HomeMy WebLinkAboutMINUTES - 04062004 - C18-C21 O
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THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA
Adopted this Resolution on April 6, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE RESOLUTION NO. 20041 174
Deerings Water code, Uncodified Acts
ABSTAIN: NONE Act 1656 § 32
West's Water Code, Appendix 64-31
Government Code § 25526.5)
SUBJECT: ADOPT Resolution No. 20041 accepting the Grant Deed from Mission Peak
Homes, Inc. for Flood Control and Water Conservation District's purposes, in
connection with Deer Creep Channel. [CDD-CP01-46]
Project No. 7505-6F8312
Brentwood Area (District V)
The Board of Supervisors of Contra Costa County as the Governing Body of the Contra
Costa County Flood Control and Water Conservation District, RESOLVES THAT:
This Board hereby FINDS that the proposed activity will not have a significant effect on
the environment, and that it has been determined to be exempt from the California Environmen-
tal Quality Act (CEQA) under State CEQA guidelines Section 15061 (b)(3) and DIRECTS the
Director of Community Development to file a Notice of Exemption with the County Clerk and
DIRECTS the Public Warks Director to arrange for payment of a$25.00 fee to the County Clerk',
for filing and a$25.00 fee to Community Development for processing of the Notice of Exemption.
This property exchange is in conformance with the City of Brentwood's General Plan.
The District recommends the Board accept these property rights to legalize access and
for the responsibilities of maintenance of facilities constructed by the developer. These parcels
were reserved for Flood Control purposes on Subdivision Map 6811 (399'M46).
This Board hereby APPROVES and AUTHORIZES the acceptance of said interest to
Contra Costa County Flood Control and Water Conservation District, pursuant to Government
Code Section 25526.5.
The Real Property Division is ORDERED to record said Grant Deed in the office of the
County Recorder.
1 hereby certify that this is a true and correct
p.gpp.eh copy of an action taken and entered on the
G:kGrpData\RealProp12004-Files\BOS&RESIBR2CA Mission Peak Hornes.doc minutes of the Board of Supervisors on the
date shown.
Brig.Div: Public Works(RIP) ARIL 06 2004
Contact: C.Pifia-Sandoval(313-2012) ATTESTED: r
Recording to be completed by PW JOHN SWEETEN,Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-controller(via RIP)
Engineering Services(Trina Torres) By __ Deputy'
P.W.Accounting
Board Orders Clerk Specialist,Adm.
RESOLUTION NO. 20041 174
RECORDING REQUESTED BY
Contra Costa County
Real Property Division
WHEN RECORDED MAIL TO:
Mission Peak Homes
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MISSION PEAK HOMES, INC.,a California corporation
Does hereby GRANT to
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political
subdivision of the State of California
The real property in the City of Brentwood
County of Contra Costa State of California, described
as
Parcels B, C and D, Subdivision 6811, filed May 11, 1998, Map Bonk 399, Pages 46-51, Contra Costa
County Records, as corrected by that certain "Certificate of Correction" recorded October 21, 1998,
Instrument No. 98-280060,Official Records.
Assessor's Parcels No.'s 017-430-084 and -085
Dated: I'lav, ,�� , e'�>!
MISSION PEAK HOMES, INC., a California
corporation
STATE OF CALIFORNIA } By:
COUNTY OF, ,�+ )ss
INk
n2,2 I
before me th t ��
untiersi, �� appeared
�� 4 - Ala
Personalty known to me { ERIC M C�
e Terre"to be the persony whose name is4ro subscribed to the Commission* 1229172
within instrument and acknowledged to me that he/94aAhey executed the
idatcry PUb1tC-C01i#t7trttci
same in hisgwt Wk authorized capacity�, and that by hisl4a~ AlamWa Courtly
signature on the instrument the person or the entity upon behalf of MyCorrtm.BPhX 1uf�7* 03
which the person acted,executed the i strument.
WITNESS my hand and official seal.
M
Signature
Recorded at the request of: t,,r�•1 I
Contra Costa County
Board of Supervisors
Return to:
Contra Costa County
Public Works Dept.
255 Glacier Drive
Martinez, CA 94553
Attention: Olivia D. Reynolds
THE BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on April 6, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND 'GLOVER
NOES: NONE
ABSENT: NONE RESOLUTION NO.2004/ 175
(F.C.D. Act, Section 31)
ABSTAIN: NONE (Government Code § 25367)
SUBJECT: ADEPT Resolution No. 2004/ 175 approving the vacation'of a Grant Deed of
Development Rights for a portion of Lot 9, Subdivision MS02-0018, located on
Bixler Road. Byron Area. District 111.
Project No. 0651-61-0069
The Board of Supervisors, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District RESOLVES THAT:
This vacation request is for a grant deed of development rights no longer required for public
use (Government Code Section 25367). A description of the area to be vacated is described in
Exhibit "A" and shown as Exhibit "B" attached hereto.
