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HomeMy WebLinkAboutMINUTES - 05252004 - C11-C16 Cell TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER DATE: May 25, 2004 SUBJECT: APPROVE contract with LFR,Inc. in the amount of$113,200 for the period May 10,2004 through March 1, 2005, Countywide. (San Francisco Bay Regional Water Quality Control Board Grant Funds) (All Districts) Project No. 0929 6x7103 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action.: APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, on behalf of the Contra Costa Clean Water Program, to execute a contract with LFR, Inc. in the amount of$113,200.00 to provide a Countywide Infiltration Feasibility Study for the period May 10,2004 through March 1, 2005, Countywide. (San Francisco Bay Regional Water Quality Control Board Grant Funds) (All Districts)Project N9. 0929 60103 Continued on Attachment: X SIGNATURE, RECOMMENDATION OF COUNTY AIMMINISTRA R _RECOMMENDATION OF BOARD COMMITTEE APPROVEOTHER SIGNATURE(S): - ACTION OF BO ON MAY 25 2004 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS xx UNANIMOUS{ABSENT �,0NE ) I hereby certify that this is a true and correct copy of an action AYES: NOES.- taken and entered on the minutes of the Board of Supervisors on ABSENT: ABSTAIN: the date shown. DPF:r m ATTESTED: MAY 25., 2004 G:c PData xP J s ao_xes_cn,racls_A91W eo ,aaa a a-ae;an Orig.Dlv: Public Works Flood Cont' JOHNJdHSWEETEN> oarp Clerk of the Board of Supervisors and Contact: (313-2373)Donald P.Freitas County Administrator ct CAO County Counsel PW Accounting By— Deputy SUBJECT: APPROVE contract with LFR, Inc.in the amount of$113,200 for the period May 14,2004 through March 1, 2005, Countywide. (San Francisco Bay Regional',Water Quality Control Board Grant Funds) (All Districts) Project tio. 0929 6x7103 DATE: May 25, 2004 PAGE: 2 II. Fiscal Impact: None. This project is funded entirely by a grant provided to the Contra Costa Clean Water Program by the San Francisco Regional Water Quality Control.Board. Ili. Reasons for Recommendations and Backeround: The Contra Costa Clean Water Program's primary mission is to protect our water resources. Stormwater runoff is the single largest source of water pollution in the urban environments Impervious surfaces (e.g., rooftops, streets,parking lots, etc.), which are a common and pervasive element in the urban environment, do not allow rainwater to percolate into the ground. :Instead, impervious surfaces effectively collect,concentrate and convey this rainwater along with a variety of pollutants deposited, spilled, dripped etc onto these surfaces to our local creeks, the delta and bay without the benefit of treatment. The cumulative impact of these impervious surfaces increases the volume and velocity of runoff, which can increase the potential for downstream flooding and accelerate stream bank erosion. The Program desires to better understand potential methods for increasing infiltration and thereby reducing or compensating for impervious surfaces caused by urbanization as they relate to stormwater runoff. This study will result in the preparation of guidelines and exhibits to facilitate communication of potential requirements to the development community in order to mitigate the cumulative impacts that new development and redevelopment projects can have on our water resources. IV. Consequences of Negative Action: Should this contract not be approved, the Contra Costa Clean Water Program, representing all 19 incorporated Cities/Towns in Contra Costa and the Unincorporated Contra Costa County, would lose grant funding and the opportunity to increase our knowledge on methods to mitigate the impacts of land development on our water resources in Contra Costa County. CONSULTING SERVICES AGREEMENT 1. Special Conditions. These Special Conditions are incorporated below by reference. (a) Public Agency: Contra Costa County Flood Control and Water Conservation District (b) Consultant's Name &Address: LFR Inc. 1900 Powell Street. 12tr, F€oor Emeryville, CA 94608-1827 (c) Project Name, Number, & Location: Countywide Infiltration Feasibility Study; Project No.: 0929-6x7103 (d) Effective bate: May 10, 2004 (e) Payment Limit(s): $113,200 (f) Comp€etion Date(s): March 1, 2008 2. Signatures. These signatures attest the parties' agreement hereto: PUBLIC AGENCY CONSULTANT By: Maurice M. Shlu Public Works Director/ By; (; V, Public r ,M Chief Engineer, or Designee (Designate2"Irship, lal capacity in the business Type:of Business: (sole propyl government agency, partnership, corporation, etc.) If Corp ration, State of incorporation:_ Massachusetts By:- �, .` _,,�". By. z (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 — l(e V—y ) 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 evidence)to be the persons)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 seal. Dated: _ Notary Public (Notary's Seal) comm, 325 a NOTARY FUBUC-CALIFORNIA O AEAMEDA COUNTY 0 COMIM,EXP,NOV.30,2005� 3. P rties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: Emfioyment. 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. Sco e of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by this reference. 5. 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 sub- contracts 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)Worker's Compensation Insurance pursuant to state law; and, (b) Professional Liability Insurance with minimum coverage of $1,000,000 and a maximum deductible of$100,000; and (c) Comprehensive General Liability Insurance, including blanket contractual(or contractual liability)coverage, broad form property damage coverage, and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$ 1,000,000 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, City of Antioch, City of Brentwood, City of Clayton, City of Concord, Town of Danville, City of E€ Cerrito, City of Hercules, City of Lafayette, City of Martinez, Town of Moraga, City of Oakley, City of Orinda, City of Pinole, City of Pittsburg, City of Pleasant Hill, City of Richmond, City of San Pablo, City of San Ramon, City of Walnut Creek, its/their governing bodies, officers and employees as additional insureds, except for workers compensation and professional liability. 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 charge in coverage. 3. 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 monthly 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 Consultantis 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. 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. Ownership of Documents. Ail materials and records of a finished nature, such as final plans, specifications, reports, and maps, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of Public Agency. All materials of a preliminary nature, such as survey motes, 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. Reuse of Consultant's final work products for other than their intended purpose shall be at user's sole risk. 14. Extra Work. Any work or services in addition to the work or services described inAppendixAshai/ be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate urcharge is listed fora particular type ofextra work, Consultant shall bepaid for the extra work atarate hobemutually agreed nnphorho cunomenuamantofthe extra vmzrk. !nnoevent shaUConsultant beentitled tocompensation for extra work un|emsa written authorization or change order describing the work and payment terms has been executed by Public Agency prior tothe commencement ofthe work. 15. Egyment Eg!ention. Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the fulfillment of this Agreement.After the Consultant has completed all work under this Agreement, submitted final billing, and the Public Agency has found the work to be accurate,the Public Agency will pay all withheld funds. Public Agency will pay withheld funds In accordance with the requirements of Civil Code Section 3320 as applicable.A retention will not be withheld for any"on-cali"work. 16. Termination by Public Agpncy.At its option, Public Agency shall have the right to terminate this Agreement at any time bywritten notice to Consultant, whether or not Consultant is then in default. Upon such termination, Consultant shaH, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance ofthis Aoreement, and shall be paid, without duplioaUnn, all amounts due for the sen/!oem 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+0 completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation' or abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement, or in the event that either party breaches this Agreement, the other party shall have the right topursue all remedies provided bvlaw orequity. Any disputes relating tothe pe� U ormonc� of�hisAgne�m�nt�h� nmtbeau'ecttonon�udicia! arbhr~-tion. Any litigation involving this Agreement orrelating tothe work shall bebrought\nContra ^Costa County, and Consultant hereby waives the removal provisions ofCode ofCivil Procedure Section 3Q4. 