HomeMy WebLinkAboutMINUTES - 06272000 - C11-C15 l�
Recorded at the request of:
Contra Costa County
Public Works Department
Engineering Services Division
Return to.
Public Works Department
Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 27, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTIONNO.: OtxSI.�
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the fallowing instrument is hereby ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Grant Beed of MS 6-93 Christine R. Reese, Martinez
Development Rights Trustee of the Reese
Diving Trust dated
March 25, 1998
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
shown.
ATTESTED: .JUNE 27, 2000
JC:kw PHIL BATCHELOR,Clerk of the Board of Supervisors and County
iii.\GrpData\Engsvc\B0\2000\13O 6-27-00 Administrator
Originator: Public Works(ES)
Contact:T.Ric(313-2363) By
rDeputy
cc: Recorder(via Title Compay)then PIN'Records
Current Planning,Community Development
Christine R.Reese,16 Kenmore Court,Orinda,CA 94563
RESOLUTION NO. : 2000/322
Recorded at the request of: IIII III III I 11111111111 IN I I Illi III I IIII I11111111
Contra Costa County CONTRA COSTA Co Recorder Office
Public Works Engineering SD�pcsment STEPHEN L, WEIR, Clerk-Recorder
Return to: DOC— 2000-0137616®00
Public works Department
Records Section T, JUN 29, 2000 11.30:00
FRE $0.00
Area:Alhambra Valley Tt 1 Pd $0.00 Nbr-0000030075
Road:Garcia Ranch Road Ire/RS/1-4
County Road No.:N/A
Subdivision.MS 6-93
APN:365-030-089
GRANT DEED OF DEVELOPMENT RIGHTS
To meet condition of approval number 15G of MS 6-93, I, Christine R. Reese, Trustee of the
Reese Living Trust dated March 25, 1998, (Owner)hereby grant to the County of Contra Costa,
a political subdivision of the State of California (Grantee) and its governmental successor or
successors, the future development rights, as defined herein below over a portion of that real
property known as Parcels B and C of Subdivision NIS 6-93 situated in the County of Contra Costa,
State of California, and more particularly described in Exhibit A.
Development rights are defined to mean and refer to the right to approve or disapprove of any
proposed construction, development or improvement within the areas marked "restricted
development area."The development rights are and shall be a form of covenant,which shall run with
the said property and shall bind the current owner and any future owners of all or any portion of said
property. In the event of a disapproval of proposed construction by the Grantee or its successor, said
proposed construction shall not be performed. Grantee or its successor may condition its approval
of any proposed construction upon prior or subsequent performance of such conditions as Grantee
may deem appropriate.
Any owner or owners of all or any portion of said property desiring to develop any improvement
requiring the approval of Grantee or its successor herein shall submit to such entity a written
proposal describing the nature, extent, and location of such improvement. Grantee or its successor
shall have sixty(60)days from receipt of such proposal in which to grant its approval or disapproval.
Failure by Grantee or its successor to respond in said time period shall be equivalent to the approval
of such proposal.
The undersigned executed this instrument on tom}
Christine R. Reese,Trustee of the Reese Living
Trust dated March 25, 1998
(Signatm) , 1`
Christine R. Reese
(See attached notary)
RL:tw
Ca:1C,cpDaralEngSvcUUCH\22000\MayWS6.93.dnc
40592A.RDA (June 05, 2000) SHEET 1 OF 1
(Proposed Restricted Development Area)
EXHIBIT 'A'
(RESTRICTED DEVELOPMENT AREA)
SUBDIVISION MS 6-93
REAL PROPERTY SITUATED IN THE COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL 'B' , AS SAID PARCEL IS SHOWN ON THE PARCEL MAP
FOR SUBDIVISION MS 15-91, RECORDED DECEMBER 22, 1992, IN BOOK 160
OF PARCEL MAPS, AT PAGE 33, CONTRA COSTA COUNTY RECORDS, BEING
DESCRIBED AS FOLLOWS:
A ONE HUNDRED AND FORTY FOOT WIDE STRIP OF LAND BEING FURTHER
DESCRIBED AS FOLLOWS:
ALL OF THE AREA DESIGNATED AS "RESTRICTED DEVELOPMENT AREA" OR
"R.D.A. " WITHIN PARCEL 'A' , PARCEL 'B' AND PARCEL 'C' , SUBDIVISION
MS 6-93, RECORDED It IN BOOK
OF PARCEL MAPS, AT PAGE , CONTRA COSTA COUNTY RECORDS.
END OF DESCRIPTION.
GO 6N` R. SCHELL R '�
LS 16849
SCHELL & MARTIN, INC.
CIVIL ENGINEERING & LAND SURVEYING
LAFAYETTE, CALIFORNIA
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State ofd>, fl '/y's. OPTIONAL SECTION
County ofCAPACITY CLAIMED BY SIGNER
O 6//V` mc, � /4✓ ! �+ Though statute does not require the Notary to fill
DAT`E `.+� � t'�-NAME,Trrt.EE OF OFFICER E.G.,-JANE DOR.NOTARY PUBLIC" In the data below,doing so may prove Invaluable
personally appeared `t` iRee�6 to persons relying on the document.
NAMRS)OF SIGNP.R(s) INI3iVEIWA 1-11
❑ personally known to nit-OR ,,provided to the on the basis of satisfactory evidence to 9�M OFFICERS)
be the person(#whose name(*is/on T=S)
subscribed to the within instrument and
acknowledged to me that,li6fshe%)*executed G PARTNER(S) 0 LIMITED
the same injWher W authorized D GENERAL
.• 0'2'RD*04 l �.Sir H E LL r cj ity(ftj,and that by AWherj&W
COMM.#1265528 " si ture(O on the ins tru t the persona$or C ATTORNEY-IN-FACT
�m NOiARYf�UB PUBLIC-CALIFORNIA
0 TRUSTEE(S)
sttity upon beh f w Ch the +4 0 GUARDIA /CONSERVATOR
CONTRA COSTA COUNTY a executed ins t. ��':rr�G✓r*✓ 7 ..
r'fly` COMn".EXP.APRIL 3,2004'i I3 OTHER:
ES and ci al SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR RNITM(JES))
A
4,)sa, N7,5 -?3 OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document 6-5--00
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above -
re-attachment of this form
I�15MCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR 4LL SIGNAn=S -The name and interest of the signer should be typed or printed$ the signature. The name
must a signs exactly as it is typed or printed.
II. -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNAI=S FPR PAR S-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bm t e partnership.
IV. 5IGNAI=S
Documents should a signed by two officers,one from each of the following two groups.
