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HomeMy WebLinkAboutMINUTES - 05252004 - C1-C3 TO: Board Of Supervisors FROM: Maurice M. Shiu, Public Warks Director MATE: MAY 25, 2004 SUBJECT: Authorize the Public Warks Director, or designee, to execute a Consulting Services Agreement with Summit Associates for Construction Management Services, and Subdivision Inspection, Dougherty Valley area, (District III) SPECIFIC REQUEST(S)OR RECONIMENTJATION(S)&BACKGROUND AND JUSTIFICATION i. Recommended Action: AUTHORIZE the Public Works Director, or designee, to execute a Consulting Services Agreement with Summit Associates, in the amount of $90,000 for Subdivision Inspection and Construction Management for the period May 1, 2004 through June 30, 2005. If. Financial lmpact: There will be no impact on the County General Fund. The Consulting Services Agreement is for $90,000 and shall be paid for by Developer Fees. Continued on attachment: X yes SIGNATURE: __,,,-�RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE =,-'"APPROVF,,.-,__OTHER SIGNATURES : ACTION OF B07 D N: MAI Y 25, 2004 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS l hereby certify that this is a true and correct co of an xx UNANIMOUS (ABSENTLONE } Y Y copy AYES: NOES: action taken and entered on the minutes of the Board of ABSENT: ABSTAIN: Supervisors on the date shown. Contact. Mike Cadson,(925)313-2321 MAY 2004 orifi.civ.: Pw(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Ku r-Cont E. E.Kuevo',CAOAO County Administrator P.Edwards,Construction Consuitant �y By Deputy v?C:tb G:,GR P DATAICCN ST1BC1200A1C SA-SUMM:T-SUB IN SP.DOC SUBJECT: Authorize the Public works Director,or designee,to approve a Consulting Services Agreement with Summit Associates. DATE: MAY 25, 2004 PAGE: 2 of 2 lii> Reasons for Recommendations and Background: Due to the overwhelming amount of development in the Daugherty Valley area, it is necessary to offer assistance to our field inspectors. IV. Consequences of Negative Action: if the Consultant Services Agreement with Summit Associates is not approved, it may not be possible to complete inspections. CONSULTING SERVICES AGREEMENT 1. Soec4 Conditions. These Special Conditions are incorporated below by reference, (a) Public Agency: Contra Costa County Public Works Department (b) Consultant's Name &Address: Summit Associates 2300 Clayton Road Suite "380 Concord, CA 94520 (c) Project dame, dumber& Location: Subdivision Inspection, District 111, (d) Effective Date: May 1, 2004 (e) Payment Limit(s): $90,000 (f) Completion Date(s): ,lune 30, 2005 2. Signatures. These signatures attest the parties'agreement hereto: Recomrnended by beoartmenit CONSULTANT By: Maurice M. Shiu Public Works Director By: (Designat off aI capacity in the business Type of Business: (sole propriet rship, government agency, partnership, corporation, etc.) If Corporation, State of Incorporation: r2 � By: {/ t 44 ✓4' By: r (Designate official capacity in the business) Note to Cons-ultant: 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*signing above for Consultant,personally known to me( )to be the persons whose name(64 is/et subscribed to the within instrument and acknowledged to me that heA4eA4ey-executed the same in his/# � authorized capacity(), and that by hls/#e i;w signature(.}on the instrument the person(4 or the entity upon, behalf of which the person(}acted, executed the instrument. WITNESS ray hand and official seal. Elated: ?71r re _4"o;i N154 y Public (Notary's See]) M. C. SA2MIENTO _ ."s`" Carr;nission# 1381711 z Notary Public - California �, Contra Costa County MY Cry;r m,ExP res Oct 26,2076 3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: 4. Eml)loyment. 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. Scooe of Service. Scope of service shall be as described in Appendix A, attached hereto and Trade a part hereof by this reference. 6. Reoort 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, I(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$50,000.00; and (c)Commercial 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, s€ckness 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, 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. 