1;g, In performing this Agreement, Consultant shall comply with all applicable laws, o(atuteo, 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, 20� Assignment. This Agreement ahoU not be assignable ortransferable 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 asConsultant notifies Public Agency of such subcontracting prior to execution of this Agreement, Any other purported assignment, transfer orsub-contracting shall bevoid. 21 SubpontraglIM.Allauboontnectaexoaeding$25.8UDincoatohaUoonto|naUufthenaquiredprovimionmofthie 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 h is/her registration number, 23. oeofapatent orcopyright toConsultant urany other person shall not affect Public *gencparights totnemmteMalaand,ncordapneparedorobtainedintheperfmrmanoamfth/sAonaement. Pub|icAgency 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 aperiod offifty years from the date ofexecution cfthi Agreement, unless extemdedbyoperation oflaw or otherwise. 24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing body, officers, employees, representatives, and agents ("Indemnitees") from any and all demands, losses, claims, costs, suits, liabilities, and expenses for any damage, injury,or death(collectively"Liability")arising directly or indirectly from or connected with the services provided hereunder which is caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys' fees and costs, the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the public Agency, its governing body, officers, or employees. This indemnification clause shall survive the termination or expiration of this Agreement. 25, Heirs.SucQeesssors and Rams. 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 oil 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. Project 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 Enter rise DBE Re uiremen s Federal aid roiects only). Consultant shall comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In addition, in performing services under this Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE and shall submit to Public Agency written documentation of such effort. 29. Federal Cost Prinei l�es_and Procedures (Federal aid proiects only} Consultant shall comply with the following provisions,which are incorporated into this Agreement by reference: (a)the cost principles for allow ability w individual items of costs set forth in 48 CFR, Chapter 1, Part 31: (b)the administrative procedures set forth in 49 GFR, Part 18; and (c) the administrative procedures for nonprofit 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) G:\GrpOata\NPDESt80_F;es_Contracts_AcmtILFR\LFR CSA Final Doc.doc APPENDIX "A'° Countywide infiltration Site Characterization Criteria & Guidance Study WORK PLAN SUMMARY OF PROJECT SCOPE The Contra Costa Clean Water Program (Program) desires to better understand potential methods for increasing infiltration and thereby reducing or compensating for impervious surfaces caused by urbanization as they relate to stormwater runoff. Landforms and land uses that influence the selection of various methods for increasing infiltration need to be considered. The Program member agencies need guidelines and exhibits to facilitate communication of potential requirements to the development community. This Work Plan describes the project in its entirety. Protection of groundwater from pollutants that are present in urban runoff and existing subsurface contamination is of primary importance. The guidelines shall identify when infiltration practices, measures or facilities (infiltration systems) are not appropriate. They must also identify site specific tests that will be needed to approve the various methods and also what pollution prevention measures must be implemented to assure that groundwater will not be contaminated by various pollutants of concern' (POC) as a result of their use. Also of importance is the classification of the infiltration systems as providing either: A. Infiltration, B. Infiltration and runoff treatment, or C. Purely runoff treatment. An example might be a bio-filter system that provides treatment of urban runoff, but that might also provide some level of infiltration under certain conditions or with minor design modifications. Common designs of bio-filter systems include a sub-drain that collects the treated runoff and discharges it to a storm drain system. This type of system would be considered primarily a treatment system. It could be reviewed to determine under what conditions or with what design modifications it would provide significant levels of infiltration. This Study will focus on infiltration systems and how they should be applied to protect groundwater from contamination. This study will not focus on effectiveness of treatment systems other than how they might be used in conjunction with infiltration systems to protect the groundwater or how they might provide a secondary function of infiltration. Pollutants of Concern(POC)include,but are not limited to,copper,nickel,mercury,chlordane,DDT,dieldrin, PCBs,dioxin,diazinon,and chlorpyrifos. March 3, 2004 Page 1 of 8 General tasks and deliverables for this Project include: • Collection, organization and summary of existing studies and literature pertinent to the implementation of infiltration systems. • Identification of infiltration systems, how they function, and how they compare in economically feasible and long-term functionality. • Presentation of a typical example of each infiltration system. • Identification of construction and maintenances issues and costs associated with each infiltration system that must be considered when selecting and designing them. • Identification of site and watershed parameters that should be considered in the selections of infiltration systems. • Preparation of a matrix for the infiltration systems summarizing the results of the Study. • Preparation of guidelines, flowcharts, decisions trees, and/or checklists that will be used by all Program members in implementing infiltration systems. The guidelines should present how watershed parameters should be used in determining which infiltration systems or combination thereof can be considered for any particular site. • Collection and compiling pertinent geographical information that will assist in the identification of locations within Contra Costa County that have potential for implementing the various infiltration systems. • Preparation of maps that can be modified and/or customized by the Program for use by the Program members in conjunction with the guidelines. MILESTONE REPORTS, MEETINGS AND PRESENTATIONS Milestone Reports: In addition to the project deliverables identified within this 'work Plan, "Milestone Reports" shall be produced to keep the Program, Regional Board and PCM informed of the project's progress. The Milestone Reports shall be ,addressed to the Program and Regional Board staff, in letter or memorandum format providing (at a minimum) information regarding what tasks are complete, what tasks are being worked on, budget status and schedule compliance. The Milestone Reports can highlight important findings or obstacles encountered, but shall be brief. At a minimum, three (3) Milestone Reports shall be provided at the following points: A. Completion of the literature review, no later than July 5, 2004. This submittal will include a brief summary report of the results of the literature review. B. Completion of the infiltration System Matrix, no later than November 1, 2004. This submittal will include a copy of the Infiltration System Matrix, accompanied March 3, 2004 ;gage 2 of 8 by a brief explanation of its contents. C. Completion of the project, no later than January 17, 2005. This submittal will include the deliverables described under Task 6 below. Milestone Meetings: Within two (2) weeks of submittal of each Milestone Report, a meeting shall be held with the Program's Technical Work Group to review the content provided in the Milestone Reports, and to obtain comments and direction from the Technical Work Group