This Board declares that the hereinabove described proposed area is HEREBY ORDERED
VACATED. From and after the date this Resolution is recorded, the portion vacated no longer is
subject to the grant deed of development rights recorded in the office of this County's Recorder on
May 1, 1997 as instrument No. 97-0071805-00.
The Real Property Division is ORDERED to record a certified copy of this Resolution in the
office of the County Recorder.
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
ODR:eh date shown.
G:\GrpData\RealPropw2044-Files\BOS&RES\V.44 Development Rights.doc
Orig.Dept.: Public Works,(Real Property) ATTESTED: APRIL 06, 2004
Contact: Olivia D.Reynolds(313-2306) JOHN SWEETEN,Clerk of the Board of
Recording to be completed by PW Supervisors and County Administrator
cc: County Counsel
Public Works Department /,
Board Orders Senior Clerk,Adm. By_ , Deputy
RESOLUTION NO. 20041 175
Job No. 93176
March 17, 2004
EXHIBIT `A'
Development Rights Quitclaimed
All that certain real property situate in the County of Contra Costa, State of California, described
as follows:
Being a portion of Lot 9 of Subdivision 7969 recorded in Book 391 of Mapsat Page 35, further
described as follows:
COMMENCING at the northeast corner of said Lot 9, which lies on the westerly right-of-way of
Bixler Road, said corner also being the southeast corner of Lot 4 as shown on said map (391 M
35); thence leaving said Point of Commencement along the line common to said Lots 4 and 9,
North 88°58'44" West, 16.00 feet to the Point of Beginning of the herein-described area; thence
leaving said Point of Beginning and following said common line North 8805$'44" West, 188.00
feet; thence leaving said common line and following the restricted development line as shown
on said map (391 M 35), South 5°4932" East, 293.63 feet to a point on the northerly right-of-
way of Camino Diablo Road as shown on said map (391 M 35); thence along said right-of-way,
the following two courses: North 86°25'57" East, 50.00 feet and South 88'58'44" East, 100.00
feet; thence along a tangent curve to the left, having a radius of 20.00 feet, through a central
angle of 11043'04" for an arc length of 4.09 feet; thence leaving said northerly right-of-way line
North 00050'25"East, 287.12 feet to the Point of Beginning.
Containing 49,324 square feet of land, more or less.
f ESS/
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LOT 4 (3 91 M 35)
P.U.B. P.O.C.
N88.58'44-W 293,60'
89.60' 188.00'
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DEV ELCJPMIiNT RIGHTS
AREA DEEDED TO
CONTRA COSTA COUNTY
PER DOCUMENT
LOT 9 NO.9 7.0071805-00
OD
MAY 1, 1977
(391 M 35) Y* 2 0
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AREA BEING COED
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S88'58'44''E 73.83' N86#25,570E 100.00 S88'58`44'E 10000 W
EXRMIT " � Dealt Civil E ee n ADOa3t/cl-7/2004
PLAT'TO ACCOMPANY � gLEGAL DMCRIP`I'ION D811 San Ramon valley Bc ule�vard l _50t
Danville,California 945.26 By:
[DnVEL4PM . f"RIG M TO BE E�U ff"CLAAMED 925j837-3780 Job NVST
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93176
TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: MAURICE M. SHIU, CHIEF ENGINEER
DATE: APRIL 6, 2004
SUBJECT: APPROVE and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District,
or designee,to execute a contract with Natural Resources Management in the amount of$113,000 to
Provide Biological Assessment and Wetland Delineation consulting services for the Lower Walnut
Creek Channel Improvements Project, for the Period March 15, 2004 through March 31, 2006,
Central County area. (District IV)Project No. 7520-6178429
Specific Request(s)or Recommendation(s)&Background&Justification
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Watch Conservation District, or
designee,to execute a contract with Natural Resources Management in the amount of$113,000 to provide
Biological.Assessment and Wetland Delineation consulting services for the Lower Walnut Creek Channel
Improvements project, for the period March 15,2004 through March 31, 2006, Central County area.
II. FISCAL IMPACT:
The estimated project cost is$113,000 funded by CALFED Grant Funds(57.5%)and Flood Control Funds
Zone 3B (42.5%).
4&�+L �
Continued on Attachment:,;X SIGNATURE:
--RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_
::^APPROVE OTHER
SIGNATURE(S): ..
ACTION OF B A ON APRIL 06, 2004 APPROVED AS RECOMMENDED ?X OTHER
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT INE ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT ABSTAIN: minutes of the Board of Supervisors on the date
shown.
