HomeMy WebLinkAboutMINUTES - 04152003 - C6 ;.4
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, Public Works Director
DATE: April 15, 2003
SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or his designee,to execute a contract with
May&Associates,Inc.,in the amount of$32,000,to perform biological surveys and prepare reports
for the Orwood Bridge Replacement project, for the period April 15, 2003 to December 31, 2003,
Brentwood area. (District III) Project No. 0662-6R4076
Specific Request(s)or Recommendation(s)&Background&Justification
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director,or his designee,to execute a contract with May&
Associates,Inc.,in the amount of$32,000,to perform biological surveys and prepare reports for the Orwood
Bridge Replacement project, for the period April 15, 2003 to December 31, 2003, Brentwood.
II. Fiscal Impact:
The estimated cost of the contract is $32,000 funded by 80% Highway Bridge Repair and Rehabilitation
(HBRR) funds and 20% local roads funds.
i
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Continued on Attachment: X SIGNATURE:
son—
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
;;0'APPROVE OTHER
SIGNATURE(S) a
ACTION OF BO ON APRIL 15, 2003 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT None )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy of an action taken
CN:sr
and entered on the minutes of the Board of Supervisors on the date
G:\GrpData\EngSvc\Enviro\BO\2003\
shown.
(04-15-03)CSA-May&Assoc(Orwood Bridge-Bio).doc
Orig.Div: Public Works(Eng.Sery Division) ATTESTED: APRIL 15, 2003
Contact: Crystal Najerra(313-2190) JOHN SWEETEN, Clerk of the Board of Supervisors and County
cc: County Administrator-Attn: E.Kuevor Administrator
Auditor-Controller
Public Works
Accounting By ,Deputy
Environmental -T.Torres
Design -N.Leary
-C.Standafer
Contractor
SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or his designee,to execute a contract with
May&Associates,Inc.,in the amount of$32,000,to perform biological surveys and prepare reports
for the Orwood Bridge Replacement project, for the period April 15, 2003 to December 31, 2003,
Brentwood area. (District III) Project No. 0662-6R4076
DATE: April 15, 2003
PAGE: 2
III. REASONS FOR RECOMMENDATION/BACKGROUND:
The Consulting Service Agreement is needed to assist Public Works Department staff with specialized
biological surveys and studies for the Orwood Bridge Replacement project.
Contra Costa County Flood Control and Water Conservation District conducted outreach to several small
business enterprises(SBE)and chose May&Associates,Inc.,an SBE,as the most qualified responsible and
responsive firm.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If the Consulting Service Agreement is not approved,the County will not complete the necessary biological
studies and reports in a timely manner and will not comply with National Environmental Policy Act(NEPA).
i
CONSULTING SERVICES AGREEMENT 6
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name & Address: Ma_y and Associates, Inc.
P.O. Box 1156 / 14769 Thornton-Walnut Grove Rd.
Walnut Grove, CA 95690
(c) Project Name, Number, & Location: Orwood Bridge Replacement-(Biological Assessment)
Proi. No. 0662-6R4076 / BRLO-5928 (045)
East County
(d) Effective Date: A pri1 15
92003 (e) Payment Limit(s): _$32,000.00
(f) Completion Date(s): December 34 2003
2. Signatures.These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULTA
By: Maurice M. Shiu
Public Works Director/ By: -
Chief Engineer, or Designee ( ignate official capacity in the b>wlh000ess Type o Business:
(sole proprietorship,government agency,partnership,corporation,etc.)
If Corporation, State of Incorporation:
J
Y•CV By: i
signs a official caps in the business)
Note to Consultant: For corporations,the contract must be signed by two officers.The first signature must be that of the
chairman of the board, president, or vice-president; the second signature must be that of the secretary, assistant
secretary, chief financial officer, or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code. Sec. 313.) The
acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of
On the date written below, before me,the undersigned Notary Public,personally appeared the person(s)signing above
for Consultant, wersonally known to me (or proved to me on the basis of satisfactory evid ce) to be the person(s)
whose me(Oare subscribed to the within instrument and acknowledged to me that h3 hey executed the same
in his/ er heir authorized capacity(ies), and that by hiCl their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
CLA=,�L, # A
Dated:
Notary Public
------------------
(Notary's Seal) ANDREA VENTURA
Comm.#1342359
U40"� NOTARY PUBLIC-CALIFORNIA
Sacramento County
My Comm.Expires March 1,100
ge 1 of 8)
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3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree
and promise as follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment,
to perform the professional services described herein, upon the terms and in consideration of the
payments stated herein.
5. Scope of Service. Scope of service shall be as described in AppendixA, attached hereto and made a
part hereof by this reference.
6. Report Disclosure Section. Any document or written report prepared hereunder by Consultant, or a
subcontractor,for Public Agency shall contain, in a separate section,the numbers and dollar amounts
of this contract and all subcontracts relating to the preparation of such document or written report,
provided that the payment limit specified in Sec. 1(e) exceeds $5,000. When multiple documents or
written reports are the subject or products of this agreement,the disclosure section may also contain a
statement indicating that the total contract amount represents compensation for multiple documents or
written reports.
7. Insurance. Consultant shall, at no cost to Public Agency,obtain and maintain during the term hereof:
(a)Workers'Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with
minimum coverage of$1,000,000.00.and a maximum deductible of$- ; and (c)
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$_1,000,000.00 for all damages due to bodily injury,
sickness or disease, or death to an person,and damage property,y p g p p rty, including the loss of use thereof,
arising out of each accident or occurrence, and naming Public Agency, Contra Costa County, its/their
governing bodies,officers and employees as additional insureds. Consultant shall promptly furnish to
Public Agency certificates of insurance evidencing such coverage and requiring 30 days'written notice
to Public Agency of policy lapse, cancellation or material change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown
in Appendix B attached hereto, which include all overhead and incidental expenses, for which no
additional compensation shall be allowed. Notwithstanding the foregoing, those incidental expenses
specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant, provided
that Consultant submits copies of receipts and, if applicable, a detailed mileage log to Public Agency.
In no event shall the total amount paid to Consultant exceed the payment limit(s)specified in Sec. 1(e)
without prior written approval of the Public Agency. Consultant's billing statements shall be submitted
at convenient intervals approved by Public Agency and shall list, for each item of services, the
employee categories, hours and rates. Public Agency will pay consultant in accordance with the
requirements of Civil Code Section 3320 as applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employee of
Public Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall
complete all services covered by this Agreement no later than the Completion Date(s) listed above.
11. Record Retention and Auditing. Except for materials and records delivered to Public Agency,
Consultant shall retain all materials and records prepared or obtained in the performance of this
Agreement, including financial records,for a period of at least five years after Consultant's receipt of
the final payment under this Agreement. Upon request by Public Agency, at no additional charge,
Consultant shall promptly make such records available to Public Agency, or to authorized
representatives of the state and federal governments, at a convenient location within Contra Costa
County designated by Public Agency, and without restriction or limitation on their use.
(Page 2 of 8)
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12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge, the
items described in Appendix to document the performance of this Agreement and shall furnish to
Public Agency such information as is necessary to enable Public Agency to monitor the performance
of this Agreement.
13. Ownership of Documents. All materials and records of a finished nature, such as final plans,
specifications, reports,and maps, prepared or obtained in the performance of this Agreement,shall be
delivered to and become the property of Public Agency. All materials of a preliminary nature, such as
survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the
performance of this Agreement, shall be made available, upon request, to Public Agency at no
additional charge and without restriction or limitation on their use.