members. Milestone Presentations: Two (2) formal presentations will be made to the Program's Management Committee. The first presentation will be made on November 17, 2004. The purpose of this presentation, which follows submittal of the November 1, 2004 Milestone Report, will be to review the project's goals and objectives, tasks completed, and next steps. The second presentation will be made on January 19, 2005, following completion of the project. The purpose of this presentation will be to review the contents and information contained in the final draft guidance document, and to show Program agencies how to use and apply the guidance to determine how, when and where infiltration systems, or combinations thereof, can be used for any particular new development or redevelopment project in Contra Costa County. BACKGROUND With the spread of urban dwellings, businesses, and industry to relatively undeveloped land, there has been and will continue to be a conversion from predominately natural pervious ground cover to impervious surfaces such as paved highways, streets, rooftops, and parking lots. These newly developed impervious areas cause stream degradation in several ways: • Rainwater is prevented from infiltrating into the soil, where it can recharge groundwater. This reduces base stream flows during the dry season. • Because it cannot infiltrate into the soil, more rainwater runs off, and runs off more quickly, causing increased flow volumes and durations, accelerated erosion in natural channels, and associated reduction of habitat and other stream values. Flooding and channel destabilization may require construction to channelize the stream, with further loss of natural stream uses. As runoff moves over large impervious areas, it collects and concentrates non- point source pollutants— increasing pollution in streams and other water bodies. a Impervious surfaces retain and reflect heat, causing increases in ambient air and water temperature. Increased water temperature negatively impacts aquatic life and reduces the oxygen content of nearby water bodies. Imperviousness is one of the few variables water resource managers can explicitly quantify, manage and control at each stage of land development. Water resource managers throughout Contra Costa encourage project proponents to mitigate increases of site imperviousness and runoff by promoting, among other things, the infiltration of March 3, 2004 Page 3 of 3 runoff into the soil, where appropriate. The appropriateness of on-site infiltration will depend on a variety of factors (e.g., depth to groundwater, soil porosity, movement of groundwater, distance from known water supply wells, land use, etc.). DEFINITIONS For this work plan, the following definitions for infiltration systems shall apply. These definitions may change, as the infiltration systems are better understood. The examples are intended to describe the types of facilities that may fall under the definition. Examples may fall under more than one definition depending on the number of parcels served. The intent is to distinguish infiltration systems that are implemented simply by changing methods of land management (e.g. change irrigation timing practices) to intentional physical changes to the earth's surface (e.g. construct infiltration basins) that will assist in reducing storm runoff and increasing infiltration. Infiltration; Practices: Managing or maintaining existing or traditionally constructed land cover or drainage systems (landscaping, roof drainage systems, open land areas) to increase infiltration. Normally limited to "serving" single parcels. These could be voluntary or made conditions for development permits and could apply to private and/or publicly owned lands. EXAMPLES: Modification in irrigation patterns, chemical soil treatment (application of gypsum), soil treatments (aerating lawns by "plugging") modifying tilling practices for fire protection in open lands, disconnection of roof drains from pipes that lead to the street. Infiltration Measures: Construction or rehabilitation of land-cover in a way that increases infiltration. Modifying traditional systems on a parcel-by-parcel basis to increase infiltration. These may be voluntary for existing parcels and or requirements for new development projects. EXAMPLES: Placing new subsoil materials in lawn areas (adding a sand layer under top soil as a condition of approval for new subdivisions), requiring rain barrels, infiltration trenches, vegetated swales, bioretention facilities, permeable pavement, planting more or different species of vegetation, and underground detention facilities. Infiltration Facilities: Construction or management of new or existing public or semipublic storm water facilities that serve one or more parcels, EXAMPLES: Detention basins, infiltration basins, groundwater recharge facilities, vegetated swales, bioretention facilities, and water quality ponds with a short- term dead storage area. Marcie 3, 2004 Page 4 of 8 SCOPE OF WORK The following provides additional details, which may be elaborated upon or simplified, when the project is underway. Any modification of the scope of work needs to be explained to the Program and Regional Board by letter or e-mail, and included in the pre-scheduled Milestone Reports. Task I - Literature Review Assemble the latest literature and studies on infiltration systems addressing the following areas as well as other areas that the literature may reveal: a) Potential impacts to groundwater from infiltration systems, and necessary precautions and design considerations for groundwater quality protection, b) Design parameters and considerations, c) Construction costs, d) Appropriate application conditions (e.g., site conditions, drainage area, land use, etc.), e) Maintenance methods and issues, f) Maintenance costs, g) Long-term functionality h) Public health considerations, especially mitigating potential increases in mosquito vectors, and i) Potential impacts to ground stability Similar literature reviews from recent projects may be used. Efforts to find new literature and studies prepared since the completion of past projects should be evident in the literature review. Task 2 - Infiltration Systems Task 2.1 - Evaluation of Infiltration Systems a) Prepare text, tables, and figures to identify how the infiltration systems differ in function, economic feasibility, and long-term functionality. b) Prepare text, tables, and figures to identify issues for each infiltration system that must be considered when selecting and designing them including, but not limited to: i) Construction issues, March 3, 2004 Page 5 of 8 ii) Maintenance issues, iii) Construction casts, and iv) Site planning issues. Tank 2.2 - Identify Appropriate Site Conditions Prepare written text identifying and discussing the rational for site and watershed parameters that should be used to determine the feasibility of infiltration systems including, but not limited to: c) Land use, d) Site history, e) Soil type, f) Geotechnical considerations, g) Water table conditions, and h) Topography. Task 2.3 - Prepare Infiltration System Matrix Prepare a matrix for the infiltration systems summarizing the results of the project. The summary matrix or set of matrixes should be comprehensive enough for use as a back-up reference to more simplified guidelines provided in Task 3 below. Task 3 - Guidelines Prepare guidelines, flowcharts, decisions trees, and/or checklists that will be used by all Program members in implementing infiltration systems as well as for use by developers proposing projects in the County. The guidelines shall present how watershed parameters are used in determining the feasibility of an infiltration system, or combination thereof, for any particular site. Simplified tables shall be prepared for use in quickly identifying the appropriate or allowable infiltration system for a particular site. Graphical examples of the various systems shall be included. The quality of the Guidelines shall be "user friendly"; that is, they should be in a format that can be easily used in booklets or pamphlets for agency and development project engineers and managers. Flow charts or decision trees can be used to simplify the selection of potential infiltration systems for sites with similar characteristics. These guidelines will be incorporated into the deliverable described in Task 6. Task 4 - Geographical Information The purpose of collecting and compiling geographical information (Geographical Information