TT:cmm:sr
G:\CrrpDataTngSvc\EN'VIRO\BO\2004 APRIL 6, 2004
\(04-06-04)CSA-NatResMgt(LowWC Chantrnpr-Bio&Wetland).doc ATTESTED:
Orig.Div:Public Works(,Environmental) JOHN SWEETEN, Clerk of the Board of
Contact: Cece Sellgren(313-2296) Supervisors and County Administrator
cc: E.Kuevor,County Administrator
Auditor-Controller
K.Emigh-FC
M.Halle,-FC By ,Deputy
L.Chavez-Environmental
T.Torres-Environmental
SUBJECT: APPROVE and AUTHORIZE the Chief Engineer,Flood Control and WaterConservation District,
or designee,to execute a contract with Natural Resources Management lin the amount of$113,000 to
provide Biological Assessment and Wetland Delineation consulting services for the Lower Walnut
Creek Channel Improvements project, for the period March 15, 2004 through March 31, 2006,
Central County area. (District IV)Project No. 7520-6F8429
DATE: April 6, 2004
PAGE: 2
III. REASONS FOR RECOMMENDATION/BACKGROUND:
The Consulting Service Agreement is needed to assist Public Works Department staff with specialized
biological assessment and wetland delineation surveys for the Lower Walnut Cheek Channel Improvements
project.
Contra Costa County Flood Control and Water Conservation District conducted outreach and chose Natural
Resource Management,a small business enterprise,as the most qualified responsible and responsive firm.
IV. CONSEQUENCES OF LEGATIVE ACTION:
If the Consulting Service Agreement is not approved,the County will not complete the biological assessment
and wetland delineation in a timely manner causing potential delays in project planning and loss ofCALFED
funds.
�Y-
CONSULTING SERVICES AGREEMENT
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: Natural Resources Management
737 Spruce St
Berkeley CA 34707
(c) Project Name, Number, & Location: Lower Walnut Creek Channel Improvements Praiect
(Biological Assessment and Wetland Delineation)
Prof. No. 7520-6F8429
Central County
(d) Effective Date: March 15, 24114 (e) Payment Limit(s): $113.000.00
(f) Completion Date(s): March 31, .2!106
2. Signatures.These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULTANT p
By: Maurice M. Shiu u-�t
Public Works Director/ By: Y�
Chief Engineer, or Designee (Designate official capac' y in the bus/ ess T e Business:
(sole proprietorship,gov nment agen ,partnershi corporation,etc.)
If Corporation, State of incorporation:
Y� By: P.0
—
(Designate official capacity 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, personally known to me (or proved to me on the basis of satisfactory evi nce)to be the person(s)
whose me( is/are subscribed to the within instrumen acknowledged to me that h sh they executed the same
in hi er heir authorized capacity(ies), and that by his her! eir signature(s) on the Inst Int the person(s), or the
entit on behalf of which the person(s)acted, execute a Instrument.
WITNESS myhandand official seal.
Dated: 63 t� -
Notary Public
(Notary's Sea!)
DAVID LEE
(page 1 of 15) LU COMM.# 1413661 �
a
r
ALAMEDA COUNTYTARY PUBLIC-CALIFORNIA m
x
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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 Appendix A,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 any person,and damage to property,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 15)
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12. Documentation. Consultant shall prepare and deliver to.Public Agency at no additional charge, the
items described in Appendix A 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. on 70
13. Ownership of Documents. All materials anacords f a finished nature, such as final tans, y� r
specifications,reports,and maps,prepared or obtained' 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 Append&A 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. d
'is
15. Payment Retention. Public Agency shall retain ten percent( o of the mon 's 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 Age incurs as a result of such cessation or
abandonment. -&WV4
18. Breach. In the event that nRruItawt_to {{performlany of 41 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 C44&wKentrhereby 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
lawns, 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.
(Fuge 3 of 15)
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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 Subcontracting,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.A prior to delivering them to Public Agency,and where appropriate,
indicate his/her registration number.
23. Patents and Copyri-ghts.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 attomeys'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 15)
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27. Proiect Personnel. In performing the services under this Agreement, Consultant shall use the
personnel listed in Appendix 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 nroiects 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 fisted 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 oroiects 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 15)
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APPENDIX A
Lower Walnut Creek Channel Improvements Project-
(Biological Assessment/Wetland Delineation)
Proi. No. 7520-6F8429
1.PROJECT D►ESCRI.PTION
This Consulting Services Agreement (Agreement) is to provide consulting services
regarding biological assessment and wetland delineation for the Lower Walnut Creek
Channel Improvements project. The Agreement is between Natural Resources
Management (NRM) and Contra Costa County (County).
Natural Resources Management will provide botanical assessment, wildlife habitat
assessment, and wetland delineation based on the proposal, dated March 4, 2004.