3. Payment. Public Agency shall pay Consultant for professional: services performed at the rates shown in Appendix S 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 S 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 Aud€ting. Except for materials and records delivered to Public Agency,Consultant shal€retain ail materials and records prepared or obtained in the performance of this Agreement, Including financial records, for a period of at least three 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 avai€able to Public Agency,or to authorized representatives of the state and federal governments,at a convenient locationw€thin Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 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. 13, C7wnershio of Documents. All materia€s 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 Appendix 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. 15. Payment-Retention. No retent€on will be withheld. 16. Termination by Public Avgencv.At its option,Public Agency shall have the right to terminate this Agreement at anytime 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 obtainers 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,Consu€tant 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 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. Preach. 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 udicia€ 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. Comolience 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 €ncludes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 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 that they produce prior to delivering them to Pubic Agency, and where appropriate, indicate his/her registration number, 23. Patents and Copvrip its,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#irritation, 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 fear 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 defend, indemnify, save, and hold harmless Public Agency, its governing body, officers,and employees from any and all claims,costs,and liability for any damages,injury,or death arising directly or indirectly from, or connected with, the services provided hereunder and due to, or claimed or alleged to be due to, negligence or willful misconduct of Consultant,its officers,employees..agents,subconsu#tants,or any person under its direction or control,save and except claims or I€tigatlon arising through the sole negligence or sole willful misconduct of Public Agency, and will make good to and reimburse the indemnitees for any expenditures, including reasonable attorney's fees,the indemnitees may make by reason of such matters and,if requested by any of the indemnitees,will defend any such suits at the cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of Public Agency or any other person but shall be limited to the proportion of negligence or willful misconduct attributable to Consultant, its officers,employees,agents, subconsultants, or any person under its direction or control. 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 Pndorsements. 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 ciaims 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. 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€east thirty 20)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. Attachments:Appendix A,Appendix B,and Appendix C Form approved by County Counsa!(3100; G:\Grp6ata\COnstlCon tracisxCSA\2004\CSA-SummJt-Sub inspec.doc ........................................................................................................................................................................................................................................................................................................................... summitAssociates I 2300 Clayton Road, Suite 1380 Phone. (925) 363-5560 Concord, CA 94520 Fax: (925)363-5511 APPENDIX A Centra Costa County Public Works Department Subdivision Services Scope of Services May 7, 2044 Summit Associates (Consultant) will provide on-call subdivision/permit inspection services assisting Contra Costa County Public Works (County) staff in performing subdivision inspection and permit inspections for public and private improvements. Facilities to be inspected may include grading, underground utilities, roadway improvements, sidewalks, retaining walls, culverts, creek repairs, detention basins, and other public works improvements. Consultant will provide a Public Works Inspector II, who will augment County staff Inspectors will report to a lead County inspector for daily assignments and to address field issues as they develop. Except where safety concerns require immediate action, County staff will be making all decisions relating to corrective actions. Consultant will perform some or all of the following tasks as part of the services provided: 1. Review the approved construction plans, specifications, project schedule and County standard plans and specifications to be thoroughly prepared for the work. 2. Attend pre-construction meeting (if required) with County representatives, Contractor and other consultants as necessary to discuss the approved plans and applicable standards and specifications of the County. 