System (GIS) or other) is to identify areas where March 3, 2004 Page 6 Of 8 infiltration systems can or cannot be implemented. For example, there may be general areas where, due to soil, land use, high water table, or slope conditions specific infiltrations systems would not, or should not, be considered. There may also be areas where soil and water table conditions are ideal for infiltration systems, or feasible subject to additional control measures. There could also be land use conditions where infiltration should be prohibited. The Program seeks to identify these areas on a countywide map. This task includes the following work: a) Collect and compile readily useable existing geographical information related to: 1) Soils and their capacity for infiltration, ii) Groundwater elevation and gradients, iii) Geological information (historic slides, bedrock depth, known slides, and areas with potential for slides or debris flow if soil are saturated), iv) Water supply well locations and associated water table data, v) Transportation corridor information (ADT over 15,000 veh/day), Vi) Historic knowledge of underground contaminants, and vii) Land use and development. b) Identification of data that would be beneficial to the project, but is unavailable or financially beyond the scope of the project to obtain or convert to the Program's Geographic Information System (Arc GIS). c) Prepare a countywide map or maps in ArcGIS format showing areas of high and low potential for use of various infiltration systems. Following is a partial list of GIS data layers generated by or currently available to the Program for its GIS: i) Parcels with attribute data ii) NRCS soil types (quality unchecked) iii) Countywide 10 foot contours and DTM iv) Countywide color and black and white digital ortho photos V) Road and highway network (with ADT) March 3, 2004 Page 7 of 8 vi) Creeks attributed with channel characteristics vii) Floodplains (FEMA data) viii) Rain and stream gauge locations ix) Mean annual isohyets x) Watershed boundaries Other data that is likely available: i) Water supply well data (County Environmental Health Department). Task 5 - Prepare Maps Maps prepared in Task 4 will be prepared so that they can be customized and/or modified by the Program for use by the Program members in conjunction with the guidelines. Task 6 - Compilation of Final Infiltration Guidance Study Results Upon completion of the project, compile the results of all tasks completed into a Final Infiltration Guidance Document, The Program and Regional Board shall be provided with one bound copy each of text, tables, figures, and maps with plastic or other hard cover, cover letter explaining document contents, a table of contents, and executive summary of the study and general findings and two copies of CD's with text, tables, exhibits, and reaps in a digital format usable by the Program and the Regional Board. G::GrpData\NPDES\NDCCC\C.3 implementation Workplan7ecnnical Worcs Group\Appendix A infiltration Work Pian.doc March 3, 2004 Page 8 of 8 _ APPENDIX LFR LEVINE-F0%CKE2004 LABOR RATES FOR THE CONTRA COSTA COUNTY COUNTYWIDE INFILTRATION SITE CHARACTERIZATION CRITERIA AND GUIDANCE STUDY Charges for work performed on a project will be calculated and billed in U.S.currency at the rates and by category shown below, Labor rates include all fringe benefits, burdens and fees.This schedule isrevised annually. the beginning ofeachyear. ChangeovvitWnaca|endaryearvvi/| notbemadeonapuojectinprogressvvithoutphmrnctM|cadon. PROFESSIONAL SERVICES RATE PER HOUR Staff $62-72 Senior Staff 83 Project 95 Senior Project 105 Senior 115 Senior Construction Engineer 115 Senior Associate 125 Principal 185 SeniorPcincipa| 200 FIELD AND TECHNICAL SUPPORT SERVICES Engineedng/Envirunmenta|Technician 42-79 Construction Engineer 75 Engineering Demigneo/CADDOperator 65-80 PnojecVlAdministrative/\snietant 50-80 0&TA8ASE-(NFORMATION SYSTEMS SUPPORT/COMPUTER SERVICES Information Systems/Database SupportSpecia||yt 53 -87 CA0DConnputerServices 12 Scientific Com puterServices 18 [)�abaseXnfo,mm1ion upon request Publications and Graphics Support Services Technical Editor 60-80 Reproduction 45 Subcontractor(associated with this project an}y) Consulting Engineering Subcontractor 120 (*) Includes Engineer, Hvdrogeo!ogist, Chemist, Scientist, information lechno}ogiesAna/yst/Deve!oper,etc. Expert Witness = 1.Stimes billable rate Ten percent(10%)will be added to direct expenses to cover administration of travel, subsistence, contracted printing costs and phctngnaphicvvork, m�eriaband supplies, and other ou�u�poc�texpenses. (]u�ideoem|oesfor vvhichLFR a6m/ni$eoosubcontract,such aydrilling, |uboratory services, utility locators,etc.,and other outside services such us equipment rental,will be charged at cost plus ten percent 0 0%).This charge includes insurance costs, business taxes, administrative fees, processing fees,and carrying costs. Supplemental staff retained bLFR for project-specific needs will be billed at the appropriate staff rates. Internal costs for telephone, routine postage,andperpaSepho1ucopyin0wi|| be covered by a 2.4% communication fee based on total project invoice.Time spent in domestic travel will be billed with the foregoing schedule, except that no more than eight hours of travel time will be billed in any one day. INVOICES AND PAYMENT Invoices vv||| beissued routinely onafinal orpartial basis. Payment is due upon receipt. interest ofone and one-half percent per month (10% per annum)will be applied to the outstanding balance for accounts not paid within thirty(30) calendar days from receipt ofthe invoice.Thisdoes not constitute acredit agnementClient shall pay any attorney fees, court, and other costs associated with collection ofany delinquent amount, Rates are guaranteed through January 2005 (Anticipated Date of Completion for Countywide Infiltration Site Characterization Criteria and Guidance Study). For out-of*cope�tivitiesand/or addibona| scope requested byC|{enC LFRw/}| prnv�deacatemtim�efor Oien\approval and authohzat!on. At that hme, LFRwill nct|fvClient ofany n�a changes, |fapplicable. ' mmcmRates:lfr APPENDIX C LER LEVINE-FR€CKE PROJECT STAFF FOR THE CONTRA COSTA COUNTY COUNTYWIDE INFILTRATION SITE CHARACTERIZATION CRITERIA AND GUIDANCE STUDY LABOR CATEGORY � STAFF 0 Principal Michael Thomas Senior Associate Chris Mardi Senior Bill Carson, Noel DeGuzman Senior Project jLucas Paz; Davida Novarr Projct Scott Bishop Senior Staff Adam Ellis Technicai Editor Ili Dolores Henricksen; Veronica Hadsell CADD Operator/Engineering Design Dan Beardsley; Alec Reyes Reproduction Dan Gallardo; Dave Geeter Engineering Subcontractor Dan Cloak Project Assistant Raquel Frogier; Dori Baker LFRLaborcategones THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,CALIFORNIA Adopted.this Resolution on May 25, 2004, by the following vote " AYES. SUPERVISORS GIOIA, UILKE,IA, GREENBERG, BESAL'LNIER ANIS G ova DOES. NONE ABSENT: NONE RESOLUTION NO. 2004/2 2004/273 ABSTAIN: NONE Deerings Water code,Uncodified Acts Act 1656 § 32 West's Water Code, Appendix 64-31 (Gov. Code § .25526.5 &25526.5) SUBJECT: ADOPT Resolution Ko. 20041 273 approving the conveyance of Flood Control and Water Conservation District interest in real property to the City of Oakley, in Connection with DA30A, 29C and.291 . PW 79125, 79/23, and. 83/808 Project No. 7557-6D8410 Oakley 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: The Board approved the Negative Declaration of Environmental Significance on January 2, 1979 and on June 7, 1983, in compliance With the California Environmental Quality Act(CEQA). These activities have been found to conform to the General Plan of the City of Oakley. Contra Costa County Flood Control and Water Conservation District acquired certain real property by Deeds on May 19, 1986 in Volume 12889 of Official Records at page 307 on August 3, 1988 in Volume 14492 of Official Records at page 184, and on March 4, 1992 in`volume 17281 of Official Records at page 66. The District also acquired certain real property by Easement Deeds in the Oakley area,described in Exhibit"A"attached hereto;for said projects. Said interest is DETERMINED to be no longer necessary for the District use. This Board hereby APPROVES and AUTHORIZES the conveyance of said interests to the City of Oakley, pursuant to Government Code Section 25526.5 and 25526.6, and the Chair, Board. of Supervisors, is hereby AUTHORIZED to execute a Quitclaim Deed and an Assignment of Easement on behalf of the District, in