14. Extra Work.Any work or services in addition to the work or services described in AppendixA shall be
performed by Consultant according to the rates or charges listed in Appendix B. In the event that no
rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at
a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant
be entitled to compensation for extra work unless a written authorization or change order describing
the work and payment terms has been executed by Public Agency prior to the commencement of the
work.
15. Payment Retention. Public Agency shall retain ten percent(10%)of the monies due the Consultant as
security for the fulfillment of this Agreement. After the Consultant has completed all work under this
Agreement, submitted final billing, and the Public Agency has found the work to be accurate, the
Public Agency will pay all withheld funds. Public Agency will pay withheld funds in accordance with the
requirements of Civil Code Section 3320 as applicable.A retention will not be withheld for any"on-call"
work.
16. Termination by Public Agency. At its option, Public Agency shall have the right to terminate this
Agreement at any time by written notice to Consultant, whether or not Consultant is then in default.
Upon such termination, Consultant shall, without delay, deliver to Public Agency all materials and
records prepared or obtained in the performance of this Agreement, and shall be paid, without
duplication, all amounts due for the services rendered up to the date of termination.
17. Abandonment by Consultant. In the event the Consultant ceases performing services under this
Agreement or otherwise abandons the project prior to completing all of the services described in this
Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records
prepared or obtained in the performance of this Agreement,and shall be paid for the reasonable value
of the services performed up to the time of cessation or abandonment, less a deduction for any
damages or additional expenses which Public Agency incurs as a result of such cessation or
abandonment.
18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement
or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies
provided by law or equity. Any disputes relating to the performance of this Agreement shall not be
subject to non judicial arbitration. Any litigation involving this Agreement or relating to the work shall
be brought in Contra Costa County, and Consultant hereby waives the removal provisions of Code of
Civil Procedure Section 394.
19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable
laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This
includes compliance with prevailing wage rates and their payment in accordance with California Labor
Code, Section 1775.
(Page 3 of 8)
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20. Assignment.This Agreement shall not be assignable or transferable in whole or in part by Consultant,
whether voluntarily, by operation of law or otherwise; provided, however, that Consultant shall have
the right to sub-contract that portion of the services for which Consultant does not have the facilities to
perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this
Agreement. Any other purported assignment, transfer or sub-contracting shall be void.
21, SubcontractiM.All subcontracts exceeding $25,000 in cost shall contain all of the required provisions
of this contract. Consultant will pay each subconsultant in accordance with the requirements of Civil
Code Section 3321 as applicable.
22. Endorsement on Plans. Consultant shall endorse all plans, specifications, estimates, reports and
other items described in Appendix prior to delivering them to Public Agency,and where appropriate,
indicate his/her registration number.
23. Patents and Copyrights. The issuance of a patent or copyright to Consultant or any other person shall
not affect Public Agency's rights to the materials and records prepared or obtained in the performance
of this Agreement. Public Agency reserves a license to use such materials and records without
restriction or limitation,and Public Agency shall not be required to pay any additional fee or royalty for
such materials or records. The license reserved by Public Agency shall continue for a period of fifty
years from the date of execution of this Agreement, unless extended by operation of law or otherwise.
24. Indemnification. Consultant shall indemnify,defend,save, protect,and hold harmless Public Agency,
its governing body,officers, employees, representatives,and agents("Indemnitees")from any and all
demands, losses, claims, costs, suits, liabilities, and expenses for any damage, injury, or death
(collectively "Liability") arising directly or indirectly from or connected with the services provided
hereunder which is caused, or claimed or alleged to be caused, in whole or in part, by the negligence
or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or
any persons under its direction or control and shall make good to and reimburse Indemnitees for any
expenditures, including reasonable attorneys'fees and costs,the Indemnitees may make by reason
of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole
cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of
concurrent negligence or willful misconduct on the part of the Public Agency or any other person;
provided, however, that Consultant shall not be required to indemnify Indemnitees for the proportion
of liability a court determines is attributable to the negligence or willful misconduct of the Public
Agency, its governing body, officers, or employees. This indemnification clause shall survive the
termination or expiration of this Agreement.
25. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement
shall inure to the benefit of and bind the heirs,successors, executors, personal representatives, and
assigns of the parties.
26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly
endorse or oppose the use of any particular brand name or commercial product without the prior
approval of the Public Agency's governing board. In its Public Agency Consultant capacity, Consultant
shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial
product in the absence of a well-established and widely accepted scientific basis for such claims or
without the prior approval of the Public Agency's governing board. In its Public Agency Consultant
capacity, Consultant shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product,even if Consultant is not publicly
endorsing a product, as long as the Consultant's presence in the advertisement can reasonably be
interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the
foregoing, Consultant may express its views on products to other Consultants, the Public Agency's
governing board, its officers, or others who may be authorized by the Public Agency's governing
board or by law to receive such views.
(Page 4 of 8)
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27. Project Personnel. In performing the services under this Agreement, Consultant shall use the
personnel listed in Append&C, attached hereto and made a part hereof by this reference. Changes
in project personnel may only be made with Public Agency's written consent, and Consultant shall
notify Public Agency in writing at least thirty (30) days in advance of any proposed change. Any
person proposed as a replacement shall possess training, experience and credentials comparable to
those of the person being replaced.
28. Disadvantaged Business Enterprise(DBE)Requirements(Federal aid projects only). Consultant shall
comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged
Business Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In
addition, in performing services under this Agreement, Consultant shall utilize all DBEs listed in
Consultant's written response to the Public Agency's request for qualifications or request for proposal
and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this
Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount to
be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is
proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with
another DBE and shall submit to Public Agency written documentation of such effort.
29. Federal Cost Principles and Procedures (Federal aid proiects only). Consultant shall comply with the
following provisions,which are incorporated into this Agreement by reference: (a)the cost principles
for allowability of individual items of costs set forth in 48 CFR, Chapter 1, Part 31: (b) the
administrative procedures set forth in 49 CFR, Part 18;and (c)the administrative procedures for non-
profit organizations set forth in OMB Circular A-110, if applicable to Consultant. In the event that
payment is made to Consultant for any costs that are determined by subsequent audit to be
unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency
within 30 days of written request from Public Agency. Should Consultant fail to do so, and should the
Public Agency file legal action to recover the refund, Consultant shall reimburse the Public Agency for
all attorney's fees, costs, and other expenses incurred by Public Agency in connection with such
action.
Attachments:Appendix A,Appendix-B,Appendix C
Form approved by County Counsel (11100)
(Page 5 of 8)
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APPENDIXA"'
Scope of Services
OrWood Bridge Replacement, Proj..No. :0662. 6R4076.