3. Perform daily observations and prepare daily written reports focusing on the quality of the work performed, staff'levels and progress. 4. Inspect all onsite and off-site Public Works and subdivision improvements on a daily basis to assure that all improvements to be constructed are as designed and are within tolerances. 5. Photographs will be taken, as may be required, of existing facilities and public improvements to substantiate before and after conditions. 6. Adequate records will be kept during the course of the work of the ongoing construction to verify the as-built drawings are complete. 7. Coordinate the construction of all County and other utilities to minimize interferences with subdivision improvements. Program & Construction Managers ri Summit Associates 2300 Clayton Road, Suite 1380 Phone: (925)363-5560 Concord,CA 94520 Fax: (925)363-5511 Appendix A(continued) 8. Review and coordinate schedules, review :materials, shop drawings, requests for information and performance test results, check all certificates of compliance and evaluate the need for corrective action that may be required. 9. Follow all applicable County standards and procedures and any state and federal requirements as appropriate. 10. Monitor the contractor's work and attempt to minimize the impacts upon public safety and convenience. 11. Review traffic control measures on a daily basis. Verify the placement of warning signs and other safety devices to meet County standards and approved traffic control plans. 12. When it is required, assure that advanced written notice is given to the residents of nearby property or the general public informing them of the work to take place that might affect there. 13. Maintain an awareness of and monitor air pollution so that it is minimized and that the storm water pollution prevention program is followed during the course of the work. 14. Identify actual and potential problems associated with the construction and recommend sound solutions to the County. 15. Assist the County in conducting final inspection, prepare punch list, conduct closeout and recommend final acceptance to the County. Review as-built drawings for conformance with the completed work. 16. Oversee compliance with environmental requirement. 17. Coordinate materials sampling and testing. 18. Obtain samples of materials such as soils,base materials, asphalt and Portland cement concrete for testing and quality assurance needs. 19. Provide geotechnical support as needed for the County Materials Lab. Program. & Construction Managers .................................................................................. ..................... ........ ... ..............._._........ .. mmit Associates I-*-- - 2300 Clayton Road,Suite 1380 Phone: (925)363-5560 Concord,CA 94520 Fax: (925) 363-5511 APPENDIX B COST PROPOSAL f©r Construction Management Services Contra Costa County Public Works Department Subdivision Services May 7, 2004 LABOR RATES 2004 Position Hourly Rate Resident Engineer $131,25 Public Works Inspector If $ 94.00 Public Works Inspector 11 (OT) $141.00 Public Works Inspector 11 (Double Time) $188.00 LABOR RATES 2005 Position Hourly Rate Resident Engineer $13125 Public Works Inspector If $ 98.70 Public Works Inspector If (OT) $148.05 Public Works Inspector 11 (Double Time) $19T40 Notes: 1. Hourly rates for personnel include inspection tools, personal safety equipment, cellular phones, office space, and supplies. 2. Overtime contingent on the contractor's schedule, 3.All hours billed in conformance with the California Labor Code. Program & Construction Managers rl Summit Associates 2300 Clayton Road, Suite 1380 Phone: (925) 363-5560 Concord,CA 94520 Fax: (925)363-5511 APPENDIX C STAFF PROPOSAL for Construction Management Services Contra Costa County Public Works Department Subdivision Services May 7, 2004 Contract Manager. Ken Rice Resident Engineer., Nick Panayotou Public Works Inspector H: Michael Foerder David FitzGerald Program & Construction Managers ......................................................................................................................................... .............................................. ................................................... ..................................................................................................... ................................................................................................................................... ............................................................I TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: May 25, 2004 SUBJECT: APPROVE amendment to Consulting Services Agreement for Miscellaneous Soils Investigations for the State Route 4 West Gap Project, Hercules area. [SCH No. 95043029] (Contra Costa Transportation Authority Funds, 100%) (District ll) Project No.: 4650-6X4152. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICAT!ON ie Recommended Action: APPROVE and AUTHORIZE the Public Works Director to execute, on behalf of Contra Costa County, an amendment to Consulting ServicesAgreement with Environmental Engineering Associates, with an effective date of December 30, 2003, to increase the payment limit from $300,000 to $336,000, amend the completion date from December 31, 2003 to December 31, 2004, and update the scope of services necessary for the successful completion of the new Asbury Graphite Leachfield. I Continued on Attachments X SIGNATURE: iCOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S).:,- ACTION .ACTION OF BO R ON mak' 25, 2004 APPROVED As RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS xx UNANIMOUS (ABSENT NONE � AYES: NOES; ATTESTED: MAY 25' 2004 ABSENT: ABSTAIN: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator MH:JP:B.cl G:\GrpData\Design\BOARD ORDERSI20041EEA Amendment.doc Orig.Dien. Public wor=ks(Design, contact: J.Pulliam 3132985 By Deputy C: M.Hollingsworth,Design M.Carlson,Construction K.Laws,Real Property SUBJECT: APPROVE amendment to Consulting Services Agreement for Miscellaneous Soils Investigations for the State Route 4 West Gap Project, Hercules area. [SCH No. 95043029] (Contra Costa Transportation Authority Funds, 100%) (District 11) Project No.: 4660-6X4152. ®ATE: May 25, 2004 PAGE: TWO IL Fiscal Impact: Payments under this contract are charged directly to the State Route 4 West Gap project and funded by the Contra Costa Transportation Authority. Ill, Reasons for Recommendations and Background: On August 5, 2003, the Board of Supervisors declared an emergency and authorized the Public Works Director to proceed in the most expeditious manner to construct the Asbury Graphite Wastewater System. Phase 1 of the system is complete, and bids for Phase 2 (final phase)will be opened on May 11, with construction starting in June. Additional funding is necessary in order to comply with Contra Costa County Environmental Health Regulations, which require oversight and sign-off on the completed system by the design engineer. Additional funding is also necessary to complete an Operations and Maintenance manual forthe completed system, and to pay for past services related to the completion of the bid package for Phase 2. IV. Consequences of Negative Action: Non-concurrence of the above recommendation will delay the operation of the replacement wastewater system, resulting in the increased potential for the failure of the existing system. This would cause effluent contamination of the surrounding area and off-hauling up to 750 gallons per day of effluent to an appropriate disposal facility. Non-concurrence would also delay the completion of the real property settlement with Asbury Graphite, Inc. f AMENDMENT TO CONSULTING SERVICES AGREEMENT PROJECT NAME: State Route 4 West GAP PROJECT NO.: 46601-6X4152 1. Parties: Effective on December 30, 2003, the County of Centra Costa, a political subdivision of the Mate of hereinafter referred to as "Public Agency," and Environmental Engineering AssoclatesT,California,kirbinafter referred to as "Consultant," mutually agree and promise as follows; 2. Pgr case: The parties desire to amend the agreement they entered Into effective January 11, 1999, entitled "Consulting Services Agreement," hereinafter referred to as the "Agreement", to provide payment for additional work furnished to the Public Agency, 3. Amen dment(sLto Agreement` A. Amend Section 1(e): Payment Limit: Increase payment limit by $38,000 to a new payment limit of$336,000 B. Amend Section 1(f): Completion Date: Change from "December 31, 2003" to "December 31, 2004.1' C. amend Section 5. Scope of Services: The following Scope of Services supersedes all Previous Scope of Services for those services provided between December 31, 2003 and