GROUP 1. {a)The Chair of the Board
b The President
c Any Vice-President
GROUP 2. al
The Secretary
b An Assistant Secretary
c The Chief Financial Officerd The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing the person si ing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notaurized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors.
JC:mw
Rev.Msy i,1949
(b) Nothing in this Agreement binds any party insofar as requiring it to actually impose a
Trench Cut Fee or the amount of any such fee. However, regardless of whether or not a
party decides to impose a Trench Cut Fee and regardless of whether or not said decision
is in any way related to the results of the study, all Parties shall pay their Fair Share of
the costs of the study, as determined by the Treasurer.
6. Insurance and Hold Harmless.
A. Each party to this Agreement, and the Treasurer, assumes responsibility and liability for
its own negligent performance, errors or omissions hereunder, or that of its agents and
employees, and any damages of property or injury or death to persons caused thereby, and
indemnifies each other for the same.
B. The contract between the Parties and the Consultant, to be drafted by the Treasurer,
shall include the following:
(a) a provision indemnifying and holding harmless each of the parties and their officers,
agents and employees, conforming to attached Exhibit A, incorporated by reference
herein.
(b) insurance provisions conforming to attached Exhibit B, incorporated by reference
herein.
7. Term of the A regement. Unless terminated, this Agreement shall remain in effect from the
date of its execution, noted in the first paragraph of the Agreement, until completion of the study
and payment of final bills by all of the Parties.
6. Termination. This Agreement may be terminated by mutual consent of a majority of the
Parties, such termination to take effect upon 30 (thirty)days written notice to the remaining
Parties. In the event of termination, the Treasurer shall render a final accounting and determine
each party's Fair Share as described above, and settle all accounts.
9. Disoute Resoluti n. Any party with a dispute under this Agreement, including but not limited
to the Treasurer's determination of its Fair Share, shall promptly provide notice of the dispute in
writing to the CCEAC. If the Parties are unable to resolve the dispute informally within 30 (thirty)
days, the CCEAC shall submit it to mediation to be conducted by a mutually acceptable
professional mediator. If the parties cannot agree on a mediator within the 30 (thirty) day period,
the matter will be submitted to the American Arbitration Association ("AAA')for the immediate
selection of a mediator. In the event that the Parties are unable to resolve any such dispute in
the mediation process, the Parties may then proceed with such remedies in law or equity that
they may have. Each party shall bear its own legal fees and costs throughout the process,
unless a mediator or court decides otherwise.
10. Amendments. This Agreement may be amended only by a written agreement approved by
a unanimous vote by the Parties. Any amendment shall be approved by the governing board or
counsel for each Party.
11, Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding on the Parties when at least
one copy hereof shall have been signed by all Parties hereto. In approving this Agreement, it
shall not be necessary to produce or account for more than one such counterpart.
4
12. Surplus money. After the completion of the purpose of this Agreement, any surplus money
on hand shall be returned to the Parties in proportion to their total contributions to the Trust
Fund.
13, Headinos. All headings contained herein are for convenience of references only and are
not intended to deme or limit the scope of any provisions of this Agreement.
14, No Third Party Benefits. It is not intended that any person or entity occupy the position of
intended third-party beneficiaries of the obligations assumed by any party under this Agreement.
15, Entire Agreement. This Agreement contains the entire understanding of the Parties relative
to the subject matter of this Agreement and supersedes all prior and contemporaneous
understandings or agreements.
16. California Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. The venue for any legal action pertaining to this Agreement shall
be Contra Costa County, California.
17. Coweration. The Parties hereto shall reasonably cooperate with each other to fulfill the
terms and conditions of this Agreement.
18. Representation by counsel. The Parties each acknowledge that they have been
represented in the negotiations for, and in the preparation of, this Agreement by counsel of their
own choosing; that they have read this Agreement or have had it read to them by their counsel;
and that they are fully aware of and understand its contents and its legal effect. Accordingly, this
Agreement shall not be construed against any party, and the usual rule of construction that an
agreement is construed against the party that drafted it shall not apply.
19. Severability. If any part, term, or provision of this Agreement is decided by a court of
competent jurisdiction to be void, unenforceable, illegal, or in conflict with any law of the State of
California, the validity of the remaining parts, terms, or provisions are not affected thereby.
20. Restrictions. Pursuant to government Code Section 6509, the powers of the parties under
this Agreement shall be subject to the restrictions on such powers applicable to the County.
21. Accountability. As required by Government Code Section 6505, all parties to this
Agreement shall provide a report providing strict accountability of all funds received and
disbursed by the party, if any, under this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by
their respective officers, duly authorized, the provisions of which Agreement are effective as of
the day, month, and year first hereinabove written.
5
APPROVED BY:
COUN F CO COSTA
By F?pn approved by Counsel
r J:c r
Attest: f
Clerk of the Board of Supervisors
CITY OF ANTIOCH
By: Form approved by Counsel
Attest:
City Clerk
CITY OF BRENTWOOD
By: Form approved by Counsel
Attest:
City Clerk
CITY OF CLAYTON
By: Form approved by Counsel
Attest:
City Clerk
6
CITY OF CONCORD
By: Form approved by Counsel
.Attest:
City Clerk
TOWN OF DAN'VILLE
By: Form approved by Counsel
Attest:
Town Clerk
CITY OF EL CERRITO
By: Farm approved by Counsel
Attest:
City Clerk
CITY OF HERCULES
By: Form approved by Counsel
Attest:
City Clerk
7
CITY OF LAFAYETTE
By: Form approved by Counsel
Attest:
City Clerk
CITY OF MARTINEZ
By: Form approved by Counsel
Attest:
City Clerk
CITY OF MORAGA
By: Form approved by Counsel
Attest:
City Clerk
CI'T'Y OF OAKLEY
By: Form approved by Counsel
Attest:
City Clerk
8
CITY OF ORINDA
By: Form approved by Counsel
Attest:
City Clerk
CITY OF PINOLE
By: Form approved by Counsel
Attest:
City Clerk
CITY OF PITTSBURG
By: Form approved by Counsel
Attest:
City Clerk
CITY OF PLEASANT HILL
By: Form approved by Counsel
Attest:
City Clerk
9
CITY OF RICHMOND
By: Form approved by Counsel
Attest:
City Clerk
CITY OF SAN PABLO
By: Form approved by Counsel
Attest:
City Clerk
CITY OF SAN RAMON
By: Form approved by Counsel
Attest:
City Clerk
CITY OF WALNUT CREEK
By: Form approved by Counsel
Attest:
City Clerk
g:\GrpData\TransEng\j b\TrenchCut\LocalMatchAgreementCostShareListed.doc
10
EXHIBIT A
lndemmiucation - Consultant's Responsibility:
It is understood and agreed that the Consultant has the professional skills
necessary to perform the work agreed upon under this Agxeernent, and that
the City relics upon the pr &ssional aldlis of the Consultant to do and
perform his work in a competent and professional manner,and the
Consultant taus agraw to so perform his work.