1.PROJECT DESCRIPTION
This Agreement is to provide consulting services regarding environmental assessment and compliance for the Orwood Bridge
Replacement project. The Agreement is between May and Associates, Inc. and Contra Costa County (County). May and
Associates will provide environmental services as follows:
Provide Biological Assessment(BA)/Wetland Delineation
The NES/BA and Wetland Delineation reports must be prepared following Caltrans Guidance for Consultants-Procedures for
Completing the NES and Related Biological Reports(3/97).
a) Conduct Biological Assessment(Flora and Fauna)
1. Review relevant databases
• Review CNDDB and other databases
• Contact local or agency biologists re: known occurrences of listed species,if warranted
• Contact species experts, if warranted
2. Conduct site visit to characterize habitats and wildlife/vegetation present
• conduct walking survey to characterize wildlife and plant habitats including special habitat features
and identify wildlife and plant species potentially present at the proposed project site and adjacent
areas
• identify adjacent land uses and photograph relevant features of the site
3. Prepare a Biological Assessment report(following Caltrans Guidance for Consultants)
b) Conduct Wetland Delineation
1. Review the National Wetland Inventory Map compiled by USFWS
2. Determine the boundaries of any pools, wetlands, streams, sloughs (including OHW) following the
Coi ps of Engineers Wetland Delineation Manual(Environmental Laboratory, 1987)
3. Prepare a map of any wetlands/waters of the U.S.using digital and/or hard copy maps provided by the
County. The delineation report should follow both the Caltrans Guidance for Consultants format and the
1987 delineation manual
4. Conduct a field verification with USACE, if requested (invite Department staff to attend field
verification)
C) Prepare Natural Environment Study
1. Prepare the NES following Caltrans Guidance to Consultants
2. The NES will include the BA and the wetland delineation and will synthesize the results of the BA and
the wetland delineation
d) Attend Meetings with Caltrans
Caltrans and/or the County may request a meeting to discuss results of BA and wetland delineation.
e) Prepare Revisions to NES,BA,and Wetland Delineation
➢All Draft documents shall be submitted to the County for review prior to submittal to Caltrans,FHWA or
any other agency.
1. The County will likely require two rounds of comments
2. Caltrans will likely require one round of comments
The NES/BA shall be submitted to the County no later than 6 weeks following authorization to proceed(unless otherwise
agreed to by County staff). The final report shall be submitted to the County no later than ten days following receipt of
comments from Department staff. The consultant may be able to make the call that there is no possibility listed plants will
be a concern. If they cannot make that call based on records and available habitat,spring surveys may be necessary.
(Page 6 of 8)
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Jab Title Rate-per hour
Professional Services Payment / Rate
Job title Rate-per hour
Principal $ 95.00
Senior Biologist Planner $ 85.00
Biologist Planner $ 75.00
Fisheries Biologist $ 70.00
Biologicial Technician $ 65.00
Biological Intern $ 55.00
Reimbursables
Mileage: $0.34/mile (log provided)
Parking and Tolls Receipts provided
Photo Copy Charge $0.10/copy
Administrative Charge Additional insurance $250
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Name Job Title
,
Project Personnel
Name Job Title
May&Associates, Inc.
Loran May Principal
Matt Gause Principal
Bill Roper Senior Biologist
Erin Serra Biologist
Hughes Environmental Consulting
Elizabeth Hughes Principal
Catherine LeBlanc Senior Planner
Scott Cressey Consulting
Scott Cressey Fisheries Biologist
Form w-19
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(Rev.December 2000) Identification Number and Certification Irequester. Do not
0epartmern W the Treasury
send to the IRS.
Internal Revenue Service
Name(SeAepeci ic Ins cLion-s-an page 2.)
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Enter your TIN in the appropriate box. For
individuals. this is your social security number Social security number
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proprietor,-or-disregarded-entity, see the Part I
instructions on page Z.For other entities,it is your or For U.S.Payees Exempt From
employer identification number(EIN). It you do not Backup Withholding(See the
have a number, see How to get a TIN on page 2.
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Note:If the account is in more than one name. see
identification number instructions on page 2.)
the chart on page 2 for
guidelines on whose number 43-12121010 10
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to enter. J*-
10-TRUI Certification
Under penalties of perjury. I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number'.to be issued to me).and
2. 1 am not subject to backup withholding because: (a)I am exempt from backup withholding.or(b)I have not been notified by the Internal
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notified me that I am no longer subject to backup withholding. and
3. 1 am a U.S.person(including a U.S.resident alien).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currentlysubject to backup
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withholding'because you have failed to report all interest and dividends on your tax return.For real estate transactions.item 2 does not apply.
For mortgage interest paid. acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement
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provide your correct TIN.(See the instructions on page 2.)
Sign Signature of
Here U.S.pemon 10- Date 2- .0 3
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What is b3&00U0PF,withholding?Persons making S.You do not certify to the requester that you
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Purpose of For M� certain payments to you must withhold and pay are not subject to backup withholding under 4
A person who is required to file an information to the IRS 31%of such payments under certain above(for reportable interest and dividend
recum with the IRS must get your correct conditions.This is called"backup withholding." accounts opened after 1983 only).
taxpayer identification number(TIN)to report.for Payments that may be subject to backup
example,income paid to you.real estate- ym 0 Certain payees and payments are exempt
transactions.mortgage interest you paid. withholding include interest dividends.broker from backup withholding.See the Part It.
and barter exchange transactitris.rents.
acquisition or abandonment of secured property; instructions and the sepanite Instructions for
royalties.nonemploy#
cancellation of debt or contributions you made e pay.and certain the Requester of Form W-9L
payments from fishing boat operators.Real
to an IRA. estate transactions are not subject to backup Penalties
Use Form W-9 only it you are a U.S.person withholding. Failure to furnish 71N It you fail to furnish your
(including a resident alien),to give your correct It you give the requester your correct TIN. correct TIN to a requester.you are subject to a
TIN to the person requesting it(the requester) make Me proper certifications.and report all
and.when applicable,to: your taxable interest and dividends ory your tax penalty of S50 for each such failure unless your
J- failure is due to reasonable cause and not to
1.Certify the TIN you are giving is correct(or retum,payments you receive will not be subject willful neglect.
you are waiting for a number to be issued), to backup withholding.Payments you receive Civil penalty for false information with respect'
Z.Certify you are not subject to backup will be subject to.backup withholding it: Civil I withholding.If you make a false statement
withholding,or 1.You do not furnish your TIN to the with no reasonable basis that results in no
3.Claim exemption from backup withholding if requester,or backup withholding,you are subject to a 5500
you are a U.S.exempt payee. 2.You do not certify your TIN when required penalty.
It you are a foreign person,, use the (see the Part III instructions on page 2 for Criminal penalty for falsifying information.
appropriate Form W-8.See Pub.515, details),or Willfully falsifying certifications or affirmations
Withholding of Tax on Nonresident Aliens and 3.The IRS tells the requester that you may subject you to criminal penalties including
Foreign Corporations. furnished an incorrect TIN. or fines and/or imprisonment.
Note:if givesa requester gives you a form other than 4.The IRS tells you that you are subject to Misuse of TINS.It the requester discloses or
uses'RNs in violation of Federal law.the
Form W-9 to request your 77N,you must use the backup withholding because you did not report requester may be subject to civil and criminal
wequesw7s form if it is substantially similar to this ad your interest and dividends on your tax return
orm W-9. (for reportable interest and dividends only),or penalties.