accordance with the maintenance of drainage facilities on file in the Public Works Department. The Real Property Division is DIRECTED to cause said Quitclaim.Deed and Assignment of Easement to be delivered to the grantee for acceptance and recording. I hereby certify that this is a true and correct Csp:en copy of an action taken and entered on the G:lGraoamtReaiP':op\2004.Files\130s&RFS\stz26 City ofoakley.doc minutes of the Board of Supervisors on the 47r3g.Dept.:.: Public Works(xtlP) date shown. Contact: C.PiAa-Sandoval(3:3-21712) ATTESTED: MiAY 25, 2004 cc: Public Works Accounting JOHN SWEETEN,Clerk of the Board of Public Works Records Supervisors and County Administrator Grantee(via RIP) Recorder(via R/P) By — Deputy Community Development Dept Board Orders Clerk Specialist,Adm. RESOLUTION NO. 20041 273 Contra Costa County Flood Control and Water Conservation District Fee Title Property'Transfer to City of Oakley Exhibit A Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California,hereinafter referred to as the District,hereby quitclaims the following real property to the City of Oakley: PARCEL B. All APN 035-322-018—FEE TITLE (:Drainage Area 29C Basin#1 Addition—dwg. EB-10130) All of that parcel of land granted to the District recorded May 19, 1986, in Volume 12889 of Official Records at page 307. PARCEL C3. All AP'-i 037-100-036—FEE"TITLE (Drainage Area 29H Basin 43 Addition Parcel 1560.1 --dwg.EB-10124.1) All of that parcel of land granted to the District recorded August 3, 1988, in Volume 14492 of Official Records at page 184. PARCEL H. Ptn. AP'NTs 035-282-036 and 049—:FEE TITLE (Drainage Area 30A Line A @ Hwy. 4) All of that parcel of land granted to the District recorded March 4, 1992, in Volume 17281 of Official Records at page 66. RVF.ew G:\GrpData\FldCfl\Administration\Legals\City of Oakley-Fee Title Property Transfer.doc 5/06/04 Contra Costa County Flood Control and Water Conservation District Easement Property Transfer to City of Oakley Exhibit A Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California,hereinafter referred to as the District, hereby quitclaims the following real property to the City of Oakley: PARCEL I: Ptn. APNT 035-220-028 —EASEMENT (Drainage Area.30A Line A Parcel 1.237—dwg. ED-14114) The permanent easement granted to the;District recorded December 19, 1983, in Volume 11576 of Official Records at page 816. PARCEL J: Ptn. APN 035-202-412—EASEMENT (Drainage Area 30A Line A Parcels 1605 chi 1606—dwg. ED-10162) The permanent easements granted to the District recorded October 17, 1990, in Volume 16187 of Official Records at page 710. PARCEL K: Ptn. APN 035-202-004—EASEMENT (Drainage Area 30A Line A Parcel 1608•-dwg. ED-10162) The permanent easement granted to the District recorded October 4, 1990, in Volume 16165 of Official Records at page 234. PARCEL L: Ptn. APN 035-202-007—EASEMENTS' (Drainage Area 30A Line A Parcel 1609•-dwg. ED-14163) The permanent easement granted to the District recorded October 17, 1990,in Volume 16187 of Official Records at page 716. PARCEL M. Ptn. APNT035-212-007—EASEMENT (Drainage Area 30A Line A Parcel 1610—dwgs. ED-10164 c&5) The permanent easement granted to the District recorded January 3, 1991, in Volume 16334 of Official Records at page 602. PARCEL,N: Ptn. APN 035-212-006 c&Ptn. APN 035-220-005 —EASEMENTS (Drainage Area 30A Line A Parcels 1611 & 1612—dwg. ED-14165) The permanent easement granted to the District recorded.January 3, 1991,in Volume 16334 of Official Records at page 595. PARCEL O. Ptn. APNT 052-062-SBE--EASEMENT (Drainage Area 56 Lindsey Basin Outfall) Any and all interest in the 100' wide easement described in the indenture recorded April 16, 1988, in Volume 14257 of Official Records at page 674. svr:cw G:\CrpDatal7ldCtllAdministrsxion\L--gals\City of Oakley-Easement Property 7ransfers.dcc 5/06104 Recorded at the request of: City of Oakley After recording returns to: City of Oakley City Clerk P.O. Box 5 Oakley, CA 94551 ! QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to the City of Oakley the following described real property in the City of Oakley, a municipal corporation of the State of California. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSER ON DISTRICT Date: MAY 25, 2004 By -� Ch G r, Soar of Supervisors STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA, } CnMW 2.522 before me, &IIIA Le SHARP Deputy Clerk of the Board of Supervisors, Centra Costa County,personally appeared ,SUP, FEDRa, GIOVER who is personally known to me (or proved to arse 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 capaclty(les), and that by his/her/their signature(s)on the instrument the persons), or the entity upon behalf of which the person(s) acted executed the instrument. By: (Seal) 4eput Clerk G:\Grr,Data\Rea3Prop\2004-Files\04-4\DE,74Glty of Oakley.doc 413o/64 Contra Costa County Flood Control and Water Conservation District Fee'Title Property Transfer to City of Oakley Exhibit A Contra Costa County Flood Control and Water Conservation District,a political subdivision of the Mate of California, hereinafter referred to as the District,hereby quitclaims the following real property to the City of Oakley: PARCEL B: All APN 435-322-018 —FEE TITLE (Drainage Area 29C Basin#1 Addition—dwg. EB-14134) All of that parcel of land granted to the District recorded May 19, 1986, in Volume 12889 of Official Records at page 347. PARCEL G: All APN 037-100-436--FEE 'TITLE (Drainage Area 29H Basin#3 Addition Parcel 1560.1 --dwg. EB-10124.1) All of that parcel of land granted to the District recorded August 3, 1988, in Volume 14492 of Oficial Records at page 184. PARCEL H: Ptn. A.PNs 435-282-436 and 049—FEE TITLE (Drainage Area 30A.Line A(ate Hwy. 4) All of that parcel of land granted,to the District recorded March 4, 1992, in Volume 17281 of Official Records at page 66. RVF:cw G:\GrpData\FldCtl\Administmtion\Legals\City of Oakley-Fee Title Property Transfer.doc 5fo61o4 Recording Requested By: City of Oakley i When Recorded Return to: City of Oakley City Clerk R.O. Box 6 Oakley, CA 94561 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSIGNMENT OF EASEMENT For value received, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, ("Assignor"), hereby assigns, transfers and conveys to the CITY OF OAKLEY, a municipal corporation of the State of California, all of Assignor's rights, title, interests and obligations under those certain easements recorded in the County of Contra Costa's Recorder's Office. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO? AND MADE A PART HEREOF. CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT i Dated MAY 25, 2004 B � Chair. Beard of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On, before me,EMA L. SHARP Deputy Clerk of the Board of Suervisors,Contra Costa County,personally appeared SUMP FEDERAL GI OVFft who is 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. By. (Seal) [Aputy Clerk :csp:eh G:1GrpData\Rea PropQO04-Files104-41D�-:1 City of Oakley Assignment.doc 4?30/04 Contra Costa County blood Control and Water Conservation District Easement Property Transfer to City of Oakley Exhibit A Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter referred to as the District, hereby quitclaims the following real property to the City of Oakley: PARCEL,I: Ptn. APN 035-220-028--EASEMENT (Drainage Area 30A Line A Parcel 1237—dwg. ED-101.1.4) The permanent easement granted to the District recorded December 19, 1983, in Volume 11576 of Official Records at page 816. PARCEL J: Ptn. APN 035-202-012—EASEMENT (Drainage Area 30A Line A Parcels 1605 & 1605—dwg. ED-10162) The permanent easements granted to the District recorded October 17, 1990, in Volume 16187 of Official Records at page 710. PARCEL K: Ptn. APN 035-202-004—EASEMENT (Drainage Area 30A Line A Parcel 1608—dwg. ED-10152) The permanent easement granted to the District recorded October 4, 1990,in Volume 15165 of Official Records at page 234. PARCEL L: Ptn. APN 035-202-007--EASEMENT (Drainage Area 30A Line A Parcel 1609—dwg. ED-10163) The permanent easement granted to the District recorded October 17, 1990, in Volume 15187 of Official Records at page 716. PARCEL M: Ptn. APN 035-212-007—EASEMENT (Drainage Area.30A Line A Parcel 1610—dwgs. ED-10164 & 5) The permanent easement granted to the District recorded January 3, 1991, in Volume 16334 of Official Records at page 542. PARCEL N: Ptn.APN 035-212-006 &Ptn. APN 035-220-005 —EASEMENTS (Drainage Area.30A Line A Parcels 1611 & 1612—dwg. ED-10165) The permanent easement