The tasks will be as follows:
Preliminary Scope
TASK 100 Project Management
The tasks of Project Management would be provided by principal staff from Natural Resources
Management (NRM) and Jones & Stokes Associates (JSA). The primary components of the
project management task will be coordination with project team members, quality control, and
contract management, including preparation of progress reports that will be submitted with each
project invoice.
Task 110 Contract Management
NRM will be the primary client contact and contract administrator. JSA will support for this task as well
through attendance at project meetings and be providing senior level support to staff botanists as
needed. The level of effort estimate included for this task is based on the assumption that NRM and
JSA will review reports and products for accuracy, consistency, and overall quality.
Task 120 GIS Management
Coordination and production of GIS mapping products will be implemented jointly by NRM and JSA.
NRM will coordinate consistency in use of GPS units, development of data dictionaries and metadata
that will support future channel restoration efforts. Inclusion of this in type of information is important for
project consistency and may be used as the foundation for future restoration plans. JSA will review GIS
products and provide guidance for staff during digitizing and map production tasks. In addition,JSA will
maintain communication with JSA staff currently implementing fisheries studies in the project area in an
effort to maintain consistency between the efforts. The intent of this task is to produce GIS
documentation to support future impacts analysis or opportunities and constraints analysis across
ecological disciplines.
Task 130 Kickoff Meeting
Project understanding,definition of project study area,and a review of Flood Control mandates(to the
extent that they may be relevant to the biological data collection)will be reviewed at the project kickoff
meeting. Work plans and project schedule will be presented. Our level of effort estimate assumes that
the client will communicate the study are boundaries, Flood Control mandates and project objectives to
the NRM/JSA team either through phone calls of distribution of hardcopy documents. Representatives
of the CCFD are encouraged to attend the kickoff meeting.
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TASK 200 Wildlife Habitat Assessment
A Wildlife Habitat Assessment will be conducted along a along the 5-mile long Lower Walnut
Creek project area. The project area is a corridor of variable width defined by the Walnut Creek
levees. This scope of work assumes that the study area includes the public right of way on both
banks of Walnut Creek, including at least two additional upland areas adjacent to the floodway
as identified by the CCFD staff, as well as the portion of Eilinwood Creek shown in the project
study area maps forwarded by the District on February 11 th. A description of the subtasks that
will be implemented to identify botanical resources in the study is provided below.
Task 210 Review Existing Information
Two Wildlife biologists will review existing biological resources reports,air photos,and historical photos
available through the Contra Costa County Flood Control District. Meetings or phone conversations
with local experts including members of the citizen group Friends of Walnut Creek will also be included
in this phase of the Habitat Assessment. Biologists will conduct database searches including the
CNDDB, the USFWS species lists, and local planning documents that may include the project area
such as the Goals Project reports. In addition,informal contact with agency biologists will be included in
this task. Documentation of any contacts with agency staff will be provided.
Task 220 Reconnaissance Surveys of Wildlife Habitat
A team of wildlife biologists will survey the study area to verify the distribution and occurrence of habitat
types shown in the air photos. Observations of general wildlife habitat types and habitats suitable to
support special status species will be noted as polygons on project area maps. Observations of special
status species will be recorded as points. Biologists with local expertise and extensive experience
identifying special status species habitats will conduct the surveys.
Wildlife survey methods will be consistent with current habitat assessment guidelines,including US Fish
and Wildlife survey protocol methods and methods recommended by the CDFG. Currently protocol
habitat assessment methodology for California red-legged frog,western burrowing owl,California tiger
salamander, and fresh water shrimp species have been officially developed. Protocol habitat
assessments for those species will be implemented. In addition, the project study area will be
evaluated for suitable habitat for any special status species with the potential'to occur in the region.
The habitat assessment will include an evaluation of the potential habitat for buds protected under the
Migratory Bird Treaty Act, CDFG Fish and Game code fully protected wildlife species.
Task 230 Draft Wildlife Habitat Assessment Report
A Draft Wildlife Habitat Assessment Report will be prepared that addresses the current conditions in the
project area. Study methods, existing habitat types, suitable special status species habitat, and a
qualitative assessment of the habitats will be included. A list of the special status species with the
potential to occur in the project area will be included. The potential for special status species to occur,
based on the observations of habitat conditions, will also be presented. A total of three copies of the
draft report will be delivered to the client for review and comment.