Cat. No. 10231X Form W-9 (Rev. 12-2CCO)
CONTRA COSTA Co Recorder Office
C67
Recorded at the request of:
Contra Costa County STEPHEN L, WEIR Clerk=Recorder
Public Works Department DOC-- 200 �0 17467800
Engineering Services Division
Return to: Wednesday, APR 16, 2003 12:06:08
Public Works Department FRE $0.00
Engineering Services Division Nbr=6001432731
TtI Pd $0,00
Irc/RS/1_24
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 15, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA; GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 228
SUBJECT: Accepting Completion of the Acquisition of Off-site Right-of-Way Agreement for
Drainage Acceptance 0011 (cross-reference Subdivision 7725),Alamo area.(District
III)
The Public Works Director having notified this Board that the acquisition of off-site right-of-
way for Drainage Acceptance 0011 (cross-reference Subdivision 7725) have been completed as
provided in the acquisition of Off-site Right-of-Way Agreement with GHC Investments, LLC
heretofore approved by this Board;
PE:rm I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\BO\2003\4-15-03\DA 11 BO-42.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348) Supervisors on the date shown.
cc: Public Works -Accounting
-T.Bell,Construction
-Maintenance(w/Plat)
-P.Edwards,Engineering Services ATTESTED: APRIL 15, 2003
Recorder(via Clerk),then Records Section
CSAA-Cartog JOHN SWEETEN, Clerk of the Board of Supervisors
CHP,c/o Al and County Administrator
Sheriff-Patrol Div.Commander
GHC Investments,LLC
Tim Quinn By , Deputy
4340 Stevens Creek Boulevard,Suite 240
San Jose,CA 95129
Developers Surety and Indemnity Company
Richard Svec
PO Box 19725
Irvine,CA 92623
RESOLUTION NO.2003/ 228
SUBJECT: Accepting Completion of the Acquisition of Off-site Right-of-Way Agreement for
Drainage Acceptance 00 11 (cross-reference Subdivision 7725),Alamo area.(District
III)
DATE: April 15, 2003
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the acquisition has been COMPLETED as of
April 15, 2003 and the Acquisition of Off-site Right-of-Way Agreement and surety bond (Bond
No.867486S, dated February 12, 2002) are EXONERATED.
RESOLUTION N0. 2003/228
•
AGREEMENT
(Acquisition of Off-Site Right-of-Way)
1. PARTIES. Effective on'� ,� M Z001,,, the County of Contra Costa, referred to
as "County"and GHC Investments, LLC, referredlo as "Principal"agree as follows:
2. PURPOSE. Principal is developing certain real property, located within Contra Costa
County, designated as Subdivision 7725, and, as a condition of approval of said subdivision, Principal
is required to construct or install certain off-site public improvements, consisting of the installment of
approximately 170 feet of 60-inch HDPE pipe and approximately 710 feet of 60-inch x 46-inch
aluminum spiral rib arch pipe, connecting at one end to the 48-inch storm drain pipe at the south end
of Fairdale Way and at the other end to the north end of the 84-inch cast-in-place pipe on the south
side of Jennifer Lane. The construction or installation of off-site public improvements requires the
acquisition of title to, or an interest in, certain land(referred to as the "Right-of-Way") located within
the unincorporated area of Contra Costa County, in which land neither Principal nor County presently
has sufficient title or interest to permit the improvements to be made. The purpose of this Agreement
is to provide for acquisition of the Right-of-Way and for payment, by Principal, of all costs and
expenses of acquiring the Right-of-Way.
3. ACQUISITION OF RIGHT-OF-WAY. County agrees to consider the institution of
condemnation proceedings to acquire the Right-of-Way, so as to enable the construction or installation
of the off-site public improvements described in Section 2 above and in the conditions of approval for
Principal's subdivision. Should County elect to institute condemnation proceedings, County shall
determine, in its sole discretion, whether to acquire the Right-of-Way in fee, by easement or otherwise,
and whether to acquire title by deeds, offers of dedication or other documents. Title to the Right-of-
Way shall be acquired in the name of County or such other public entity as County shall determine.
The Right-of-Way is generally described or depicted in Exhibits "A-1"through"A-3" (metes-bounds
descriptions) and "B-1"through"B-3" (plat maps) attached to and made a part of this Agreement.
4. PAYMENT OF ACQUISITION COSTS. Principal shall pay all costs and expenses
of acquiring the Right-of-Way, including, but not limited to:
a. The deposit necessary to obtain immediate possession of the Right-of-Way.
b. The purchase price or compensation for the Right-of-Way, whether determined through
settlement,judgment or otherwise.
C. Relocation benefits, if any, payable to the owner(s) or tenants of the Right-of-Way.
d. Compensation for loss of goodwill, if any,payable to the owner(s) or tenants of the
Right-of-Way.
e. Attorney's fees, costs of suit, appraisal fees and other litigation expenses incurred by
County, whether prior to trial, at trial, or on appeal.
f. The cost of preparing environmental documents and of performing environmental
review necessary to comply with the provisions of the California Environmental Quality
1
Act.
9- Fees and costs payable upon abandonment of the condemnation proceedings, including
costs to complete the abandonment process.
h. Fees and costs awarded upon a finding of no, or insufficient public use or necessity.
i. The cost of negotiation, relocation assistance or other services performed by County.
Principal's obligation to pay all costs and expenses of acquiring the Right-of-Way shall exist
whether County elects to institute condemnation proceedings or not.
5. ADDITIONAL DOCUMENTS: No later than 10 days after the filing of the final map
pursuant to Government Code Section 66457, Principal shall provide County with all information
necessary to obtain a Resolution of Necessity, including the following documents and information in
writing:
a. The name and address of the owner(s) of the property and any tenants on the property,
the legal descriptions (metes and bounds) and plat maps (drawn to scale) of the
property to be condemned.
b. Evidence of compliance with the California Environmental Quality Act of 1970 (Pub.
Resources Code Section 7260 et seq.).
C. A statement of all offers made to obtain the property by negotiation and copies of all
correspondence indicating offers and responses, including evidence of offers, which
satisfy the requirements of Government Code Section 7267.2.
d. Current title reports and appraisals of the property to be condemned.
6. LEGAL SERVICES. Upon election by County to institute condemnation
proceedings,the County Counsel's Office shall have supervision of the said condemnation action'.but
Principal's attorney shall perform all legal services required for said condemnation action, such as (a)
commencing proceedings pursuant to Title 7 (commencing with Section 1230.010)of Part 3 of the
Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be
made, including proceedings for immediate possession of the property under Article 3 (commencing
with Section 125 5.410) of Chapter 6 of such title; (b) all required legal appearances; (c) conducting the
trial of said matter; and(d)handling any required post-trial proceedings, including appeals. Any
attorney retained by Principal shall be associated as.special counsel for County,but County shall not
be responsible for payment of the fees or expenses charged by such attorney. Principal agrees that any
attorney retained by Principal shall conduct the legal proceedings without delay and in such a manner
as to acquire the Right-of-Way as soon as practicable. Principal's attorney shall notify County
Counsel in writing of the following events immediately upon their occurrence: the date eminent
domain proceedings are commenced, the date possession of the property is obtained, and the date title
to the property is obtained.
Notwithstanding Principal's use of a private attorney, County retains the right, in its sole
2
at any time,to require that the County Counsel's Office resume exclusive handling of the
discretion, %W1
legal proceedings until the Right-of-Way have been finally acquired, whether through settlement,
judgment or otherwise.
All services rendered by the County Counsel's Office will be charged to Principal at the rate of
$120.00 per hour. Costs of suit,deposition fees, appraisal fees,telephone tolls, mileage, fax charges,
delivery or mailing services and other expenses are additional and will be charged to Principal at
actual cost.