December 31, 2004: a. Complete and stamp Phase 2 pians, provide construction estimate, and review and stamp Special Provisions, This item of work shall not exceed $13,760. b. Attend Phase 2 Pre-Construction meeting at the Public Works Department in Martinez, Callfomia. This item of work shall not exceed $1,200, excluding mileage. c. provide Phase 2 construction support and oversight necessary to insure the successful completion of the septic system, at the request of the project's Resident Engineer. Complete as-built plans and provide acceptance letter as required by Environmental Health Services. This item of work shall not exceed $12,000, excluding mileage, unless approved In advance by the County. d. Complete Operation and Maintenance ("O&M") manual for the completed septic system. This item of work shell not exceed $8,000 unless approved in advance by the County. 4. Remaining Provisions. Except for the changes made by this Amendment, all provisions of the Agreement shall remain in full force and effect. 5. Signatures: These signatures attest the parties` agreement to this Amendment. Ci�y til,.ri�a^f 1 "i 4U J.i.JJ.a s+td vt ___. PUBLIC AGENCY CONSULTANT Environmental Engineering Associates ' Mau 7p. Shia _f Public Works Director Address: 446 Beaver Street Santa Rosa, CA 95404 REC010MENDED FORAPPROVAL: `Z By: Michael L. Ho lingsw Assistant Public WorT<s Director 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 treasure. (Civ. Cade, Sec. 1190 and Corps. Code, Sec, 313). The acknowledgement below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGEMENT State of California, ) )ss. County of On this 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 evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 sea[. Dated: j, vet(Notary's Seal) �" PUBLIC APPROVED AS TO FORM: SILVANI B. MARCHES[ County Counsel p� T CRY BUXTON G:tCNdat��0eai�nlcottespesndenos4Asbury GraDhata lasch Ftefd�heae 2wcanmuNir�sevlcee o0�e!ment-d- CC�MIML 1354986 Qj " NOTARY PUBLIC CALIFORNIA 0 SONOMA COUNTY � Comm.Expires May 24.2008 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: May 25, 2004 SUBJECT: State Route 4 East, Railroad Avenin to Loveridge Road, Pittsburg Area, District V Proiect No. 4660-6X4287 Task: ACID Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. ends ,Action: A. APPROVE the Relocation Assistance Claims listed below: LAI/ANI CLAIM DATE 2AYfE AAdS INI John Simonds Moving Expense 04/28/04 Credit Revolving Fund $202.50 David Williams Moving Expense 04/28/04 Credit Revolving Fund $337.50 Maria Bolanos Moving Expense 04/28/04 Credit Revolving Fund $337.50 Deborah Powell Moving Expense 04/28/04 Credit Revolving Fund $202.50 William Wong Moving Expense 04/28/04 Credit Revolving Fund $202.50 Melissa Williams Moving Expense 04/28/04 Credit Revolving Fund $337.50 B. AUTHORIZE the Principal Real Property Agent to sign said claim forms on behalf of the County. C. AUTHORIZE, the Public Works Director to charge the project by Journal Entry the sum of $1,620.00 and credit the revolving fund monies for the same amount as advanced by the Contra Costa Transporta�Authority. Con inued on Attachment:-)L— SIGNATUR �Jr � tCOMMENDATION OF COUNTY ADOIST4ATOR RECOMMENDATION OF BOARD COWITTE __ "OPROVE OTHER SIGNATURES RCTION OF BO D ON MAY 25, 2004 APPROVED AS RECOMMENDED-xx OTHER VOTE t F SUPitkVISORS xx UNANIMOUS(ABSENT NONE -- -} AYES: NODS: ABSENT: ABSTAIN: ? hereby certify that this is a true and correct copy of an action taken and entered on the CS:eh minutes of the Board of Supervisors on the O:\G rDatalRealProp12004-Files\BOS&RES1BOSecPub.doc date shown. Div: Public Works(R/P11 contact: C.Sousa(313-2223) ATTESTED MAY 253_2004 cc: County Administrator JOHN SWEETEN,Clerk of the Board of Auditor-Controller(vis RIP) Supervisors and County Administrator P.W.Accounting By Deputy Board(Orders Clerk Specialist,Admin. Subject: State Route 4 East, Railroad Avenue to Loveridge Road. Pittsburg Area. Date: May 25, 2004 Page: 2 111. Financiallmpacta Payment totaling $1,620.00 to be made from the State Route 4 East Widening Project, Railroad Avenue to Loveridge Road, which is 100% reimbursable from Contra Costa Transportation Authority. Ill. Reasons for Recommendations and Background: The claimants are occupants at a storage facility from which they are being displaced because of the highway widening project. The payments are part of the relocation entitlement required by Government Code § 7260, et. Seq. IV. Conseguences of Negative Action: The County will not be in compliance with State and Federal law.