The Habitat Assessment will address special status species that have the potential to occur in the
project area. However, protocol level surveys to detect the actual presence or absence of a given
species will not be included in this task. The outcome of the Habitat Assessment report will include
recommendations for protocol level surveys or justification for not implementing surveys in the project
area in the future. The results of our analysis will be acceptable to the state,local and federal resource
agencies because the methods used by Natural Resources Management are consistent with their
current guidelines. As described below,we will follow the very specific guidelines forthe California red-
legged frog habitat assessment. (A habitat assessment for the species that is not produced as
described belowwill not be accepted by the US Fish and Wildlife Service;the Service will require CCDF
(Wage 7 of 15)
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to go out and produce an assessment according to the protocol.) We are willing to provide this
information either as a stand alone section in the report, or as part of the existing Wildlife Habitat
Assessment Report,
The California red-legged frog (CRLF)(Rana aurora draytonil), is currently listed as Threatened under
the Federal Endangered Species Act. The CLFR analysis will be formatted according to the USFWS
guidelines and will be suitable for submittal to the USFWS for concurrence. The CRLF Habitat
Assessment is a critical component for restoration project as it determines the necessity for conducting
protocol-level surveys in the future. It is also used as the basis for determining that the species does
not occur. The species has been known to occur within 5 miles of the project study area and this will
trigger for the need to produce the habitat assessment for the project.
Similar,although not so stringent, habitat survey protocol requirements for several other species in the
project area have been developed and will be followed during the fieldwork (ie; California tiger
salamander,western burrowing owl,freshwater shrimp species, etc.). Production of the portion of the
report that addresses these species will be consistent with the reporting requirements and may require
specialized formatting in some cases to comply with agency requirements.
The Draft report will be accompanied by project maps depicting wildlife habitats. The files will be ARC
compatible and will be a separate layer, apart from the vegetation and wetland delineation maps.
Tank 240 Final Wildlife Habitat Assessment
Comments from the client will be incorporated into the final Wildlife Habitat Assessment. A total of 5
copies of the report will be delivered to the client.
TASK 300 Delineation of Wetlands and Waters of the U.S.
A Delineation of wetlands and waters of the U.S. in the study area is one of the more critical
components required to establish baseline conditions prior to design of a channel restoration.
The delineation and associated maps define the jurisdiction of the U.S.Army Corps of Engineers
under the Clean Water Act and the Rivers and Harbors Act. In addition, the limits of wetlands
and waters of the U.S. will be required for any project environmental documentation including
assessment of project impacts to wetlands. The delineation field work w ill include a site-specific
evaluation of whether the sift bars are subject to USACE jurisdiction under Section 404 of the
Clean Water Act or Section 10 of the Rivers and Harbors Act, and will map these features
accordingly. (The study area is defined as the Walnut Creek channel, Ellinwood Creek, and
associated areas identified in the Study Area Map forwarded by the District on February 11, 2004.)
A description of the subtasks that will be implemented during production of the Wetland
Delineation Report is presented below.
Task 310 Review Literature
Literature pertinent to the delineation will be reviewed, including but not limited to topographic maps,
aerial photographs, and soil survey reports. The objective of this task is to familiarize the field crew with
information about on site topography,vegetation patterns and aerial photograph signature,and the soil
characteristics. Implementation of this task increases the efficiency of the fieldwork effort. Aerial
photograph interpretation will be utilized to the maximum extent practicable to extrapolate wetland-non-
wetland boundaries to minimize intensive field data collection.I
Should the boundaries of certain jurisdictional boundaries not be evident on the aerial photograph, a global positioning
system receiver will be used in the field for increased accuracy.
(Page 8 of 15)
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Task 320 Conduct Field Surveys
Field surveys to map wetlands and other waters of the United States will be implemented according to
the 1937 USACE Wetlands Delineation Manual and USAGE San Francisco District,guidelines to depict
areas subject to Clean Water Act Section 404 jurisdiction and Rivers and Harbors Act Section 10
jurisdiction.x The survey will be overseen by a senior soil scientist/restorabon specialist and a botanist
with extensive field experience.
The San Francisco District requires the delineation mapping to be presented at a scale of 1 inch=200
feet. Data collected at delineation sample plots will be recorded on 1987 Manual data forms.
Approximately 20 to 25 wetland-nonwetland sample plot pairs are anticipated. Sample plot locations
and wetland-non-wetland boundaries will be mapped on an ortho-rectified serial photograph base
provided bythe Contra Costa County Flood Control District. The jurisdictional areas will be subdivided
and mapped generally according to the classification system developed by Holland(1986).3 However,it
is expected that open water areas will be simply identified as(nonwetiand)"other waters of the United
States". The results of the field mapping effort will be digitized and made ;into a GIS-based map
suitable for submittal to the USACOE.
Task 340 Prepare Preliminary Delineation Report and Map
A preliminary delineation report and map will be prepared according to USACE San Francisco District
guidelines. Three copies of the report will be submitted to the District. Upon District approval, the
preliminary delineation report will be submitted to the USACE.
Task 350 Conduct Field Verification with USACE
Project consulting staff will attend a field review of the delineation in support of the USACE's verification
of the delineation snap. Project staff anticipate that Dan Martel will be the USACOE staff person
assigned to the project delineation. It is our experience that Mr. Martel prefers to conduct detailed field
verifications. This expectation is reflected in our estimated level of effort for this subtask.