7. OTHER SERVICES. County may perform such other services as County, in its sole
discretion,, deems necessary for acquisition of the Right-of-Way. These may include,without
limitation, negotiation and relocation assistance service provided by the Public Works Department
(Real Property Division) and environmental review service provided by the Conn aunity Development
Department. Such other services will be charged to Principal at County's fully burdened salary rate.
It
8. DEPOSIT OF PRELIMINARY COSTS AND EXPENSES. At the time of
executing this Agreement,Principal shall deposit with County the sum of$5,000 in cash,certified
check or cashier's check, which sum shall cover the estimated costs for services and expenses
described in sections 4, 5, 6 and 7 above.
If, at any time, the above described deposit is exhausted, or it is determined by County that the
balance of the deposit appears to be insufficient to cover future costs or expenses that County may
incur,then County shall promptly notify Principal in writing. Within 15 days of the date of such
notice, Principal shall deposit,with County,the additional sum as determined by County and as
specified in the notice.
Any portion of the deposit(s) made by the Principal that is not used to cover costs or expenses
incurred by County shall be reftinded to Principal.
9. DEPOSIT OF PROBABLE COMPENSATION. In those cases where Principal has
obtained an appraisal of the Right-of-Way prior to executing this Agreement,Principal shall, at the
time of executing this Agreement, deposit with the County, in cash, certified check or cashier's check,
the sum shown in the appraisal, which sum shall be used to obtain immediate possession of the Right-
of-Way pursuant to Code of Civil Procedure Section 1255.010.
In those cases where Principal has not obtained an appraisal of the Right-of-Way prior to
executing this Agreement, Principal shall, at the time of submitting the appraisal required under
Section 5, also make the deposit just described.
An appraisal (check one):
[X] has been obtained. The probable amount of compensation to be deposited with County
0
is $301000.00.
[ ] has not been obtained.
Prior to the time the condemnation action is to be filed, Principal may make written application
3
to County to deposit with the Court the probable amount of compensation pursuant to Code of Civil
Procedure Section 1255.010. Said application must be made no later than three (3)days following the
adoption of the Resolution of Necessity by the Board of Supervisors and a copy of the application
shall be sent to the County Counsel's Office. In the alternative, Principal may make the Code of Civil
Procedure Section 1255.010 deposit from other sources and upon proof thereof, request County to
return the amount of probable compensation previously deposited with County.
If an increase of deposit is ordered by the court,pursuant to Code of Civil Procedure Section
1255.030, Principal shall deposit the amount of the increased deposit with the court within five(5)
days of receipt of the court's order to increase the deposit.
Any portion of the deposit(s) made by Principal and retained by County (as opposed to being
deposited with the court)that is not used by to cover costs or expenses incurred by County shall be
refunded to Principal.
10. SECURITY FOR PRINCIPAL'S OBLIGATIONS. At the time of executing this
Agreement,Principal shall, in addition to the deposits described in Sections 8 and 9, submit to County
a corporate surety bond, letter of credit or other security in the sum of$ 85,300.00, which sum will
cover the estimated costs and expenses to be incurred by County between the time immediate
possession of the Right-of-Way is obtained and the time the eminent domain proceeding is finally
concluded, as well as any potential additional compensation, benefits and attorney's fees that may be
y y
awarded to the owner(s) of the Right-of-Way in the eminent domain proceeding. The security
submitted by Principal shall be in a form acceptable to the County Counsel's Office, shall list County
as beneficiary or payee, and shall guarantee the payment and performance of all obligations of
Principal under this Agreement. Should County file suit to collect the security submitted by Principal,
then Principal and the issuer of the security shall pay all costs, attorney's fees, investigation fees,
expert fees and other expenses incurred under this section. Such payment shall in no way limit
Principal's responsibility for payment of all costs and expenses described in Sections 4, 6 and 7.
11. RECORDS. County will maintain accurate records of all services performed by
County and all costs or expenses incurred by County. Upon Principal's request, copies of said records
will be given to Principal by County.
12. ACQUISITION TIME. Concurrently with signing this Agreement, Principal plans to
file with the County for approval the final map for Subdivision 7725 pursuant to Government Code
Section 66457. Principal acknowledges and agrees that, upon the County's approval of the final map,
the 120-day time limitation in Government Code Section 66462.5 (imposed on cities and counties to
acquire land by negotiation or commence condemnation proceedings) does not apply to acquisition of
the Right-of-Way.
By this Agreement, Principal assumes the obligation to acquire title to the Right-of-Way by
negotiation or commence condemnation proceedings, in accordance with Section 6, and shall do so
within 120 days of the date of the filing of the final map; however, in no event shall the eminent
domain action be filed later than 10 days after a Resolution of Necessity has been adopted by the
Board of Supervisors. If possession of the Right-of-Way has not been acquired within 60 days of the
date the final map was filed, Principal shall notify the County Public Works Department and the
County Counsel's Office of this fact, in writing,no later than 65 days after the final map was filed.
4
t '
Principal shall acquire and dedicate to the County title to the property (whether by fee, easement or
otherwise)no later than 18 months after the commencement of an eminent domain action.
If, for any reason, the 120-day limit of Government Code Section 66462.5 is construed to
apply to acquisition of the Right-of-Way, the obligation to meet that limit has been assigned to
Principal by this Agreement. Principal shall make all payments, and perform all obligations, required
of Principal under this Agreement in a prompt manner, so as to meet the schedule imposed by
Government Code Section 66462.5,to the extent applicable. Any time delay caused by or resulting
from delay in payment or a delay in the performance of or failure to perform any act required by or
related to this Agreement, for whatever reason, on the part of Principal, Principal's attorney or their
agents or employees, or any time expended in complying with the requirements of the California
Environmental Quality Act shall not apply against the 120-day time limit and shall not relieve
Principal of the obligation to complete off-site improvements. Principal agrees that the 120-day time
limit shall be tolled for the period of the delay. Principal further agrees that, if the 120-day time limit
is exceeded as the result of any act of Principal, Principal's attorney or their agents or employees,
Principal shall not be relieved of its obligation to construct or install the off-site improvements
described herein.
13. HOLD HARMLESS. Principal agrees to defend, indemnify, save and hold harmless
County, its boards, officers, employees and agents from and against any and all costs, expenses or
liability incurred by County or Principal in connection with Principal's acts, errors or omissions,
pursuant to this Agreement, or otherwise related directly, or indirectly, to the acquisition of the Right-
of-Way, or the project to be constructed by Principal.
14. SEVERABILITY. Should any provision of this Agreement be held to be invalid or
unenforceable by a court of competent jurisdiction, such holding shall not affect the remaining
provisions of this agreement.
COUNTY PRINCIPAL
County of Contra Costa GHC Investments, LLC, a Delaware
limited liability corn any
By: By:_
Chair, Board of Supervisors Patrick Costanzo, Jr.
Executive Vice President
Greenbriar Homes Communities, Inc., a
California corporation, as manager of
GHC Investments, LLC
• By: /
Ronald Mukai
Vice President
Greenbriar Homes Communities, Inc., a
California corporation, as manager of
GHC Investments, LLC
5
�r +
h
ATTEST: John Sweeten, County Administrator
and Clerk of the Board of Supervisors
By•
Deputy
RECOMMENDED FOR APPROVAL:
Maurice M. Shiu, Public Works Director.
By.