Acceptance by the City Of the work performed under this Agreia ent does
not operate:as a release of the:Consultant firm such professional
responsibility. It is further understood and agreed that the C.onsultsat has
reviewed in detail the scope of the wont to be performed undthe
Agreetnent and that in his professional Judgment, said work can and
shall be completed for a fee within the maxim=amount set fourth in this
Agreement.
Consultant shall it fy.def d,and hold harmless the City and its
offfcers,ofEcials, agents,employees and volunteers from all claims, suits,
or actions of every name,kind and description brought forth on account of
any injury to or death of any person, or damage to property arising out of
or in any way co=octed with the willU misconduct, negligent acts, or
errors or ornmons of the uaant, or uoon=taurs of kers, employees,
agents or its independent contractors; except for such loss or damage
which was caused by the sole negligence or willful misconduct of the City.
Approval of any insurance coverages does not, in any way,relieve the
Consultant of liability under this bdemnificatum clause.
" A"
EXHIBIT B
Insurance Requirements:
After award of this Apr.�ement the Consultant shall promptly obtain, at his
own expense, all the insurance required by this section and shall submit
policy coverage information for review and approval by the City. Failure
to maintain or renew coverage or to provide evidence of such may be
treated by the City as a material breach of this Agreement
The notice to proceed with the work wader this Agreement will not be
issued, and the Consultant shall not commence work, until evidence of
such insurance has been,provided to and approved by the City. Consultant
shall have its gin. +tee carrier provide the required endorsanzats and
deciarzdons. The Consultant shall not allow any Subconsultants to
commence work on his subagreament until all similar iasuranc:e required
of the Subcoansultmt has been obtained and verified by the Consultant.
Such insurance shall remain in full force and effect at all times during the
prosecution of the work cud until the fiscal cc mpletion and acceptance
thereof
A notice to proceed shall not relieve the Consultant of the duty to obtain
such insurance as required by this ,Section.
Tae Consultaat shall take out and maintain during the terse of the
Agreement,Woexces Compensation and Employer's Liability insurance
for all of his enapl,oyea =VLged in the work under the Agtectuet
Should any work be subc nsulteci,the Consultant shall require the
Subcsaasiuitaat to similarly provide W orkaes C,ompemsation and
Employees Liability insurance, all in strict compliance with the Staie laws
and to finny protect the City from any and all claims arising out of
occurrences related to the work.
Q=rchensive C --Li2hilily and Automobile Liabilirtr
Consultant shall take out and maintain during the life of the Agreement,
Comprehensive General Liability and Automobile Liability lm�uran.ce in
an amount not less than$500,000 aggregate applying to bodily injury,
personal injury and property damage.
a. The policies written on an occusren=basis are to contain,or be
endorsed to contain,the following provisions:
Y. The policy must cower Personal Injury as well as Bodily
Injury.
ii. The policy must coves complete:Contractual liability. Any
Exclusions of Contractual liability as to Bodily Injury,
Personal Injury or Property Damage must be eliminated
fr=the basic policy and endorsements.
Hi. .Broad Form Property Damage must be afforded.
iv. Cross Liability or Severability of Interest Clause.
V. The City, its officers, officials, meats, eznpioyee3 and
volunteers must be named as an additional insureunder
the coverage afforded, except for workers compensation or
professional.liability pWolicim with resect to the work
being performed.under the Agreement.nt. The:coverage shall
contain no special limitations on the scope of protection
afforded to the City. If Consultant c ploys
Subconsultants, the Consultant shall name all
Subconsultatnts as insured. Naming the City as an
additional msuared shall not obligate the City to pay any
portion of or all of the premium.
vi. Ars endorsement shall be provided which stater that the
coverage is PRIMARY INSURANCE and that no ocher
irtsurance secured by the City will be called upon to
contribute to a loss ander this coverage.
vii. Each imm=ce policy shall not be suspended.voided,
canceled,reduced in coverage or in limits,except after
thirty(30)days prior w7rittm notice by certified mail,return
receipt requested,has been given to the City.
b. Any deductibles or self insured retentions must be declared to and
approved by the City. At the opticm of the City, either of the
following shall occur.
I. The ll reduce or eliminate surh deductibles or
self instredrretentions as respects the City; or,
ii. Consultant shall procure a►bond guaranteeing payment of
lasses,and related investigations,claian administration and
defense expenses.
C. Any fat ure.to comply with reporting provisions of the policies
sell not affect coverage provided to the-City.
PcMf fisionll Liability
Consultaat, at its own cost and expense:,shall secure and maintain
Professioaatl Liability insurance for the life of the Agreement PLUS
TMLF-ET YEARS in an amount not less than 51,000.000 covering its errors
and omissions.
T=J: BOARD OF SUPERVISORS
FROM: MAUR.ICE M. SHIC7,PUBLIC WORKS DIRECTOR.
DATE: June 20, 2000
SUBJECT: Agreement with SIS, Inc. for Development of Contra Costa County's Joint Billing System
(Countywide)
SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTWICATION
I. Recommended Action:
APPROVE and AUTHORIZE chairperson to execute an agreement between the County and SIS, Inc. to
provided for oversight of the development of the County's Joint Billing System(JBS).
IL Financial Impact:
SIS has estimated the cost of project oversight at approximately$22,500. (See the attached Work Plan.)
III. Reasons for Recommendations and Background:
SIS was retained for Phase 1A of the JBS Project, the primary deliverable of which was a Functional
Specification. Retaining SIS in an advisory capacity through the development of the Mini-JBS will assure
1. Synchronization between Functional Specs and Mini-JBS data model, and 2. Extensibility to Full JBS.
IV. Consequences of Negative Action:
The JBS Functional Spec (delivered for Phase 1A) will grow stale and not be in sync with the data model.
and Spec for Mini-JBS. Possible problems with expanding to Full JBS functionality.
Continued on Attachment:® SIGNATURE.
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUNE 27, 2000 APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown.
