regular rates.
*Emergency Response V Saturday Rates for all other
personnel are at 1 1 /2 times regular rates.
*Sunday hates for all other personnel are at 2 1/2 times
regular rates.
Blackhawlti Geologic ward Abatement District (GHAD)
Dover Construction
Maintenance Services Contract
Appendix `°C" Resolution of Construction Claims
('ase 9 of 9)
vvv,lv+ � rnA tiv. :U DtiolUtO ]r 11+�
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41
ARTICLE 1.5
P--solution of Construction Claims
1 .y
(Added Suts 1994 ch 726 122 ('All 30169). effective September 21, 1494.
Former Article I.S. alxo etstitled ""Resolution of Corutruaticrn Claims",
eom fisting of f f 20104-.20104.8, was added Stats 1990 ch 1414 §2 and to ,#,
pealed. alterative January 1, 1994,by the terms o0 4 2010¢.8.] _.
dor•
wa
i
20104. Application of article; "Fablic work"; "Claim"
201 D4.''. Requirements to submit claim; Agency's response, Dispute by claimant
over respor►se, Failure of agency to respond; Inapplicability of article
to tart claims
20104.-K Procedures to resolve claims ¢'
20104. Payment of portion of claim which is undisputed;Payment of interest on
arbitration awed or judgment
§ 201.9. Application of article; "Public work"; "Clahn"
(a)(1) This article applitz to all public works cltims of three hundred
sever,ly.five thousand dollars ($375,000) or less which arise between a
colter utor and a local agency.
(2) ?,tis article shall not apply to any claims resulting from a contract �
betw,.en a contractor and a public agency when the public agency has
elect, d to resolve any disputes pursuant to Article 7.1 (commencing
with :rection 10240) of Chapter I of Part 2.
(b)(1`1 "Public work" has the same meaning as in Sections 3100 and ,
3106 of the Civil Code, except that "public work" does not include any
work or improvement contracted for by the state or the Regents of the
Univ.:rsity of California. r.
(2) ":_"laim" inea3ns a separate demand by the contractor for (A) a time
extet cion, (B) payment of money or damages arising from work done '
by, t r on behalf of, the contractor pursuant to the contract for a pub-
lic work and payment of which is not otherwise expressly provided for
or tr.c claimant is not otherwise entitled to, or (C) an amount the
payr,:ent of which is disputed by the local agency.
(c)7 he provisions of this article or a summary thereof shall be set forth t
1n tl a plans or specifications for any work which may give rise to a
clair•Y under this article.
401 +:
6 (!;� . l:
• .. ..w ,ui .v►►, ► wutt.rLe. fM RV, U tiyrliuld
i
{ §20104 CONTRACTING BY LOCAL AGENCIES
(d) This article applies only to contracts entered into on or after
i January 1, 1991.
4 Added Stats 1994 ch 726 §22(AS 3069).effective Septcrabt:r 21, 1994,
i
Fertaer Sectioas.
For mcr§20164,similar to the present section,was added Stats 1990 ch 1414§2 and repeated,
aperative January t. 1994,by the terms of§ 20104.5.
Former$20104 was allied Starts 1490 eft 32112.cttectivt July 16. 1910, and renumbered to
1 be§10103.5 by St.tts 1990 ch 1t14 11.
M • •
fi § 20104.2. Requirements to submit claim; Agency's response; Dispute
by claimant over respolnw;Failure of agency to respond;Inapplicability
of Article to tort daims
For any claim subject to this article„ the following requirements apply:
(a) `The claim shall be in writing and include the documents necessary
to substantiate the claim. Claims must be filed on or before the date of
i fihsl payment. Nothing in this subdivision is intended to extend the
time limit or supersede, notice requirements otherwise provided by
contract for the filing of claims.
(bXl) For claims of less than fifty thousand dollars (SSO,000), the 1=1
agency shall respond in writing to any written claim within 45 days of
rescue pt of the claim, or may r best, in writing, within 30 days sof
receipt of the claim, any additional documentation supporting the claim
or relating to defenses to the claim the local, agency may have against
the claimant.
(2) If additional information is thereafter required, it shall be requested
and provided pursuant to this subdivision, upon mutual agreement of
the local agency and the claimant.
(3) The local eney's written response to the claim, as further
� documented, shall be submitted to the claimant within 15 days after
receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional in-
formation, whichever is greater.
y (c)(1) For claims of over fifty thousand dollars ($50,000) and less than
or equal to three hundred seventy-five thousand dollars ($375,000), the
local agency shall respond in writing to all written claims within 60
d
days of receipt of the claim, or may request, in writing, within 30 days
! of receipt of the claims, any additional documentation supporting the
4 claim or relating to defenses to the claim the local agency may have
against the claimant.
(2) If additional information is thereafter required, it shall be requested
and provided pursuant to this subdivision,. upon mutual agreement of
the local agency and the claimant.
(3) The local agency's written response to the claim, as further
documented, shall be submitted to the claimant within 30 days after
receipt of the further documentation, or within a period of time t1a
40'2
I -all 4114 kalf4d4v IV
PUBLIC CONSTRUCTION ACP §20104,4
ercatar 0,30 that taken by the claimant in producing the additional in-
formatior. or requested documentation. whichever is greater.