FORM APPROVED:
Silvano B. Marchesi, County Counsel
By:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Description of Attached Document ,
Title or Type of Document:
Document Date: Number of Pages: '
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0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-878-8827
DRAINAGE ACCEPTANCE 0011
STORM DRAINAGE BRAND (APN: 192-230-014)
Job No. 87185
March 1, 2002
E IT `A-1'
Parcel 1 —Storm Drain Easement _
All that certain real property situate in the County of Contra Costa, State of California, described
as follows:
Being a portion of Parcel "B" of Subdivision MS 262-65 recorded March 22, 1966, in Book 40
of LSM at Page 20, Contra Costa County Records, further described as follows:
B E GINNING at a point on the easterly line of said Parcel "B", distant North 1100212211 West,
3 8.86 feet from the southeast corner of said Parcel`B";
TIJENCE leaving said Point of Beginning and said easterly line South 360015150" West, 74.83
feet;
THENCE South 0058'56" East, 21.98 feet to a point on the southerly line of said Parcel"B";
THENCE along said southerly line South 49007'18" West, 15.64 feet;
THENCE leaving said southerly line North 0'58'56" West, 36.04 feet;
THENCE North 36006'50" East, 89.99 feet to a point on the easterly line of said Parcel"B";
THENCE along said easterly line South 11002'2211 East 16.37 feet to the Point of Beginning.
Containing an area of 1,337 square feet of land, more or less.
Bearings are based on the California Coordinate System, Zone III.
Parcel 2 Temporary Construction Easement
(To expire at the end of construction or whichever occurs first).
Being a portion of Parcel "B" of Subdivision MS 262-65 recorded March 22, 1966, in Book 40
of LSM at Page 20, Contra Costa County Records, filrther described as follows:
BEGINNING at a point on the easterly line of said Parcel "B", distant North 1100212211 West,
55.23 feet from the southeast comer of said Parcel"B";
THENCE leaving said Point of Beginning and said easterly line South 36006'50" West, 89.99
feet;
THENCE South 005856" East, 36.04 feet to a point on the southerly fine of said Parcel'.'B"-'
THENCE along said southerly line South 4900711811 West, 13.03 feet;
THENCE leaving said southerly fine North 0'58'56" West, 47.75 feet;
THENCE North 36006150" East, 102.62 feet to a paint on the easterly fine of said Parcel"B";
THENCE along said easterly fine South 11002"22" East 13.64 feet to the Point of Beginning.
0
M=9-
Containing an area of 1,381 square feet, more or less.
Bearings are based on the California Coordinate System, Zone III.
PREPARED BY:
JAMES E. DIGGINS DATE
iEE-2-7818
EXPIRES: 3131/01
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DRAINAGE ACCEPTANCE 0011
STORM DRAINAGE EASEMENT MORISON PARCEL (APN: 192-280-008)
Job No. 87185
March 1, 2002
EXHIBIT `A-2' _
Parcel 1 —Storm Drain Easement
All that certain real property situate in the County of Contra Costa, State of California, described
as follows:
Being a portion of lands described in the deed to E. Virginia Morison, trustee, recorded June 28,
1995, in Document No. 95-101174 of Official Records, Contra Costa County Records, further
described as follows:
COMMENCING at the southeast corner of said lands of Morison (95-1011174), said southeast
corner also being the southwest corner of Lot 1 of Subdivision 6940, recorded May 18, 1988, in
Book 322 of Maps at Page 7, Contra Costa County Records; thence leaving said Point of
Commencement along the southerly line of said lands of Morison (95-101174) South 84049'085'
West, 10.03 feet to the True Point of Beginning of the herein-described easement; thence leaving
said True Point of Beginning, continuing along said southerly line, South 84°49'08" West, 12.03
feet; thence leaving said southerly line, North 0058'56" West, 533.49 feet to aP oint on the
northerly line of said lands of Morison (95-101174); thence along said northerly line North
48057953"" East, 15.68 feet; thence leaving said northerly line, South 0058'56" East, 542.70 feet
to a point on said southerly line of said lands of Morison (95-101174) and said Point of
Beginning.
Containing an area of 6,458 square feet of land, more or less.
Bearings are based on the California Coordinate System, Zone III.
ti
Parcel 2—Temporary Construction Easement
(To expire at the end of construction or whichever occurs first).
Being a portion of lands described in the deed to E. Virginia Morison, trustee, recorded June 28,
1995, in Document No. 95-101174 of Official Records, Contra Costa County Records, further
described as follows:
COMMENCING at the southeast corner of said lands of Morison (95-101174), said southeast
corner also being the southwest corner of Lot 1 of Subdivision 6940, recorded May 18, 1988, in
Book 322 of Maps at Page 7, Contra Costa County Records; thence leaving said Point of
Commencement along the southerly line of said lands of Morison (95-101.174) South 84049'08"
West, 22.06 feet to the True Point of Beginning of the herein-described easement; thence leaving
said True Point of Beginning, continuing along said southerly line, South 84049'0855 West, 10.03
feet; thence leaving said southerly line, North 0°58'56"�West, 525.82 feet to *a point on the
northerly line of said lands of Morison (95-101174); thence along said northerly line North
48057153"" East, 13.06 feet; thence leaving said northerly line, South 0058'56" East, 533.49 feet
to a point on said southerly line of said lands of Morison (95-101174) and said Point of
Beginning.
Containing an area of 5,295 square feet, more or less.
Bearings are based on the California Coordinate System, Zone III.
PREPARED BY:
J S E. DIGGINS DATE
R 27818
EXPIRES: 3/31/02
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EXHIBIT 118-2' DeBolt Civil Engineering IFES. 00z
PLAT TO ACCOMPANY 81f San Ippon Valley Boulevard r' - 100'
LEGAL DESCRIPTION PD Oanrille; California 94525 or.
ip/Ft
925 / en-neo �
DRAINAGE ACCEPTANCE 0011
STORM DRAINAGE EASEMENT NELSON(APN: 192-280-016)
Job No. 87185
March 1, 2002
EXIMI'T `A-3'
Parcel 1—Storm Drain Easement
All that certain real property situate in the County of Contra Costa, State of California, described
as follows:
Being a portion of Parcel "A" as shown on that certain Parcel Map of MS 108-88 filed for record
in Book 150 of Parcel Maps at Page 20, Contra Costa County Records, further described as
follows:
COItiIM ENCING at the northeast corner of said Parcel `A'; thence leaving said Point of
Commencement along the northerly line of said Parcel `A', South 84049108" West, 10.03 feet to
the True Point of Beginning of the herein-described easement, thence leaving ,said Point of
Beginning and said northerly line South 0058'56" East, 30.08 feet to a point on the northerly line
of the storm drainage easement as shown on said map; thence along last said northerly line South
84049508" West, 4.65 feet; .thence South 5011'20" East, 15.00 feet; thence South 84049'08"
West, 8.48 feet; thence North 0058156" West, 45.12 feet to a point on said northerly line of said
Parcel `A'; thence along last said northerly line North 84049'08" East, 12.03 feet to said Point of
Beginning-
Containing an area of 480 square feet of land, more or less.
Bearings are based on the California Coordinate System, Zone III.
Parcel 2—Temporary Construction Easement
(To expire at the end of construction or whichever occurs first).