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT NONE l
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: T12M9,'i 9nn
G,1GrpDatalC,mrp$vclADMEMBO\2o6ov3O06.20Aoc PHIL BATCHELOR, Clerk of the Board of Supervisors
HSAP and County Administrator
Orta.Div: Public Works(Computer Sarvicas)
contact: (3am!SchwAch(425)313-2185)
CC M.Shiny PWD
P.WNwm,PWD
J.Huie corm,Services By_ �_ _.,Deputy
R.Gilchrist,Accounting
Contra Costa County C- 12 /O"A2,�44ONumber
Standard Form 5/95 SHORT FORM SERVICE CONTRACT Fund/Org # 4 2
AMENDMENT/EXTENSION AGREEMENT Account # 2310
1. Identification, of Contract to be Amended.
Number
Effective Date: February 1, 2000
Department: Public Works
Subject: Project Oversight - Mini JBS System
2. pAr i ". The County of Contra Costa, California (County), for its Department named above, and
the following named Contractor mutually agree and promise as follows:
Contractor: Systems Integration Solutions Taxpayer ID # 94-3110374
Capacity: Project Oversight- Mini JBS System
Address: 525 Market St., Suite 700
San Francisco, CA 94105
(415) 537-7100
Attention: Bob Fogarty
3. Amgndment Date. The effective date of this Contract Amendment Agreement is.lune 1, 2000.
4. Amendment S eecifications. The Contract identified above is hereby amended as set forth in
the Amendment Specifications attached hereto which are incorporated herein by reference.
5. PayMent Limit Increase. The payment limit of the above described Contract between the
parties hereto is hereby increased by $25,000, from $24,800 to a new total Contract Payment
Limit of $49,800.
6. Signatures. These signatures attest the parties' agreement hereto:
COUNTY ONTRA I , N
By B.
Designee
Approved: Cou dministrator ( t
-C.f 4 T
(Designate business capacity)
By
Designee Date
Recom nde y Department
By [Form approved by County Counsel]
Designee
Note to Qntra ,:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-
president and Signature 8 must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures
must be acknowledged as set forth on page two.
SL5
&:\&rpESata\CompSvc\AOMIN\ccntrcctx\SIS\525 Interim-Exttmfon.doc
TO: BOARD OF SUPERVISORS AS GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: MAURICE M. SHIU, CHIEF ENGINEER
DATE: ,JUNE 27, 2000
SUBJECT: CONTRACT AWARD FOR SAN RAMON CREEK DROP STRUCTURE 3A, PROJECT NO.
7520-6139L59-00, ALAMO AREA
PE 1F1 R - UE {S}OR R MEN A ! N( )&EA K ROU D AND IUSTIFICATIOM
I. Recommended Action:
WAIVE the following minor irregularity in the bid submitted by Biland Construction Company
("Biland"), the law bidder, and DETERMINE that a valid, signed bid bond was submitted with the
bid and that the irregularity has been promptly cured: failure to sign and complete the last page
of the bid.
AWARD the contract for furnishing labor and materials for the subject project to Biland in the
amount of$76,150.00 and at the unit prices submitted; and REQUIRE Biland to present surety
bonds for Payment and Faithful Performance in the amounts of $76,150.00 and $76,150.00,
respectively.
DIRECT the Chief Engineer to prepare the contract for the project.
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
—APPROVE —OTHER
SIGNATURE{S}:
ACTION OF BOARD ON JUNE 27, 2000 APPROVED AS RECOMMENDED_X—OTHER
VOJE OF SUPERVISORS NONE
UNANIMOUS(ABSENT )
AYES: NOES: _
ABSENT: ABSTAIN:
RB:q
G:torpgata\Co,stt80\20aw6•auR$\27-o3A-sward.doc I hereby certify that this is a true and correct copy of an action
Orig.Div: Public Works(Construction) taken and entered on the minutes of the Board of Supervisors
Contact: Mike Carlson(925)313-2320 on the date shown.
cc: County Admin.
County Counsel
Auditor-Controller ATTESTED: JUNE 27, 2000
Public Works
-Accounting,R.Gilchrist PHIL BATCHELOR, Clerk of the Board of Supervisors and
-Construction-R.Bruno County Administrator
-Design
Contractor(via Public Works)
Surety(via Public Words)
S.B.E. By Deputy
703 Market St.
San Francisco,CA 94103-1000
SUBJECT: Contract Award Recommendation:
San Ramon Creek Drop Structure 3A, Project leo. 7520-6B9L59-00, Alamo area
DATE: June 27, 2000
PAGE 2
1. Recommended Action: (continued)
AUTHORIZE the Chief Engineer to sign the contract on behalf of the Board, subject to the Chief
Engineer having reviewed and found sufficient all required documents, including the contract
signed by the contractor, the aforementioned surety bonds, and a certificate of insurance.
DIRECT that, in accordance with the project specifications and/or upon the execution of the
contract by the Chief Engineer, any bid bonds posted by the bidders be exonerated and any
checks or cash submitted for bid security be returned.
AUTHORIZE the Chief Engineer to sign any agreement prepared for this project to permit the
escrow of contract retention or the substitution of securities, pursuant to Public Contract Code
Section 22300.
Pursuant to Public Contract Code Section 4114, DELEGATE the Board's functions under Public
Contract Code Sections 4107 and 4110 to the Chief Engineer or his designee.
Pursuant to Section 6705 of the Labor Code, DELEGATE to the Chief Engineer or to any
registered civil or structural engineer designated by him the authority to accept detailed plans
showing the design of shoring, bracing, sloping or other provisions to be made for worker
protection during trench excavating covered by that section.
DECLARE that, should the award of the contract to Biland be invalidated for any reason, the
Board would not in any event have awarded the contract to the second listed bidder or any other
bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing
herein shall prevent the Board from reawarding the contract to another bidder in cases where the
successful bidder establishes a mistake, refuses to sign the contract or fails to furnish required
bonds or insurance (see Public Contract Code Sections 5100-5107).
FINANCIAL IMPACT:
The project, including engineering and appropriate overhead charges, is funded by Federal
Emergency Management Agency (75%), State of California (20%), and Flood Control Zone 3B
(5%).
RECOMMENDATION/BACKGROUND:
The plans and specifications were approved and the project advertised for bids by the Board of
Supervisors on May 16, 2000. The bids were received and opened at 255 Glacier Drive,
Martinez, California, on Tuesday, June 20, 2000. The construction bids received were as follows:
1. Biland Construction Company..................................................................$76,150.00
2. Barrier Construction Company.................................................................$87,820.00
3 Waldron Engineering................................................................................$89,362.88
4. Gordon N. Ball, Inc...................................................................................$97,900.00
5. River City Constructors ..........................................................................$133,608.00
6. Golden Pacific Construction...................................................................$156,524.00
7. A.J. Vasconi General Engineering .........................................................$159,640.00
The Engineers estimated construction cost was $74,592.00.