(d) if the-claimant disputes the local agency's written response, or the ;
16ccal agency fails to respond Within the time prescribed, the claimant
way,so 1 otify the local agency, in writing, either within 15 days of
apt o,` the local agency's response or within 15 days of the local
ngancy's' ailure to respond within the time prescribed, respectively, and
dernand -tn informal conference to meet and confer for settlement of u.
the issue: in dispute. Upon a demand, the local agerwcy shall schedule
a meet c nd confer conference within 30 days for settlement of the
dispuM
(e) Folk wing the meet and confer conference, if the claim or any
ornon i emains in dispute, the claimant may file a claim as provided
m Chapt.-r l (commencing with Section 900)and Chapter 2 (commenc-
Mg witl. Section 910) of Fart 3 of Division 3.6 of Title I of the
Govcrnt lent Code. Forpu sea of those provisions, the running of the 'r
veriod of time within which a claim roust be filed shall be tolled from
c tint the claimant submits his or her written claim pursuant to :
iubdivis."an (a)until the time that claim is denied as a result of the meet
and comer proms, including any period of time utilized by the meet
and coner process.
(i)This article does not apply to tort claims and nothing in this article
is intent'ed nor shall be construed to change the time periods for fling f
tart clai.ns or actions specified by Chatptcr l (commencing with Section
9th) at.d Chapter 2 (commencing with Scotion 910) of part 3 of
Divisio.1 3.6 of Title 1 of the Government Code.
4
R.&W St :s 1994 ch 726 122 (AB 3069), effective September 21. IM,
gamer 5 xoom
Fortner 1'20104.2, tite Ur to the present section, wsA added Stals 1950 ah 1424 j 2, amended
Stats 1991 ch 1029 § 1. and repealed, operative January 1. 19%,by the terms or§2=4.s.
301044. Procedures to resolve claims r
The fo Jowing procedures are established for all civil actions filed to
iesolvr claims subject to this article:
(a) Within. 60 days, but no earlier than 30 days, following the filing or
�►pon,ive pleadings, the court shall submit the matter to nonbinding
taediarson unless waived by mutual stipulation of both parties. The
mediatt'on process shall provide for the selection within 15 days by bath
putaas of a disiaterestthird person as mediator, shall be commenced 1{ a
*ithin 30 days of the submittal, and shalt be concluded within 15 days
from t 2e commencement of the mediation unless a time requirement 1s '
batheed upon a good cause showing to the court or by stipulation f
axtics. If the parties fait to select a mediator within the 15-day
Petioc'. any party may petition the court to appoint the mediator.
..
403
� §20144.4 CONTRACTING 13Y LOCA1. AGEN'CtES
(b)(1) If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (commencing with Section
i 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwith-
standing Section 1141-11 of that code. The Cavil Discovery A.ct of 1986
(Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of
Part 4 of the Code of Civil Procedure) shall apply to any proceeding
brought under this subdivision consistent with the rules pertaining to
l '"1
judicial-arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the
parties, arbitrators appointed for purposes of this article shall be
experienced in construction law, and, upon stipulation of the parties,
inkiators and arbitrators shall be paid necessary and reasonable hourly
rates of pay not to exceed their customary rate, and such fees axed ex-
i ' perses shall be paid equally by the parties, except In the case of
t arbitration where the arbitrator, for good cause, determines a different
i{` division. In no event shall these fess or expo mes be paid by state: or
+ county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of
t `Tule 3 of Part 3 of the Code of Civil Procedure, any party who after
receiving an arbitration award requests a trial de novo but dares not
i obtain a more favorable judgment shall, in addition to payment of costs
and fees under that chapter, pay the attorney's fees of the other party
arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to
participate in the mediation or arbitration process.
Added Stag 1994 tsh 726 5 22(AB 2069),e1[ectivc September 21, 1994.
Farmer SOC66".
` Forma §20104.4,sissilar to tbt Present scction,,was added Stats 1994 ch 1414 12.amended
SSttts 1991 ch 1029 4 4 and reres18.operative January 1, 1994,by the terms of J 20104.8.
1.
20104.6. Payment of portion of claim which is undisputed; Payment
of interest on arbitration award or judgment
(a) No local agency shall fail to pay money as to any portion or a cla,irn
{ 'which is undisputed except as otherwise provided in the contract.
4 (b) Tn any suit fled under Section 20104.4, the local agency shall pay
interest at the legal rate on any arbitration award or ,judgment, The
interest shall begin to accrue on the date the suit is Sled in a court of
law.
Added Stats 1994 eh 726§22(AS 3069),ctl'active Septsmbcr 21, 1994.
Ponaler t9etsiQ+as:
Fonder J 20104.6, sinjUr to the present section. was added Stars 1940 ch 1414 ;2 and m
pealed.opersdre Jaeuary 1, 1994,by the terms of 1 20104.$.
a
§ 20104.13. [Section repealed 1993.1
!
Added Strati 1990 eh 1414 4 2 (AB 4165). Repealed, operative January 1. 1994, by It' 0-11
terms.
404
As stipulated in the Labor Code, Section 1861, each contractor to whom a public works contract
is awarded shall sign and file with the awarding body the following certification prior to
performing the work on the contract:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
'.4), 6- 07- o0
Signature date
Rrint Name
1
O V Co.") SI-9-u G-n W
Name;of Contractor
FADATMOHAD ftles\J 3tackhawk\Wrks Compaain Cert Sipaturc.doc