Being a portion ion of Parcel » ,
as shown.on that certain Parcel Map of MS 108-88 filed for record
in Book 150 of Parcel Maps at Page 20, Contra Costa County Records, further described as
follows:
COMMENCING at the northeast corner of said Parcel `A'; thence leaving said Point of
Commencement along the northerly line of said Parcel `A', South 84°49'08" West, 22.06 feet to
41 0
the True Point of Beginning of the herein-described, easement, thence leaving said Point of
Beginning and said northerly line South 0058156" East, 45.12 feet; thence South 84149'08"
West, 10.03 feet; thence North 0'58'56" West, 45.12 feet to a point on.said northerly line of said
Parcel `A'; thence along last said northerly line North 84°49'08" East, 10.03 feet to said Point of
Beginning.
Containing an area of 451 square feet, more or less.
Bearings are based on the California Coordinate System, Zone III.
PREPARED BY:
J S E. DIGGINS DA E
RCE 27818
EXPIRES: 3/31/02
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No.CE-27818
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OF
EXHIBIT 118-3" Date
DeBolt Civil Engineering FE13.200
PLAT TO ACCOMPANY '1'�
812 San Raman Valley Boulevard f 5 D
LEGAL DESCRIPTIONOanville: California 94&16JED K.
925 1837-3780 .:
f
Subdivision: 7725
Bond No.: 867486S
PREMIUM: $853.00
SECURITY BOND FOR ACQUISITION OF
OFF-S RIGHT-OF-WAY AGREEMIENT
(Performance,Guarantee,and Payme*nt)
(Calif Government Code§§ 66499-66499.10)
1. RECITAL OFUBDIVISTOI�rI„ AGREEMENT.The Principal has executed an a eement with the County
to acquire off-site right of way for the construction of drainage improvements for Subdivision 1�7 2 5
as specified in the Acquisition of Off-Site Right-of-Way Agreement,and to complete said work within the time specified
for completion in the Acquisition of Off-Site Right-of-Way Agreement, all in accordance with State and local laws and
rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBUGA 0
AHC Investments, LLC - .as Prin6paL and
DEVELOPERS SURETY AND INDEMNITY CoMpANy a corporation organized existing under the laws of the State of_
IOWA and authorized to transact surety business in California,as Surety,hereby
jointly and severally bind ourselves, our heirs,executors,administrators, successors, and assigns to the County of Contra
Costa,California,to pay it:
-($85., 300. 00)
A. Performance&Guarantee Eighty Five Thousand -Three Hundred ' —Dollars
(S) for itself or any city-assignee under the above County Acquisition of Off-Site Right-of-Way Agreement
3. CONDMO This obligation is subject to the condition set forth on the reverse side hereof.
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
principal, his or its heirs,executors,administrators, successors or assigns, shall in all things stand to and
abide by,and well and truly keep and perform the covenants,,conditions and provisions in the agreement
and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time
mW in the manner therein specified,and in all respects according to their time intent and meaning,and shall
indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and
employees, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and
Temain M* full force and effect
As a pad of the obligation secured hereby and in addition to the face amount specified therefor,there
shall be included costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by
County(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in
any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and-all other persons
employed in the performance of the.aforesaid agreement and referred to in the aforesaid-Civil Code for
materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act
with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount
herein above set forth,and also in case suit is brought upon this bond,will pay,in addition to the fact amount
thereof,costs and femonable expenses and fees, 'including reasonable attorney's fees, incurred by County
(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,and to be
taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)
of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit
brought upon this bond.
AM
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said Acquisition of(offoSite Right-of-Way Agreement agreed to by the Principal
and the.County shall relieve any Surety from liability on this bond;and consent is hereby given to make such
alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of
California Civil Code §§ 2819, and holds itself bound without regard to and independently of any action
against Principal whenever taken.
SIGNED AND SEALED
V1% on FEBRUARY 14, 2002
GHC Investmentsf LLC DEVELOPERS SURETY AND INDEMNITY COMPANY
Principal Surety
4340 Stevens Creek Blvd, #240 3100 OAK ROAD, SUITE 260
Address Address
San Jose,, CA 9.5129 WALNUT CREEK, CA 94596
City,State and Zip City,State and Zip
By J . By
Ronald Mukai j Patrick Costanzo, Jr, RICHARD S. SVEC
Print Name Print Name
CFO Executive Vice President ATTORNEY-IN-FACT
Title Title
(Mis area for official notary flags.All signatures must be properly notarized in accordance with Civil Code Section 1180.
The names and titles of the people signing the documents must be listed on the notary flag.)
=W
NWWSI%SRARDATAWjfpD;KtaLWAgSveon=%N WORDSN-13.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cali
County of Santa Clara
On FEBRUARY 14, 2002 before me, Anna Sweeten, Nntaq-Public 5
personally appeared Richard S. SveQ
Z personally known to me-OR- F]proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within
instrument and acknowledged to me that he
executed the same in his authorized capacity, and
that by his signature on the instrument the person, or
ANNA SWEETt--,.4 the entity upon behalf of which the person acted,
COMM.#13167%'-�14
NK
OTARY PUr X
CAUFORMA 0 executed the instrurnent.
SANTA CLARA COUNTY
MY Comm.Expires August 30,2005
WINE
WITNESS my and and official seal
SENAIVM OF NOTARY
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent
reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
❑CORPORATE OFFICER
RIGHT OF WAY BOND
TITLE(S) TITLE OR TYPE OF DOCUMENT
QPARTNER(S) F-1 LIMITED
[:] GENERAL
{ATTORNEY-IN-FACT NUMBER OF PAGES
❑TRUSTEE(S)
[:]GUARDIAN/CONSERVATOR
❑OTHE DATE OF DOCUMENT
SIGNER(S)OTHER THAN NAIffiD ABOVE
SIGNER IS REPRESENTING
NAME OF PERSON(S)OR EN' W(IES)
DEVELOEPRS SURETY AND INDEMNITY COMPANY
• `e i '4.
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint:
*** Richard Svec, Anna Sweeten, Rick F. Prentice, William J. Prentice, Suman K. Toor, jointly
or severally***
as the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the
Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 81h day of November,2000.
By.
David H.Rhodes,Executive Vice President �.•``���..AN.D•/NO GOMPANy 0�
.•,�JQ,•'DSP ORq'�,.F� `-i pp�P ORq�,C'.y
•'
Ci
'�4. : OCT.5 O
:W; SEAL :n: w
1967
:O 1936 ;p
By: Z ?
_
Walter A.Crowell, Secretary �7'•.• /OW P •:'6 4'
,q�
• •` 1F0
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On November 8,2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of
satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
DIANE J.KAWATA
COMM. m
L ? NOTARY PUBUC CALIFORNIA E
S ignature +o ORANGE OOUNTY ..
My Corm.Exo.,an.8,20M
CERTIFICATE
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does
hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 14THday of FEBRUARY 2002
By
David G.Lane,Chief Operating Officer
1D-1380(11/00)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,•-•.t^.:,.1,A.:•"1-.n.4 lea �•�'11 n���•'l\f•r,.�. 1 w'` \�•��•�`...
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to be the person(s) whose name(s) is/are '
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acknowledged to me that he/she/they executed ,
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County the entity upon behalf of which the person(s)
..f•. Jvy Cornm, F c : s NOVb,2002. acted, executed the instrument.