SUBJECT: Contract Award Recommendation.
San Ramon Creek Drop Structure 3A, Project No. 7520-6B9LS9-00, Alamo area
DA'C'E: June 27,2000
PACE 3
Biland's bid failed to include a signed and completed signature page but did include a valid,
signed bid bond. Biland has promptly cured the irregularity by signing and completing the
signature page. It is recommended that the Board waive this minor irregularity and award the
contract to Biland.
y -
,TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY and AS THE GOVERNING
BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR AND CHIEF ENGINEER
DATE: June 27, 2000
SUBJECT: AMENDED CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (1998-2003)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ADOPT attached resolution authorizing the Public Warks Director and the Chief Engineer to execute
an amendment to the Contra Costa Clean Water Program Agreement(Program Agreement)between
the County, the Contra Costa County Flood Control and Water Conservation District and the
nineteen incorporated cities of Contra Costa to add the City of Oakley and other minor adjustments.
f
Continued on Attachment: X SIGNATURE &4 le,
:
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD► ON JUNE 27, 2000 APPROVED AS RECOMMENDED X OTHER
VOTE 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.
ATTESTED: JUNE 27, 2000
G.\GrpData\FldCt11NPDEs\bo\BdorderPrgmAgt Amendrat 6-27-OO.doc PHIL BATCHELOR, Clerk of the Board
Orig.Div: Public works Flood Control of Supervisors and County Administrator
Contact Linda Bulkeley—(925)313-2238
C. PW—Flood Control
By Deputy
SUBJECT' ` AMEND CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT
IjA'TrE.: June 27, 2000
'PAGE: 2
II. FinancialImpact:
No impact to General Fund. The County funds Contra Costa Clean Water Program activities with
stormwater utility assessment revenues Fund 2517). The proposed,amended Program.Agreement will add
the City of Oakley to the list of agencies funding the Contra Costa Clean Water Program resulting in a
decrease in the percentage of expenditures funded by the County. The Contra Costa County Flood Control
and Water Conservation District(Flood Control District).is not allocated costs for joint program activities,
although it does contribute staff time and other indirect costs.
III. Reasons for Recommendations and Background:
In July of 1998,the Board authorized approval of the current Program Agreement for the period July 1, 1998
through the life of the Contra Costa Clean Water Program, or until such time as the Program.Agreement was
terminated or amended. The Program Agreement outlines the organizational framework of the joint Contra
Costa Clean Water Program, responsibilities of Group Program staff and of the twenty-one participating
agencies, and percentage cost allocation of the Group Program to the participating agencies. The
amendment expands the list of participating agencies to include the newest,incorporated City of Oakley.
The Central Valley Regional Water Quality Control Board approved on June 16,2000 the City of Oakley's
participation in the Joint Municipal Stormwater National Pollutant Discharge Elimination System Permit.
This Permit requires the County,the Flood Control District,Oakley and all other co-permittees to cooperate
and work together as one program. The Program Agreement is the administrative mechanism for enabling
a joint program. Amending the Program Agreement to include Oakley demonstrates to the State the
willingness of the County,the incorporated cities, and the Flood Control District to jointly implement the
Permit as one cooperating entity.
IV. Consequences of Negative Action:
The County and Flood Control District will not be in compliance with their joint Municipal Stormwater
Permit with the State Regional Water Quality Control Board. Also, the County will not benefit from the
decreased costs called for in the amended Program Agreement. (Participating cities and County fund joint
activities of the Contra Costa Clean Water Program on a per capita basis. The population of the County
decreased with the incorporation of Oakley and therefore the County's cost allocation should decrease.)
THE B'DARD OF SUPERVISORS OF CONTRA COSTA COUNTY AND AS THE GOVERNING BOARD
6"F THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
June 27, 2000
Adopted this Resolution on by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 2000/ 324
SUBJECT: RESOLUTION OF THE CONTRA COSTA BOARD OF SUPERVISORS OF THE COUNTY
OF CONTRA COSTA AND OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT APPROVING THE FIRST AMENDMENT TO THE
CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (1998-2003
WHEREAS, under the Federal Water Pollution Control Act, as amended in 1987, stormwater
discharges from municipal separate storm sewer systems require coverage under the National Pollutant
Discharge Elimination System (NPDES) Permit Program; and
WHEREAS, in California, the NPDES Permits are issued through the California State Water
Resources Control Board and the nine (9) Regional Water Quality Control Boards; and,
WHEREAS, the San Francisco Bay and Central Valley Regional Water Quality Control Boards
mandated Contra Costa County, eighteen (18) of its incorporated cities and the Contra Costa County
Flood Control & Water Conservation District (Flood Control District) be covered under a Joint Municipal
NPDES Permit; and
WHEREAS, these jurisdictions participated in permit application activities and received a Joint
Municipal NPDES Permit from the San Francisco Bay and/or Central Valley Regional Water Quality
Control Board; and
WHEREAS, cooperative efforts between the Cities, County and the Flood Control District in the
Joint Municipal NPDES Permits have minimized the costs of the Program to all parties; and
WHEREAS, the San Francisco Bay Regional Water Quality Control Board reissued a second Joint
Municipal NPDES Permit (CA0029915) on July 21, 1999; and
WHEREAS, the Central Valley Regional Water Quality Control Board approved a reissued second
Joint Municipal NPDES Permit on June 16, 2000; and
WHEREAS, the Central Valley Regional Water Quality Control Board mandated the City of
Oakley, which incorporated on July 1, 1999, be covered under the reissued second Joint Municipal
NPDES Permit; and
RESOLUTION NO. : 2000/324
WHEREAS, Contra Costa County, all nineteen (19)of its incorporated cities and the Flood Control
District will be subject to the Program Agreement, which delineates Program activities, structure,
membership, costs and participation; and
NOW, THEREFORE BE IT RESOLVED, this County Board of Supervisors of the County of Contra
Costa and as the governing body of the Contra Costa County Flood Control and Water Conservation
District agrees to share in Program costs, provide appropriate staff support and provide detailed
information necessary to implement the reissued Joint Municipal NPDES Permits.
BE IT FURTHER RESOLVED the Public Works Director of Contra Costa County and the Chief Engineer
of the Contra Costa County Flood Control and Water Conservation District is hereby authorized to
execute the amended Contra Costa Clean Water Program Agreement (1998/2003), as described in
Attachment "A"; and, the Contra Costa County Board of Supervisors approves the funds for the County
of Contra Costa's proportionate share of the group costs for Fiscal Year 2000/01.