granted to the District recorded January 3, 1991,in Volume 15334 of Official Records at page 595. PARCEL O: Ptn.APN 052-052-SBE—EASEMENT (Drainage Area 56 Lindsey Basin Outfall) Any and all interest in the 100' wide easement described in the indenture recorded April 16, 1988, in Volume 142.57 of Official Records at page 674. RWew C.i\GrpData\F]dCV�\h dmsnistrationiLega:s\City of Oakley-Easement Property i ransfers.doc 5/06/04 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on May 25, 2004, by the following vote: of AYES: _--'-SUPERVISORS GIOIA, UILK&MAI , GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE RESOLUTION NO, 20041274 ABSTAIN: NONE Deerings Water code, Uncodified Acts Act 1656 § 32 West's Water Code, Appendix 64-31 (Gov. Code § 25526.5 SUBJECT; ADOPT resolution No. 2004/ 274 approving the conveyance of Flood Control and Water Conservation District interest in real property to the City of Antioch, in connection with Drainage Area 56, Channel Z, East Antioch Creek. [CP#03-42] Project No. 7566-6D8719 Antioch 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: The project will not have a significant effect on the environment, and DETERMINES that the project is exempt from the requirements of the California Environmental Quality Act(CEQA)as a Class 12 Categorical Exemption under Section 15312 of the State CEQA Guidelines, and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for payment of a $25.00 handling fee to the County Clerk for filing and a $25.00 fee to Community Development for processing of the Notice of Exemption. This activity has been found to conform to the General Plan of the City of Antioch. Contra Costa County Flood Control and Water Conservation District acquired certain real property by Final Judgment of Condemnation on April 11, 1990 in Volume 15781 of Official records at page 966 in the Antioch area. The properties described in Exhibits"A-1", "A-2" "A-3" "A-4", and shown on Exhibits"B-1" "B- 2", and "B-3" attached hereto, for said project is DETERMINED to be no longer necessary for District use. Conveyance of these properties to the City of Antioch will provide maintenance and continued use as a Flood Control facility for public purposes. This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to the City of Antioch, pursuant to Government Code Section 25526.5, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute a Quitclaim Deed on behalf of the District, in accordance with the maintenance of Drainage Area 56, Channel Z, East Antioch Creek. The Real Property Division is DIRECTED to cause said Quitclaim Deed to be delivered to the grantee for acceptance and recording. Csp:eh i hereby certify that this is a true and correct G:\GrpData\RealProp\2004-Files\BOS&RES\BR.26 East Antioch Creek.doc copy of an action taken and entered on the or1g.dept.:Public works(RIP) minutes of the Board of Supervisors on the contact: C.Pilla-Sandoval(313-2012) date shown. cc. Pubic works Accounting �� Public Works Records ATTESTED: , 2004 Trina Torres,Engineering Services,Env. JOHN SWEETEN, Clerk of the Board of Grantee(via R/P) Supervisors and County Administrator Recorder(via R/P) M.Wh€gham,Community Development Dept. ; Board orders Clerk Specialist,Adm, By Deputy RESOLUTION NO. 2004/ 274 C.C.C.F.C. & W.C.D. DA 56 LINDSEY CHANNEL Z Quitclaim Portion of Parcels 1564 & 1565.213 to City of Antioch EXHIBIT `°A-1" Real property in the northeast one-quarter of Section 3,Township 1 Forth, Range 2 East, and the southeast one-quarter of Section 34, Township 2 North, Range 2 East, Mount Diablo Meridian, situate in the City of Antioch, County of Contra Costa, State of California also being a portion of Parcels 1564 and 1565.25 as described in the "Final Judgment of Condemnation Action in Eminent Domain" in favor of Contra Costa County Flood Control and Water Conservation District recorded April 11,1990 in Book 15781 of Official Records at page 966, and shown on the Map titled "C.C.C.F.C. &W.C.D. DA 56 Lindsey Channel Z",dated March, 1990, drawing No.'s ED-10173 and ED-10174 Contra Costa County Public Works Department records, described as follows: Marcel One -- Quitclaim Commencing at "PT. K" as shown on said "C.C.C.F.C. & W.C.D. drawing (ED- 10174); thence north 62°07'16" west 50.00 feet to the northwesterly line of said Parcel 1565.28; thence along said northwesterly line north 27°52'44° east 328.83 feet to a point on a tangent curve concave to the northwest, a radial from said point bears north 62°07'16"west;thence northeasterly along said curve, having a radius of 4019.96 feet, through a central of 1°53'25", an arc length of 132.63 feet to the Point of Beginning; thence from said Point of Beginning, and along said northwesterly line of Parcel 1565.213, continuing northeasterly along said curve having a radius of 4019.96, through a central angle of 4°44'28" an arc distance of 332.64 feet;thence radially south 68°45'09"east 5.00 feet to the arc of a concentric curve having a radius of 4024.96 feet; thence northeasterly along said curve, through a central angle of 4°13'20" an arc distance of 296.61 feet; thence radially north 72058'29" west 8.00 feet to the arc of a concentric curve having a radius of 4016.96 feet; thence northeasterly along said curve, through a central angle of 5°37'47" an arc distance of 394.70 feet; thence radially south 78°36'16" east 2.08 feet to a point on the northwesterly line as described in the "Final Order of Condemnation" in favor of Contra Costa Water district (CCWD), recorded July 17,1995 in series number 95-112548, Contra Costa County records, also being a point on the arc of a non-tangent curve, concave to the west, a radial from said point bears south 89°18'23"west; thence southwesterly along said curve, having a radius of 2900.22 feet, through a central angle of 8°30'50", an arc length of 430.96 feet to a point on the southeasterly line of said Parcel 1565.2B, also being a point on the arc of a non-tangent curve concave to the west, a radial from said point burs north 72037'58" west; thence southwesterly along said line and along said curve, having a radius of 4099.96 feet, through a central of 3°5249", an arc length of 277.66 feet; thence radially south 68°45'09" east 5.00 feet, to the arc of a concentric curve having a radius of 4104.96 feet; thence southeasterly along said curve, through a central angle of 4013'20",an arc distance of 3012.50 feet; thence radially north 64031'49" west 3.00 feet, to the arc of a concentric curve having a radius of 4101.96 feet; thence southeasterly along said curve, through a central angle of 2°24'33", an arc distance of 172.48 feet; thence tangent to said curve, south 27°5244" west 328.83 feet; thence north 62007'16" west 2.00 feet; thence south 27°52'44" west 75.64 feet; thence leaving said southeasterly line of Parcel 1565.2B, north 20"13'53"east 108.00 feet;thence north 18°5445"east 169.62 feet; thence north 21002'17"east 168.59 feet to a point on a non-tangent curve,concave to the northwest, a radial from said point bears north 74013'42" west; thence northerly along said curve, having a radius of 5390.87 feet, through a central angle of 1'02'09", an arc length of 97.46 feet to the Point of Beginning. Containing an area of 89,101 square feet of land, more or less. EXCEPTING Therefrom any and all abutter's rights of access, appurtenant to grantor's remaining property, more particularly described as the southwesterly four (4) courses of Parcel One (above) crossing Parcel 1565.2B. Bearings are based on the California Coordinate System of 1927 (CCS27),Zone Ill. Distances given are grid distances. To obtain ground distances, multiply distances given by 1.00047320. EXHIBIT "B-1" attached and by reference made a part hereof. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature:--:Z_ L,:�2- Licensed Land Surveyor '. Contra Costa County Public Works Date: . - > /d c �' 7k EXP 9/30� =.S F571 G:\G.pData\Design\SURVEYS\Lega€s\_xh,hits2004\LINDSEYQUITCLAIM 1.doc 5/1012004 2 Luk & Associates Civil.Engineering 399 Taylor Boulevard, Suite 288 Land Planning Pleasant Hill, California 94523 Surveying 925-363-1981 ♦ Fax: 925-363-5185 EXHIBIT "A-2- CANADA VALLEY ROAD RIGHT-OF-WAY DEDICATION A portion of the Northwest Quarter of Section 3, Township 1 North,Range 2 East, Mount Diablo Base and Meridian, situate in the City of Antioch, County of Contra Costa, State of California, also being a portion of the Contra Costa County Flood Control and 'Nater Conservation District (CCCFCWCD)parcel as said parcel is described in the grant deed to said District recorded in Book 15781, Page 966, Official Records of said County, and shown on the Map of Subdivision 8114, Sand Creek Ranch-Unit 1, filed May 24, 2001 in Book 430 of Maps, at Page 41, Contra Costa County Records, said portion more particularly described as follows: COMMENCING at the most southerly southwest corner of Parcel "D" as said parcel is shown on said subdivision asap; thence along the southerly line of said Parcel"D"and the northerly right-of-way line of Lone Tree Way the following three courses; 1) South 88°58'23"East 599.20 feet to the beginning of a curve concave southerly having a radius of 2,055.00 feet, to which point a radial line bears North 01°01'37"East; thence 2) along said curve through a central angle of 01°16'23"an are distance of 45.66 feet; and thence 3) South 87°42'00"East 52.73 feet to the beginning of a curve concave northwesterly having a radius of 30.00 feet;thence leaving said southerly boundary along said curve through a central angle of 91°16'23" an are distance of 47.79 feet; thence North 01°01'37'East a distance of 3 43.10 feet to the beginning of a curve concave easterly having a radius of 1,012.00 feet; thence along said curve through a central angle of 02°25'50" an arc distance of 42.93 feet to a point on the southerly line of said CCCFCWCD parcel, said point being the POINT OF BEGINNING; thence continuing along said curve through a central angle of 00'12'20" an arc distance of 3.63 feet; thence North 03"39'47"East 81.46 feet to a point on the northerly line of said CCCFCWCD parcel; thence along said northerly line the following three courses; 1) South 89°02'20" East 29.59 feet;thence 2)North 00°57'40"East 12.00 feet; and thence 3) South 89°02'20"East 71.08 feet; thence South 03°39'47" West 98.19 feet to the beginning of a curve concave easterly having a radius of 912.00 feet; thence along said curve through a central angle of 01'03'48" an arc distance of 16.93 feet to a point on the southerly line of said CCCFCWCD parcel; thence along said southerly line the following three courses; 1)North 89°02'20" West 65.8' feet; thence 2)North 00°57'40"East 18.00 feet; and thence 3)North 89°02'20" West 33.60 feet to the point of beginning. Containing 0.24 acres (10,549 square feet), more or less. Together with a public utility easement(P.U.E.)being a strip of land 10 feet wide lying contiguous to and westerly of the westerly line of the herein described parcel. The westerly sideline of said strip to lengthen or shorter,so as to terminate on the southerly and northerly lines of said CCCFCWCD parcel. F:\WP\LLCGAL\i990\332520\cccfcwcd.canway;ow.0930903.doc Page 1 2!4/2004 Bearings are used on and identical to the final map of Subdivision 8114, filed in Boob 430 of Maps, at Page 41, Contra Costa County Records. Exhibit"B" attached and by this reference made a point hereof. jDkAND C3' t_CAN Paul Canumay,LS 3272 Expires 06/30/20£ 4 L53272 * � Date: 0 AL CAL This real property description has been prepared by me or under my direction in conformance with the Professional sand Surveyors Act. F:\WP\LEGAL\I990\932520\cccfcwcd.c2nwaycow.0930903.doc Page 2 2/4/2004 EXHIBIT "A73" QUITCLAIM BY CCCFC & WCD PARCEL 1 A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 2 EAST,MOUNT DIABLO MERIDIAN, CITY OF ANTIOCH, CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE MARKING THE NORTHWEST CORNER OF SAID SECTION 3; THENCE, ALONG THE WEST BOUNDARY OF SAID SECTION 3, SOUTH 00°32'55" WEST A DISTANCE OF 1453.72 FEET TO A POINT.AT THE INTERSECTION OF THE WEST BOUNDARY OF SAID SECTION 3 AND THE NORTH:RIGHT-OF-WAY OF COUNTRY HILLS DRIVE; THENCE, ALONG THE WEST BOUNDARY OF SAID SECTION 3, SOUTH 0032'55"WEST A DISTANCE OF 544.09 FEET TO A POINT AT THE INTERSECTION OF THE WEST BOUNDARY OF SAID SECTION 3 AND THE NORTH BOUNDARY OF A PARCEL OF LAND DESCRIBED AS PARCEL 1565.2A IN FINAL JUDGMENT OF CONDEMNATION RECORDED Ds CONTRA COSTA COUNTY RECORDS AT BOOK. 15781 OF OFFICIAL RECORDS ON PAGE 966, SAID POINT BEING THE POINT OF BEGINNING;THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 89°02'20"EAST A DISTANCE OF 946.23 FEET; THENCE LEAVING THE BOUNDARY OF SAID PARCEL 1565.2A., SOUTH 0339'47"WEST A DISTANCE OF 81.46 FEET; THENCE AROUND A 1012.00 FOOT RADIUS CURVE TO THE LEFT AND TANGENT TO THE PREVIOUS COURSE, WITH A CENTRAL ANGLE OF 0°12'20"AND AN ARC LENGTH OF 3.63 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A,NORTH 89002'20"WEST A DISTANCE OF 941.61 FEET TO A POINT ON THE WEST BOUNDARY OF SAID SECTIONT3; THENCE, ALONG THE WEST BOUNDARY OF SAID SECTION 3,NORTH 00®32'55" EAST A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING. CONTAR NG 1.84 ACRES,MORE OR.LESS. S CA LS3272 ;Ll AUL CARUMAY, LS 3272 EXP 6/30/2004 EXPIRES 6/30/2004 �p C BATE: \lserwer3wn\legal\1990\9325-35\ UITCLA,'M CCCFCD\9325-35 OUITCLAIM BY CCCFD PARCEL I.DOC ?age I April 14, 2004 EXHIBIT T "A-4'o QUITCLAIM BY CCCFC & WCD PARCEL 2 A PARCEL OF LA'I'D LOCATED IN THE NORTH HALF OF SECTION 3, TOWI1SHIP 1 NORTH, RANGE 2 EAST, MOUNT DIABLO MERIDiA'v, CITY OF ANTIOCH, CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AINT IRON PIPE MARKING THE NORTHWEST CORNER.OF SAID SECTION 3; THENCE, ALONG THE WEST BOUNDARY OF SAID SECTION 3, SOUTH 00032'55"WEST A DISTANCE OF 1453.72 FEET TO A POINT AT THE INTERSECTION OF THE WEST BOUNDARY OF SAID SECTION 3 AND THE NORTH RIGHT-OF-WAY OF COUNTRY HILLS DRIVE; THENCE,ALONG THE WEST BOUNDARY OF SAID SECTION 3, SOUTH 00°'3255"WEST A DISTANCE OF 544.09 FEET TO A POINT AT THE INTERSECTION OF THE WEST BOUNDARY OF SAID SECTION 3 AND THE NORTH BOUNDARY OF A PARCEL OF LAND DESCRIBED AS PARCEL 1565.2A IN FINAL JUDGMENT OF CONDEMNATION RECORDED IN CONTRA COSTA COUNTY RECORDS AT BOOK 15781 OF OFFICIAL RECORDS ON PAGE 966; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 8902'20"EAST A DISTANCE OF 975.82 FEET; THENCE,ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, NORTH 00.57'40'}EAST A DISTANCE OF 12.00 FEET; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 89002'20"EAST A DISTANCE OF 71.08 FEET TO THE POINT OF BEGINNING; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 89002'20"EAST A DISTANCE OF 178.48 FEET, THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A,AROUND A 561.00 FOOT RADIUS CURVE TO THE RIGHT AND TANGENT TO THE PREVIOUS COURSE WITH A CENTRAL ANGLE OF 3°28'16"AND AN ARC LENGTH OF 33.99 FEET; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 85°34'04" EAST A DISTANCE OF 20.15 FEET; THENCE,ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 04°2556"WEST A DISTANCE OF 14.00 FEET; T HENCE,ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 8534'04"EAST A DISTANCE OF 400.00 FEET; THENCE,ALONG THE NORTH.BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 04°25'56"WEST A DISTANCE OF 2.00 FEET; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 85°34'04"EAST A DISTANCE OF 396.89 FEET, THENCE, LEAVING THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 57012'45" WEST A DISTANCE OF 44.20 FEET; THENCE AROUND A 526.50 FOOT RADIUS CURVE TO THE LEFT WITH THE RADIUS POINT BEARING SOUTH 41017'10" EAST FROM THE BEGINNING OF THIS CURVE, A CENTRAL ANGLE OF 7004'49"AND AN ARC LENGTH OF 65.06 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A;THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A,NORTH 85°34'04" \\server\wplleeai\19909325-35\QUITCLAIM CCCFM9325-35 QIJITCLAW BY CCCFD PARCEL 2 QQC Page I April 14, 2004 WEST A DISTANCE OF 319.26 FEET; THENCE,ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 04025'56"WEST A DISTANCE OF 15.00 FEET; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A,NORTH 85°34'04"WEST A DISTANCE OF 400.00 FEET; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 04°25'56" NEST A DISTANCE OF 8.00 FEET; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A,NORTH 8534'04"WEST A DISTANCE OF 20.15 FEET, THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A, AROUND A 446.00 FOOT RADIUS CURVE TO THE LEFT TANGENT TO THE PREVIOUS COURSE WITH A CENTRAL ANGLE OF 3028'16"AND AN ARC LENGTH OF 27.02 FEET; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A,NORTH 89°02'20"WEST A DISTANCE OF 183.75 FEET; THENCE, LEAVING THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A, AROUND A 912.00 FOOT RADIUS CURVE TO THE RIGHT WITH THE CENTRAL POINT BEARING SOUTH 87024'01"EAST FROM THE BEGINNING OF THIS CURVE,A CENTRAL ANGLE OF 1°03'48"AND AN ARC LENGTH OF 16.93 FEET; THENCE NORTH 03°3947"EAST A DISTANCE OF 98.19 FEET TO THE POINT OF BEGINNING. CONTAIN-ING 2.08 ACRES, MORE OR LESS. EXCEPTING THEREFROM: ANY AND ALL ABUTTER'S RIGHTS OF ACCESS, APPURTENANT TO GRANTOR'S REMAINI NG PROPERTY ALONG THE TWO COURSES DESCRIBED AS: "SOUTH 57°12'45" WEST A DISTANCE OF 44.20 FEET"AND "THENCE.AROUND A 526.50 FOOT RADIUS CURVE TO THE LEFT WITH THE RADIUS POINT BEARING SOUTH 41017'10"EAST FROM THE BEGINNING OF THIS CURVE, A CENTRAL ANGLE OF 07°04'09"AND ANT ARC LENGTH OF 65.06 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A". GAIN I.ANC7 � LS3272 * Exp WO/2044 PAUL,CAN`UMAY, LS 327 ,�- EXPIRES 6/30/2004 �fi op c�.