This task, required by the USACE, provides an opportunity for the USACE to verify the extent of its
jurisdiction in project area.
Task 360 Prepare Final Delineation Report and Map
Revisions to the delineation report and map(if required)will be made at the direction of the USACE. A
final delineation report and map will be prepared that includes the incorporation of client and USACOE
comments. Two copies of the final delineation report and map will be submitted to the USACE for their
files, and five copies will be provided to the client.
This task will be required in the event that the USACE determines that its jurisdiction is different than
what is shown on the project site maps. The wetland delineation map will be provided in ARC view
compatible format.
2 The extent of Section 10 jurisdiction is normally mapped according the limit of mean high water;however,because the
topographic base map of the project area has a contour interval of 10 feet and therefore too course, Section 10 jurisdiction will
be inferred and mapped using field indicators,such as vegetation changes.
3 The Holland vegetation community classification system provides a level of resolution between communities that will be
useful in accurately quantifying project impacts on jurisdictional areas and in calculating habitat mitigation/restoration
requirements. This system is widely accepted by the USACE San Francisco District for use in wetland delineations.
(Page 9 of 15)
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Task 380 Habitat Restoration/Enhancement Opportunities Memorandum and Map
The restoration opportunities report would be an approximate 3-page memorandum with an
accompanying large-scale map set showing general areas in which habitat restoration and
enhancement measures could be implemented. The memorandum will serve as a summary record of
site observations and of restoration and enhancement opportunities in the event such measures are not
implemented in the near future. The memorandum would describe,in a generic,non-site specific way,
the types of restoration and enhancement measures that could be implemented in areas shown on the
map set and why such measures would be appropriate for particular site conditions.
Restoration/enhancement measures may include fill removal, invasive exotic vegetation4 removal,
streambank stabilization, replanting with native species, and other such actions. Such areas will be
shown on the map set as polygons or line features, as appropriate. Because field surveys have not
been conducted at the project site to date, it is unknown at this time if such opportunities exist.
Recommended changes in channel planform, channel cross-sectional geometry, and other such
alterations are not included in this task. This task would be initiated only if requested by the District.
Assumptions
• It is anticipated that the USACOE will require only minor changes,if any,to the delineation map. More
than minor changes required to the preliminary delineation report or map to respond to comments from
the USACE may require a change order.
The client will provide with a CD-ROM containing rectified, digital aerial photographs of the project
area to suitable to serve as base maps for the work described above. Color aerials may be provided.
TASK 400 Botanical Assessment Habitat Assessment
A Botanical Habitat Assessment will be conducted along a corridor of variable width defined by
the Walnut Creek levees, along the 5-mile long Lower Walnut Creek project area, Ellinwood
Creek, and adjacent areas included in the Study Area Map forwarded by the District on February
11th, 2004. This scope of work assumes that the botanical assessment will occur within the
public right of way on both banks of Walnut Creek and in other public areas defined in project
area maps provided by the Contra Costa County Flood Control District staff. A description of the
subtasks that will be implemented to identify botanical resources in the study is provided below.
Task 410 Review Existing Information
Botanists will review existing data on special-status plants and mapped vegetation communities in the
project area. Our botanists will review data from the California Natural diversity Database
(CNDDB)(2004), California Native Plant Society (CLAPS) Inventory of Rare and Endangered Plants
(2044), and other sources including known local experts. The results of the data review, including
records of correspondence with agencies and local experts, will be attached as an appendix to the
Botanical Assessment report text.
We assume that the Contra Costa County Department of Public Works will provide project area maps
that depict the project study area, biological resources reports relevant to the project study area, and
color or black-and-white aerial photographs of the project area at a scale of 1.400 or better. We
assume that review of aerial photographs during this project task will be sufficient to develop an initial
idea of what the vegetation communities are in the project area.
4 Defined as plants found on the California Invasive Plant Council's Lists A,B,or Red Alert of invasive pest plants,such as
Lepidium latifolium,Arundo donax,Foeniculum vulgare, Spartina alternafiora,Lythrum salicaria,and Rubus discolor.
However,the CCPD may specify to)ones&Stokes at the outset of the field work which of the plants it wishes to be identified
in the mapping.
(Page 10 of 15)
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Task 420 Conduct field survey
A two-person team of experienced botanists will conduct a habitat assessment for a target list of
special-status plants, characterize and map vegetation communities (including sensitive natural
communities), and note major invasive plant infestations in the project study area. Maps of vegetation
communities will be used to identify sensitive natural communities and potential habitat for special-
status plants that may not be identifiable at the time of the survey.
An initial,site visit to check/ground-truth the signature of vegetation communities identified in the aerial
photographs. Following this site visit (to correlate the photographic signatures of vegetation types), a
vegetation community digital map will be created by interpreting the aerial photographs. This map will
serve as a basemap for the botanical survey and as a reference for the wetland delineation.