BE IT FURTHER RESOLVED the Contra Costa County Clerk shall provide three signed,
certified copies of this resolution to the Contra Costa Clean Water Program Manager.
I hereby certify that this is a true and correct
Copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: JUNE 27, 2000
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By _. "", Deputy
LMB:jig
G:tGrpDatalFIdctilNPDESiBO\PrgmAgtAmendmentReso6-27-OO.doc
CONTRA COSTA CLEAN WATER
PROGRAM AGREEMENT
(1998-2003)
Contra Costa Clean Water
Program Agreement between
The Contra Costa County Flood Control
& Water Conservation District
and
Agencies named below
THIS AGREEMENT is jointly entered into by the Contra Costa County Flood
Control and Water Conservation District and the cities of Antioch, Brentwood, Clayton,
Concord, Danville, EI Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda,
Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek and
County of Contra Costa (sometimes individually referred to herein as "co-permittee" or
"agency"). It is dated for administrative convenience April 1, 1998.
Recitals
A. The parties are joint holders of National Pollution Discharge
Elimination System ("NPDES") Permit, Nos. CA0029912 and CA0093313. The cities
previously have entered into individual agreements with the Contra Costa County Flood
Control and Water Conservation District ("District") for the first five-year NPDES permit.
The parties now wish to enter into this joint agreement for the upcoming NPDES permit,
1998 - 2003.
B. The parties (except the Cities of Richmond and Brentwood) intend to
enter into a separate cost payment agreement regarding the stormwater utility fee
assessment financing.
-1-
7-
NOW,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
A. Group Activities Delineation.
The Management Committee ("MC") is the decision-making body of the
Contra Costa Clean Water Program. It shall be responsible for setting policies, providing
directions and authorizing expenditures.
The second NPDES permit program, and the activities to be jointly carried
out pursuant to this Agreement by the parties, shall include, but not be limited to, the
following tasks:
1. Provide the necessary administrative, technical and clerical resources
to implement all Program activities directed by the Management Committee in order to
implement the second joint municipal NPDES permit (1998 -2403). Administrative activities
may include attending all Management and sub-committee meetings, preparing committee
minutes and/or summaries of committee actions.
2. Administer all consulting services contracts (technical, legal, public
relations and associated services) including the coordination, billing and monitoring of all
such activities.
3. Represent the Program at federal, state, regional and local
governmental, civic, professional and political organizations and agencies.
4. Coordinate the yearly compilation of the Annual Report to the
appropriate Regional Water Quality Control Boards.
5. Conduct monitoring activities which may include the purchase,
installation and testing of equipment at designated sites.
6. Ensure that all regulatory fees and assessments necessary to obtain
and maintain the Joint Municipal NPDES Permits are appropriate and, if so, paid.
7. Ensure uniform implementation of a comprehensive stormwater
management ordinance and its regulations between all co-permittees.
8. Implement a comprehensive public education and industrial outreach
-2-
r ' ^A 7--05 ,�✓
program on behalf of all co-permittees. The Public Education and Industrial Outreach
Committee in the Program will be responsible for developing the original materials and co-
permittees shall be responsible for producing and distributing these items.
9. Participate in special studies determined by the Program, the
Regional Water Quality Control Boards, the Bay Area Stormwater Management Agencies
Association (BASMAA) or other appropriate entities.
10. Ensure implementation of a comprehensive program for field
inspection and investigation activities for unauthorized connections and illegal dumpings.
11. Ensure a comprehensive program for new development and
construction activities specifically focusing on soil erosion and sedimentation practices,
post-construction facilities and developing financial mechanisms needed to maintain such
facilities.
B. Termination.
Should a co-permittee want to stop participating in the group program and
terminate its obligations under this Agreement, the following conditions must be met:
1. The co-permittee shall provide written notice of its intention to
terminate its participation in the group program by no later than 5:00 p.m., December 31
prior to the commencement of the following fiscal year of which it is seeking to terminate
its obligations (July 1 - June 30).
To ensure an orderly transition, the departing co-permittee shall also
obtain written confirmation from the Regional Board's Executive Officer that an individual
NPDES Municipal Stormwater Permit will be issued to the co-permittee and provide a copy
to the Program with the notice of termination.
2. The co-permittee shall be committed to fulfill all of its financial
obligations outlined in this Agreement to the end of the fiscal year (June 30).
C. Subcommittee Structures.
The following subcommittees are hereby established, but may be changed
-3-
by the Management Committee:
1. Administrative Committee ("AC") is a sub-committee responsible for
administration, strategic planning, personnel, budget recommendations and conflict
resolution.
2. Monitoring and Inspection Committee ("MIC") is a sub-committee
responsible for baseline monitoring, special study coordination, inspection activities,
inspection training, volunteer monitoring and water quality analysis and evaluations.
3. New Development and Construction Controls Committee ("NDCCC")
is a subcommittee responsible for erosion/sedimentation control measures, construction
site management practices, new development guidelines and recommended planning
procedures.
4. Public Education and Industrial Outreach Committee ("PEIO") is a
subcommittee responsible for development of materials and products, information
dissemination, technical workshops, marketing and public outreach.
D. Management Committee Representatives.
1. The city/county manager, prior to May 1, 1998, shall designate
Management Committee representatives which may be by job classifications rather than
named individuals. The manager shall designate up-to two (2) individuals who may vote
on behalf of their agency at any Management Committee deliberation. Each co-permittee
shall have one vote on the Management Committee. Co-permittees shall be permitted to
send substitutes to any Management Committee meeting, permitting the individual to vote
on behalf of the agency when the representative is absent. Written confirmation from the
city/county manager indicating the identity of the substitute shall be provided to the
Program prior to the meeting. The substitute's decisions shall be binding upon its agency.
2. Each Management Committee representative shall consist of an
engineering representative or designated individual responsible for directly administering
the stormwater management program for their agency.
3. Management Committee representatives shall continue for the entire
-4-
term of the Agreement unless changed by the city/county manager by providing timely
written notification to the Program.
4. Any decision made by the Management Committee shall be binding
upon all co-permittees.
E. Committee Membership.
1. Each co-permittee shall have one representative on the Management
Committee and at least one representative on either the Administrative Committee,
Monitoring and Inspection Committee, New Development and Construction Committee, or
the Public Education and Industrial Outreach Committee.
2. Co-permittees may have membership on any subcommittees as full
voting members if approved by the Management Committee at its June meeting upon the
recommendation of the Management Committee chairperson for the following year. Each
co-permittee shall only be allowed one vote per committee. Participants at committee
meetings, other than approved co-permittees, shall not be allowed to vote on any item
under consideration.