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wl S my hand and official seal. f '
'i- Place Notary Seal Above Signature of Notary Public 1
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, Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document. ,
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above: 'a
Capacity(ies) Claimed by Signer
Signer's Name: c
< ❑ Individuallop of thumb here ,
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
♦ ♦�.; .:, ..''.+ -.^ . (1 • .\,..�.•••_,,4`�♦\. ', .,_�\ .\'."\ ^`• ..ate+��•.♦.\ �' A—%�-..'4.a..:1....A 4...:k•... -...1i... ..:a. _.~'►_.,'
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to be the person(s) whose name(s) is/are `
subscribed to the within instrument and '
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t acted, executed the instrument.
WI N S m hand and official seal.
Y ,
' Place Notary Seal Above Signature of Notary Public
f•
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OP TIO L '
RQ Though the information below is not required by law, it may pro a to persons relying an the document ,
and could prevent fraudulent removal and reattachment of this fonn to another document. ,
Description of Attached Document
Title or Type of Document:
E
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
t
Capacity(ies) Claimed by Signer '
' Signer's Name: rZI RN ?7TbMpZMM7❑ Individual
of thum
Officer Titles �
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❑ Partner--❑Limited Cl General
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0 1997 National Notary Association•9350 De Soto Ave.,P.Q.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
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COUNTY RA COSTA P� � � :�
.
PERMIT P IRMIT
'OFFICE OF tou AUDITOR-CONTROLL
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM 100
ORGANIZATION NUMBER
Pu13L,►c woRit5 � ..� .
(For Cash Collection Procedures see County Administrator's Bulletin 105.)*
DESCRIPTION FUND/ORG. ��T TASK OPTION ACTTY AMOUNTSA . ACTIVITYI I I
L 3 $ ...;..R
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EXPLANATION: OR D 500 6_14 Dq 15 5 C-_1 19 TOTAL $
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i L)9 I bq 4.0.0 61109 110 Z-)C1__ 6_1 1649 b I- 611 CY9 17 Ig. DEPOSIT
0(6 V6 5• 611 Cchi13 D I &1 109 1-3 Lo--3 Vv 1 (-1 109 13:)-7 6-7i 09 13 Deposit consists of the followingitems
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67 C-yg I 3 a COIN and CURRENCY a 't09� 7� �
CHECKS;M.O.,ETC. $ 47, 7-!S7.0-6)
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FOR AUDITOR-CONTROLLER USE ONLY
`�l� '0�� �l U � ('11��Uy�r� �i0lo,
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PERMIT
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-DATE
61, 0,�6 ASSIGNED
The amount of money described above is for Treasurer's receipt of above arfiount is a Receipt-of above amount is hereby
deposit into the County Treasury. acknowledge—
�_ ,n_ n., �,, ��1 a'k-
Date
Signed-.
Signed: op
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COUNTY OF CONTR
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DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLK
MARTINEZ,
-CALIFORNIA
TO THE TREASURER:
RECEIVED FROMR, �:, ts vU
``
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION ��TFUND/ORG. TASK OPTION ACTIVITY AMOUNT
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t I
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►so'. �I��1 n�� P v��vs `1��5 �F�:��7 a i Ivo
5� 155
Ile tj 1 - --
q, 111)"1 E) 0,
��s 1 - �L)A DD
f-1 I A--
v35a� ����v i�t� �v�oc j v�gad
I4 � vo A 99.5fIs B' g oo
00 D1 I -A I L DLA L)60 '�i
A �� � .00
L)4. C, �93!
.e"
'(�2
-L t J 1 -1 1 11 1 1- 1 1
V\
���60
Lj"'-J0".'**10* i4 D I t I t- 1 11 1 11 1 7
I I I I L 1--f- TOTAL
EXPLANATION: DEPOSIT
Deposit consists of the following items
COIN and CURRENCY
CHECKS,KO.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLERUSE ONLY
DEPOSIT '? �y� �3
PERMIT DP
NUMBER
6 -TE
A
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amQunt-* Receipt of above amount is hereby
knowleid
deposit int6the Cotinty Treasury. ged.
Date. -�,l
Signed
S4*d:
EXT. Deputy Cq(pnty A.Witor Npu!y.g A
wig
�-34 REV.17�93)
IV
COUNTY OF CONTRA COSTA
r �`
DEPOSIT PERMIT
+�.' . ....� OFFICE OF COUNTY AUDITOR-CONTROLLM 1
v
• + '' _ MARTINEZ,CALIFORNIA
TO THE TREASURER: _ L.
RECEIVED FROM
ORGANIZATION NUMBER lob
�Y-
R I<
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
rr � bSoo
t
345 ,I I -A I I I I I I I I I I L I I J- I I -I- 1 11 1
°L
r
- t
t
t
t
t
t
i
T •
i
i
t
i
t
t
t '
t
t
1 � t
t
t
. t.
EXPLANATION: TOTAL $
DEPOSIT t
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
. DATE ��.�+� FEB
ASSIGNED
The anuninf of.money described above is for Treasurer's receipt-:of above amount is .d. Receipt of above amount is hereby
sit into the Covnty'Tneasury. ,�'1 acknowledged
Date .1
rte:
LitMdr. f CgtW► noir Depu •T sv
34 REV. T-Q3 � r
0682-9752 / 8192009 61091363, $13,776.00 M521-98, Sara R. & A. Eric Ghisletta
J. T. Ten, 330 Arroyo Or, Martinez, CA 94553
0648-9140 / 812100.0 G1091361, $5,345.00, MS 21-98, Kent Douglas Randall, 2711
Benson Ct, Martinez, CA 94553
0648-9140 / 812100: 610917161 $29,206.00, MS 801-00, City of Walnut Creek, P 0
Box 8039, Walnut Creek, CA 94596
819800-0800: 61091361, $11200.00, M521-98, Kent Douglas Randall, 2711 Benson Ct,
Martinez, CA 94553
0649-9665 831000: 61091095, $1,395.05, Flood Control FC630-99, Beck
Properties Inc, 3114 West Hammer in, Stockton, CA 95209
0649-9665 / 831000: 61091347, $500.00, Record of Survey R52651, Albert D.
Seeno Const Co. P 0 Box 41131 Concord, CA 94524
0649-9665 831000: G1091348,f $500.00, Record of Survey R52650, Albert D.
Seeno Const Co. P 0 Box 4113., Concord, CA 94524
0649-9665 / 831000: G1091353, $6,100.00, M513-98, Plan Review, John M. & Debbie
L. Pereira, 1505 Finley Rd, Pleasanton, CA 94588
0649-9665 831000: 610913541 $5,000.00, Flood Control Permit FC613-01,
Blacksmith Homes LLC, 12885 Alcosta Blvd Suite A, San Ramon., CA 94583
0649-9665 / 831000; G1091359, DA 00111 GHC Investments LLC, 4340 Stevens
Creek Blvd Suite 240, San Jose., CA 95129
$5,000.00 Acquisition of offsite R/W agreement Section 8, Preliminary costs
& expenses deposit
$30,000.00 Section 9, Probable Compensation deposit
0649-9665 / 831000: 61091361, M521-98, Kent Douglas Randall, 2711 Benson Ct,
Martinez, CA 94553
Inspection Deposit $4,290.64
Map Check Deposit $1,189.00
Improvement Plan Review $1,000.00
0649-9665 / 831000: G10913631 $4,825.36, M521-98, Inspection Deposit, Sara R. &
I
A. Eric Ghisletta A J. T. Ten., 330 Arroyo Or, Martinez, CA 94553 Inspection Deposit