An additional reconnaissance-level survey of the project area will be timed to occur at the peak of the
spring flowering period in 2004. . Locations of special-status plant populations observed in the field will
be mapped on aerial photos and digitized. The population size and general condition of each
occurrence will be documented on California native plant species forms (CNDDB). Field surveys will
focus on confirming the vegetation designations specified in the project basemaps,and identification of
potential suitable habitat for special status species. Major infestations of invasive plants that might be
pertinent to future restoration planning efforts will be noted during field surveys. Major infestations of
invasive plants, such as purple loosestrife (Lythrum salicaria) and Atlantic cordgrass (Spartina
altem flora), that might be pertinent to future restoration planning efforts will be noted during field
surveys.
Task 420 Conduct Focused Floristic Survey
A two-person team of experienced botanists will conduct a focused of a subset of the study area to
identify occurrences of any special-status plant species. The survey will take place in July or August
2004. Specific species occurring in the tidal areas may include: 1)Suisun marsh aster(Asterlentus),2)
soft bird's beak(Cordylanthus mollis ssp.mollis), 3)Delta tule pea(Lathyrus jepsonii van jepsonh),and
4)Mason's lilaeopsis(Lilaeopsis masonil). The area surveyed will include the areas downstream of the
chemically mowedportions of the study area through to the shoreline. Locations of special-status plant
occurrences observed in the field will be recorded with a handheld GPS unit and mapped on aerial
photos. A digital map of special status plant occurrences will be created using GPS data. The
population size and general condition of each occurrence will be documented on California native plant
species forms (CNDDB).
Task 430 Draft Botanical Habitat Assessment Report:
A report will be prepared that includes the study methodology, environmental setting, vegetation
communities identified in the project area, special status plant species observed or with potential to
occur in the project area, and invasive plant species observed in the project area, and a summary of
relevant state and federal laws that apply to botanical resources. A GIS-based project map depicting
vegetation communities,special-status plant habitats,and locations of special-status plants observed in
the project area will accompany the text.Information from the botanical assessment may be combined
with the wildlife habitat assessment. A total of three copies of the Draft Botanical Habitat Assessment
will be delivered to the client for review and comment.
Included in this task will be preparation of a vegetation map that covers the project study area.
Botanists will map the existing vegetation communities with the exception of the wetland vegetation
communities. The vegetation maps will be provided in ARC compatible files as'a layer distinctfrom the
wetland delineation map layer.
(Page 11 of 15)
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_.
Task 440 Final Botanical Habitat Assessment Report
A final report will be prepared that incorporates comments from Contra Costa County Flood Control. A
total of 5 copies of the finalreportwill be provided.
Assumptions
• Our level of effort estimate is conservative and is based on the assumption that few populations or
numbers of individuals of special-status plants occur in the study area. If large populations or many
individuals of these populations occur in the project area, additional effort may be required to document
their occurrences.
• It is assumed that only one survey of the project area will be conducted to identify populations of
special-status plants and their habitats. Surveys to identify late-blooming species are not included in this
scope of work.
• We have assumed one round of revisions to respond to comments from County staff.
• It is assumed that a handheld GPS with 1 m accuracy will be sufficient for mapping occurrences of
special status plant species.
(Page 12 of 15)
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APPENDIX.
Professional Services P merit f Rates
In order to be compensated,please provide the following information:
Jo[b Titte Rate-per hour
Principal $95.00/hour
Biologist 3 $90.00/hour
Biologist 2 $65.00/hour
Biologist 1 $60.00/hour
GIS Specialist $$85.00/hour
Professional Editing Staff $55.00/hour
Rembursables: In order to be compensated, please provide the following information:
Mileage:
(not to exceed$0.34/mile)
Parking and Toll,if applicable
(attach documentation)
Photo Copy Charge:
(attach documentation)
Incidental Direct Charge
(attach documentation)
(Page 13 of 15)
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APPENDIX C
Project Personnel
NOTE: Please provide project personnel and titles. Any personnel that are not listed for this
contract, will not be compensated for payment.
Name Jab Title
Patricia Berryhill Principal
Sue Townsend Biologist 3
Colleen Lenihan Biologist 2
Edward Whisler Biologist 2
Shannon Hickey Biologist 1
Jake Schweitzer GIS Specialist
(Page 14 of 15)
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•::�mw �u
:.....................................:........N...N:
Jones & Stokes Associates Standard Biltirtq Rates
Northern California -Effective January 1,2004
Labor Class if i cations Per Hour
Project Director 150,00-195.00
Project Manager 110.00-150.00
Senior Environmental Scientist/Engineer/Planner 130.00-150.00
Environmental Scientist/Engineer/Planner 120.00
Environmental Specialist IV 110.00
Contracts Manager 100.00
Environmental Specialist 111 100.00
Environmental Specialist 11 80.00
Environmental Specialist 1 70.00
Technical Writer 80.00
Technical Editor 70.00
Graphic Artist 70.00
Communications Specialist 60.00
Technician 55.00
Administrative Assistant 50.00
Intern 45.00
Direct
SlueprintslColor prints $0.3D/square foot
Report reproduction,photocopying 0.08/page
Automobile mileage at current IRS rate or 0.345/mile
Laptop computer(field projects only) 10.00/day
Cellular telephone(field project only) 10.00/day
A general and administrative charge of 9.5%will be applied to all other direct costs,inclusive of
subcontractor charges.