3. Any co-permittee not designated as an approved voting member may
participate in the discussions of any subcommittee but shall not be allowed to vote on
recommendations. Co-permittees may participate on any committee.
4. Each sub-committee shall, at a minimum, consist of the following
membership:
• Administrative Committee 7*
• Monitoring and Inspection 5
• New Development and Construction 5
• Public Education and Industrial
Outreach Committee 5
(*Concord, Contra Costa County and Richmond shall be permanent
members of the Administrative Committee, but shall also participate on at least one
additional subcommittee.)
-5-
5. The Management Committee chairperson and vice-chairperson shall
be chosen at the June Management Committee meeting for the following fiscal year.
6. The Management Committee chairperson shall be chairperson of the
Administrative Committee for one fiscal year(July 1 to June 30).
7. The Management Committee chairperson, in accordance with
established guidelines, shall by May 31 of each fiscal year recommend, after consultation
with all co-permittees, membership on all sub-committees effective July 1 of the next fiscal
year. Recommendations shall be considered by the Management Committee at its June
meeting. Sub-committee members shall be encouraged to rotate every two years.
8. The first order of business for each sub-committee at its July meeting
is to choose a chairperson and vice chairperson for the remainder of the fiscal year and
to establish the sub-committee's work plan for the fiscal year dealing with its goals,
objectives, time lines and related items, as outlined under the Permit.
9. Attendance at all Management and sub-committee meetings shall be
published monthly. Co-permittees are expected to attend at least 80% of the meetings.
Two consecutive absences shall cause the Management or sub-committee chairperson
to request new membership from the designated co-permittee by contacting either the
Management Committee representative or the co-permittee's city/county manager.
Attendance of all committees shall be added to the Annual Report provided to the Regional
Water Quality Control Boards.
10. The Administrative Committee shall consist, at a minimum, of the
following membership, conditions, and shall generally follow the rotations contained in
-6-
Exhibit "A":
a) Management Committee chairperson 1**
b) Concord, County and Richmond 312
c) Other co-permittees 314**
Total 7
d) Geographical representation will be encouraged
e) Administrative Committee vice-chairperson shall be selected
at the first meeting in July of each fiscal year. The
Management Committee vice-chairperson does not have to be
the Administrative Committee vice-chairperson.
**(i) These designated co-permittees shall rotate annually.
(ii) These co-permittees shall meet their sub-committee
obligation by serving as designated representative for
the fiscal year (see Section E1).
(iii) Should the chairperson be from Concord, Contra Costa
County or Richmond, them the "other co-permittees"
category shall be increased to four members; and the
"Concord, County and Richmond" category shall be
decreased to two members.
11. Permanent sub-committee voting membership can only be changed
by the Management Committee Chairperson following established guidelines (see following
section).
12. The selection of permanent sub-committee voting membership shall
consider the following guidelines:
a) The minimum number of members per committee (see Section
E4).
b) Balance membership from large, medium and small
-7-
jurisdictions.
c) Balance membership from geographical areas as follows:
(i) West County: EI Cerrito, Richmond, San Pablo,
Hercules, Pinole and unincorporated county.
(ii) East County: Antioch, Brentwood, Oakley, Pittsburg,
and unincorporated county.
(iii) Central/North County: Concord, Clayton, Pleasant Hill,
Walnut Creek, Martinez, and unincorporated county.
(iv) Lamorinda/South County: Lafayette, Orinda, San
Ramon, Danville, Moraga and unincorporated county.
d) Attempt to have one sub-committee member represented on
the Administrative Committee to act as a liaison.
e) Rotation of sub-committee members shall be encouraged at
least every two years.
f) Membership shall be chosen to enhance the sub-committee's
manageability and overall effectiveness of attaining goals and
objectives.
13. A quorum for each committee or subcommittee shall consist of a
majority of its members.
F. Program Costs Participation and Allocation.
All program costs shall be allocated on population numbers annually
obtained from the State of California's Department of Finance. The population data
published in January of each year will be used to form the cost allocations of the following
fiscal year. (See Exhibit "B" for the 1998199 Fiscal Year Allocations.)
O. Optional Services.
Additional services requested by a co-permittee and consistent with carrying
-8_
out tasks outlined in the Joint Permit may be provided by Program staff as long as it
minimally impacts Program staffing and is approved by the Management Committee. Such
requests shall be in writing and detail tasks to be accomplished. Such services shall be
completely financed by the co-permittee.
H. Contracting.
1. All contracts shall initially be administered through the Flood Control
District on behalf of the Program. Other co-permittees may be permitted to contract on
behalf of the Program upon Management Committee approval.
2. All contracts shall include a provision allowing for one or two-year
extensions based on satisfactory performance. The appropriate sub-committee shall
recommend to the Management Committee when a consultant contract should be
extended. The aforementioned contracts are for services, not products.
3. Procuring technical services shall be accomplished in the following
manner:
a) A formal Request for Proposal ("RFP") shall be developed for
all required technical services detailing goals, objectives, budget, tasks and time lines.
b) All co-permittees)will be asked if they wish to respond to the
RFP. If so, the co-permittees) must respond in writing to the appropriate sub-committee.
c) The sub-committee can either recommend approval of the
submitted co-permittee(s)' proposal to the Management Committee; or, may send the RFP
to outside vendors and review all submittals before making a final determination to the
Management Committee.
d) The appropriate sub-committee shall be responsible for
recommending a consultant to the Management Committee.
1. Staffing.
1. Program staff are employees of Contra Costa County, employed on
behalf of all co-permittees constituting the Clean Water Program. The Management
-9-
Committee may contract for Program staff through another co-permittee, an institutional
arrangement (such as joint powers agreements), or consultants,
2. The County shall obtain input from the Management Committee
regarding staff evaluations, job classifications and salary ranges. The Administration
Committee shall be responsible for soliciting input from the Management Committee
members.
3. The Management Committee shall negotiate an administrative
overhead rate with any appropriate agency providing services to the Program.
4. Program staff shall provide a written record of all policies, rules and
regulations duly adopted by the Management Committee.
J. Indemnity.
Each party to this Agreement agrees to protect, indemnify and save
harmless the other parties and their officers, officials, employees and volunteers from and
against all claims, demands and causes of action by third parties on account of personal
injuries or death or on account of property damages arising out of the work to be performed
under this Agreement and resulting from the negligent act or omission of the party, its
contractors, agents, employees or subcontractors.