Per diem is charged at$160.00/day.A lodging surcharge will apply in high rate areas.
Prompt Payment
Jones&Stokes Associates clients may reduce any current Invoice by(1%)of the billed amount If
payment is made within 10 business days of receipt of said invoice.
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TCL: BOARD OF SUPERVISORS Contra
Fire Chief Keith B. Richter
FROM: Costa
Contra Costa County Fire Protection District "
County
DATE: April 6, 2004 r a
SUBJECT: Approval of Agreement to Use Property with Dorothy and Thomas Starick
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the l=ire Chief to execute an Agreement to Use Property (non-monetary)
between Contra Costa County Fire Protection District and Dorothy and Thomas Starick for the Fire District's
use of their property at 2630 Monument Court in Concord for conducting firefighting training exercises.
FISCAL IMPACT:
None.
BACKGROUND/REASONS FOR RECOMMENDATION:
The owner plans to tear down the subject property in the future, and this provides the Fire District with an
excellent opportunity to conduct firefighting training exercises involving both destructive training activities
(e.g., cutting holes in roof and walls to practice ventilation procedures)and non-destructive training activities
(e.g., practicing interior search and rescue operations).
This agreement sets forth the terms and conditions under which the Fire District can use the property for
training purposes and contains an indemnification provision in favor of the owner. County Risk Management
has reviewed and approved the indemnification provision.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
_ f1ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B ARD COMMITTE€
,.. PROVE OTHER
r
SIGNATURES
ACTION OF O ON AMIL 062004 _ APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
XX UNANIMOUS(ASSENT NONE j AND CORRECT COPY OF AN ACTION WAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT. ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED APRIL Obi 2004
Contact: Mike George 941-3311
Count Administrator/Rich Seithel JOHN SWEETEN,CLERK THE DMINIOARD T
OF
CC: � SUPERVISORS AND COUNTY ADMINISTRATOR
C.C.G. Fire Protection District
Risk Management Division/Ah Hing
U:ISRMGRS\MHG\BOARDORDERSTARICKPROPERTY403.DOC BY DEPUTY
AGREEMENT TO USE PROPERTY
This agreement is made this 6th day of April , 2004_ by and between
Dorothy and T omas St rich
hereinafter designated as "Owner" and Contra Costa County Fire Protection District, hereinafter
designated as "District" for the use of the property described as follows:
2630 Monument Court
Street Address
Concord 129-010-002-1
City (Parcel Number)
The parties hereby agree as follows:
1. As part of its training activities, District shall have the right to use the property from
Anril 6 , 2004 , to December 31 , 2004 , between the hours of
0700 and 2300 , for the purposes of tearing down or destroying the structure(s) on
the above-described property.
2. District's right to tear down or destroy said structure(s) shalllshaH-rrot (crass out inapplicable
language) include the right to burn the structure(s).
3. District's right to tear down or destroy said structure(s) shall not include the right to salvage
any building materials from the property, however, it is agreed by the parties that District shall
incur no liability for the damage or destruction of any building materialsor other personal
property on or attached to the premises.
4. District"shall conduct its training exercises in as safe a manner as possible. Owner shall not
be liable for any injury, death or liability during the period, including District personnel, or the
property of any person during the period of District's use of the property, as specified in
Paragraph 1 hereof. District agrees to save, defend, indemnify and hold harmless Owner from
any and all claims, costs and liability for any damages, injury or death of or to any person or
the property of any person whose injury, death, damage, claim or liability arises or occurs
during or as a result of District's use of the property.
5. District shall have no liability for any injury, death, damage or liability occurring after the
District's period of use, as specified in Paragraph 1 hereof, has ended.' Owner agrees to
save, defend, indemnify and hold harmless District from any and all claims, costs and liability
for any damages, injury or death of or to any person or the property of any person whose
injury, death, damage, claim or liability occurs or arises after the Distr' t's period of use has
ended, unless from the District's use of the property.
March 22, 2004
G�1
DATE OWNER
CONTRA COSTA COUNTY FIRE
PROTECTION DISTRICT
U:\SRMGRS\MHG\PROPREL34?3.DOC1CJ BY