Gated: CONTRA COSTA COUNTY
FLOOD CONTROL &'WATER
CONSERVATION DISTRICT:
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF ANTIOCH
By:
-10-
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF BRENTWOOD
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF CLAYTON
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF CONCORD
By:
Its:
APPROVED AS TO FORM:
By:
Attomey
Dated: COUNTY OF CONTRA COSTA
By:
Its:
APPROVED AS TO FORM:
-11-
d-i ,
By:
Attomey
Dated: TOWN OF DANVILLE
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF EL CERRITO
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF HERCULES
By:
Its:
APPROVED AS TO FORM:
By:
Attomey
Dated: CITY OF LAFAYETTE
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF MARTINEZ
By:
Its:
-12-
APPROVED AS TO FORM:
By:
Attorney
Dated: TOWN OF MORAGA
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF OAKLEY
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF ORINDA
By:
Its:
APPROVED AS TO FORM:
By:
Attomey
Dated: CITY OF PINOLE
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF PITTSBURG
By:
-13-
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF PLEASANT HILL
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF RICHMOND
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF SAN PABLO
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF SAN RAMON
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
-14-
Dated: CITY OF WALNUT CREEK
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
G:1GrpData\FidCU\NPDES\BO\Amended PrgmAgtr540.doc
-1J-
EXHIBIT "A"
CONTRA COSTA CLEAN WATER PROGRAM
ADMINISTRATIVE COMMITTEE*
PARTICIPATION GUIDELINE
Large Munlci atities
Coun ide Contra Costa Coun X X x X x
Central/North County Concord x X X X x
West County Richmond X X X x x
East CounV Antioch X
CentraVNorth County Walnut Creek x
East County Pittsburg x
Medium Municl slltles
Lamodnda/South County San Ramon x
Lamorinda/South Coun Danville x
Central/North Counly Martinez x
Central/North County Pleasant Hill x
West County San Pablo x x
Lamorinda/South County Lafayette x
small Municipalities
East Cou2jZ Brentwood X x
East County Oakley x
West County EI Cerrito x
West County Hercules x
West County Pinole x
Lamorinda/South County Orinda x
Lamorinda/South Coun Mora a x
Central/North County Clayton x
Coun ide Flood Control District x
* Minimum of seven members per fiscal year
Exhibit
B
CONTRA COSTA CLEAN WATER PROGRAM
GROUP COSTS METHODOLOGY & ALLOCATION
FOR THE 2000101 FISCAL YEAR
ENTITY POPULATION' PRORATA SHARE OF BUDGET
GROUP COSTS ALLOCATION
Antioch 81,500 8.89% 157,641
Brentwood 20,050 2.19% 38,834
Clayton 11,100 1.21% 21,456
Concord 114,500 12.49% 221,478
Contra Costa County 151,875 16.57% 293,826
CCCFC&WCD 0 0.00% -
Danville 39,900 4.35% 77,136
EI Cerrito 23,800 2.60% 46,104
Hercule 19,250 2.10% 37,238
Lafayette 24,250 2.65% 46,991
Martinez 36,600 3.99% 70,752
Moraga 16,750 1.83% 32,450
Oakley 25,825 2.82% 50,005
Orinda 17,350 1.89% 33,514
Pinole 18,600 2.03% 35,997
Pittsbur 53,000 5.78% 102,493
Pleasant Hill 32,900 3.59% 63,659
Richmond 93,800 10.24% 181,580
San Pablo 26,750 2.92% 51,779
San Ramon 44,700 4.88% 86,534
Walnut Creek 63,900 6.97% 123,595
916,400 99.99% 1,773,062
100.00% 1,773,242
1. Population figures based on State of California Department of Finance - January 1, 1999
2. Percentages based on prorata of population.
3. Prorata share not based on population, but as a direct financial contribution.
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF PLEASANT HILL
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF RICHMOND
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF SAN PABLO
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
Dated: CITY OF SAN RAMON
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
-14-
Dated: CITY OF WALNUT CREEK
By:
Its:
APPROVED AS TO FORM:
By:
Attorney
G:1GrpData\FidCU\NPDES\BO\Amended PrgmAgtr540.doc
-1J-
EXHIBIT "A"
CONTRA COSTA CLEAN WATER PROGRAM
ADMINISTRATIVE COMMITTEE*
PARTICIPATION GUIDELINE
Large Munlci atities
Coun ide Contra Costa Coun X X x X x
Central/North County Concord x X X X x
West County Richmond X X X x x
East CounV Antioch X
CentraVNorth County Walnut Creek x
East County Pittsburg x
Medium Municl slltles
Lamodnda/South County San Ramon x
Lamorinda/South Coun Danville x
Central/North Counly Martinez x
Central/North County Pleasant Hill x
West County San Pablo x x
Lamorinda/South County Lafayette x
small Municipalities
East Cou2jZ Brentwood X x
East County Oakley x
West County EI Cerrito x
West County Hercules x
West County Pinole x
Lamorinda/South County Orinda x
Lamorinda/South Coun Mora a x
Central/North County Clayton x
Coun ide Flood Control District x
* Minimum of seven members per fiscal year
Exhibit
B
CONTRA COSTA CLEAN WATER PROGRAM
GROUP COSTS METHODOLOGY & ALLOCATION
FOR THE 2000101 FISCAL YEAR
ENTITY POPULATION' PRORATA SHARE OF BUDGET
GROUP COSTS ALLOCATION
Antioch 81,500 8.89% 157,641
Brentwood 20,050 2.19% 38,834
Clayton 11,100 1.21% 21,456
Concord 114,500 12.49% 221,478
Contra Costa County 151,875 16.57% 293,826
CCCFC&WCD 0 0.00% -
Danville 39,900 4.35% 77,136
EI Cerrito 23,800 2.60% 46,104
Hercule 19,250 2.10% 37,238
Lafayette 24,250 2.65% 46,991
Martinez 36,600 3.99% 70,752
Moraga 16,750 1.83% 32,450
Oakley 25,825 2.82% 50,005
Orinda 17,350 1.89% 33,514
Pinole 18,600 2.03% 35,997
Pittsbur 53,000 5.78% 102,493
Pleasant Hill 32,900 3.59% 63,659
Richmond 93,800 10.24% 181,580
San Pablo 26,750 2.92% 51,779
San Ramon 44,700 4.88% 86,534
Walnut Creek 63,900 6.97% 123,595
916,400 99.99% 1,773,062
100.00% 1,773,242
1. Population figures based on State of California Department of Finance - January 1, 1999
2. Percentages based on prorata of population.
3. Prorata share not based on population, but as a direct financial contribution.