�-�f DATE: 7' s¢rve wp\leeali199019 X25-35QUITCLAIM. CCUM9325-35 C3CJiTCLAIM BY CCCpi7 PARCEL 2.d7t7C Page 2 April 14, 2004 EXHIBIT "B-1 11 i E FLAT TO ACCOMPANY, EXHIBIT "A-1„ --�.SEE DETAIL "A" I � NORTH LINE SEC. 3 T1N, R2E, M.D.M. 28 13 PARCEL C1565.28 430 M 41 V DETAIL "All NOT TO SCALE POINT OF BEGINNING 0 <,, Cud P "K11 K'1 SEE DETAIL `3B3t I �, ��, �`?' POINT OF �� � COMMENCEMENT , 'q `' DETAIL 11131 9 be NOT TO SCALE ACCESS RESTRICTED ca SHEET 1 of 2 Drainage Area 56 Lindsey Channel Z Quitclaim Instrument: Sccle: 1"=200' Cate: IPRIL 04 Drawn Ey: T` ,F ile No.: ------ Series No.: Recorded: Checked By: JS Cad: Acs Rw8419v4.dg, EMIT "B_1 " PLAT TO ACCOMPANY EXHIBIT ''A-1" LINE DATA TABLE No. ; Bearing Length L1 N20° 1,3153"E I 108.00 L2 N180 54'45"E 169.62 L3 N21° 02'17"E ' 168.59 L4 868° 45'09"E 5.00 L5 N72" 58129"W 8.00 L6 S68" 45'09"E 5.00 L7 N64° 31'49"W 3.00 L 8 5270 52'44"W 328083 L9 N620 07'16"W 2.00 i L1C S270 52'44"W 75.64 L11 N62° 07'16"W k 50.00 L121 N270 52'44"E 328.83 L13 N78° 36'16"E 2.08 CURVE DATA TABLE No. Radius Delta Length C1 4019.96 4" 44'281' 332.64 C2 4024.96 4" 13'20'' 296.61 C3 1 4016.96 5° 37'47'' 394.70 C4 2900.22 8° 30'50" 430.96 C5 4099.96 3° 52'49" { 277.66 C6 4104.96 j 4013'20!' 302.50 C7 4101.96 20 24133" ! 172.48 C8 4019.96 10 53'25" 132063 C9 5390.87 1° 02109" 97.46 SHEET 2 of 2 Drainage Area 56 Lindsey Channel Z Quitclaim Instrument 200 1 Scale : Dc'e APRIL 04 : i Drawn By TL File No. --------- Series No. Recorded: I Checked By JS Cady ADJ RW841904.dgn 3N01 _ - r l C~s St. tom '• . tg t ✓t LICr 1 �s 0O1N1RY m111 s OR1W >a VA� �� ; Co cc!cc cr;/ CO:Lo �s Ctc`� C3 �, #�i i�` `�,c.a t``� cc ex;cn �s oz to,;v � �i� -2: C c6 lol ck tiFn i� sv��itsyi�► � �i� Fy � � ��a;''�o €�#� ��+-'.li��c�"'rs� �lz --- i.A ri ic:+�cr:tea to i� err esti e� ry cr+ r,.i ,� ry i� : CP LA F- no ty' tv } cren w � all ec cs o� i y,. eS ii `�+ a t.�1.3 F v' _, fa E i 1 rWs > o{ 3> res C T1 43 N � d h Lrl -10 co Na Z ,° ��' W Recorded at the request of: City of Antioch After recording return to: City of Antioch City Clerk P.O. 'Box 5007 Antioch, CA 84531-5007 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to the City of Antioch the fallowing described real property in the City of Antioch, a municipal corporation of the State of California. FOR DESCRIPTION) SEE EXHIBITS "A-1". "A+2r r "A far, "A-4', AND SHOWN AS EXHIBITS`B-1"7."E-2'; and"E-3"ATTACHED HERETO AND MALE A PART HEREOF. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Date, LAY 25, 2004 By air, Board of Supervisors STATE OF CALIFORNIA COUNTY OF CONTRA COSTA ) Or, M 25, 2004 before me,P.i7A L._ SHARP- Deputy Clerk of the Board of Supervisors, Contra Caste County,personally appeared SLIP. FEDERAL LLQ R who is 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. By: ._ (Seal) "beputy Ierrk V C:\GrpData\RealProp12004-Flies\04a5\DE.04Channel Z Transfer.doc 515/04 C.C.C.F.C. & W.C.D. DA 56 LINDSEY CHANNEL Z Quitclaim Portion of Parcels 1564 & 1565.28 to City of Antioch EXHIBIT "A-1" Real property in the northeast one-quarter of Section 3, Township 1 North, Range 2 East, and the southeast one-quarter of Section 34, Township 2 North, Mange 2 East, Mount Diablo Meridian, situate in the City of Antioch, County of Contra Costa, State of California also being a portion of Parcels 1564 and 1565.28 as described in the "Final Judgment of Condemnation Action in Eminent Domain" in favor of Contra Costa County Flood Control and Water Conservation District recorded April 11,1990 in Book 15781 of Official Records at page 966, and shown on the Map titled "C.C.C.F.C. &W.C.D. DA 56 Lindsey Channel Z",dated March, 1990, drawing No.'s ED-10173 and ED-10174 Contra Costa County Public Works Department records, described as follows: Parcel One® Quitclaim Commencing at "PT. K" as shown on said "C.C.C.F.C. & W.C.D. drawing (ED- 10174); thence north 62007'16" west 50.00 feet to the northwesterly line of said Parcel 1565.28; thence along said northwesterly line north 27052'44" east 328.83 feet to a point on a tangent curve concave to the northwest, a radial from said point bears north 62°07'16"west;thence northeasterly along said curve, having a radius of 4019.96 feet, through a central of 105325", an arc length of 132.63 feet to the Point of Beginning; thence from said Point of Beginning, and along said northwesterly line of Parcel 1565.28, continuing northeasterly along said curve having a radius of 4019.96, through a central angle of 4044'28" an arc distance of 332.64 feet;thence radially south 68045'09"east 5.00 feet to the arc of a concentric curve having a radius of 4024.96 feet; thence northeasterly along said curve, through a central angle of 4°13'20" an arc distance of 296.61 feet; thence radially north 72058'29" west 8.00 feet to the arc of a concentric curve having a radius of 4016.96 feet; thence northeasterly along said curve, through a central angle of 5037'47" an arc distance of 394.70 feet; thence radially south 78036'16" east 2.08 feet to a point on the northwesterly line as described in the "Final Order of Condemnation" in favor of Contra Costa Water District (CCWD), recorded July 17,1995 in series number 95-112548, Contra Costa County records, also being a point on the arc of a non-tangent curve, concave to the west, a radial from said point bears south 89°18'23"west; thence southwesterly along said curve, having a radius of 2900.22 feet, through a central angle of 8030'50", an arc length of 430.96 feet to a point on the southeasterly line of said Parcel 1565.28, also being a point on the arc of a non-tangent curve concave to the west, a radial from said point 1 bears north 72°37'58"_west; thence southwesterly-alc sal l 1oTq curve, having a radius of 4090.96 feet, through a central of 3°52'49", an arc length of 277.66 feet; thence radially south 68°45'09" east 5.00 feet, to the arc of a concentric curve having a radius of 4104.96 feet; thence southeasterly along said curve, through a central angle of 4013'20",an arc distance of 302.50 feet; thence radially north 64°31'49" west 3.00 feet, to the arc of a concentric curve having a radius of 4101.96 feet; thence southeasterly along said curve, through a central angle of 2°24'33", an arc distance of 172.48 feet; thence tangent to said curve, south 27052'44" west 328.83 feet; thence north 62"07'16" west 2.00 feet; thence south 27052'44" west 75.64 feet; thence leaving said southeasterly line of Parcel 1565.2B, north 20°13'53"east 108.00 feet;thence north 1854'45"east 169.62 feet; thence north 2100217"17"east 168.59 feet to a point on a non-tangent curve,concave to the northwest, a radial from said point bears north 74013'42" west; thence northerly along said curve, having a radius of 5390.87 feet, through a central angle of 1°02'09", an arc length of 97.46 feet to the Point of Beginning. Containing an area of 89,101 square feet of land, more or less. EXCEPTING Therefrom any and all abutter's rights of access, appurtenant to grantor's remaining property, more particularly described as the southwesterly four (4) courses of Parcel One (above) crossing Parcel 1565.2B. Bearings are based on the California Coordinate System of 1927 (CCS27),Zone Ill. Distances given are grid distances. To obtain ground distances, multiply distances given by 1.00007320. EXHIBIT E113-1" attached and by reference made a part hereof. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor �, ��''�� Contra Costa County Public Works � ����s A. ���l �F,� /d Date: Exo s/301 * .S F571 C-:\Grpbatal�es#gn\SU�2VYs\Lege#s\ xhEb#ts2004\L#NCISYQU#TCLA#Nt 1.doc � CA;.� C> 5/10/2004 2 Luk & Assoeiates Civil Engineering 399 Taylor Boulevard, Suite 288 Land Planning Pleasant Hill,California 94523 Surveying 925-363-1981 4 Fax: 925-363-5185 EXHIBIT `c .• .•• CANADA VALLEY ROAD RIGHT-OF-WAY DEDICATION A portion of the Northwest Quarter of Section 3, Township 1 North, Range 2 East, Mount Diablo `base and Meridian, situate in the City of Antioch, County of Contra Costa, State of California, also being a portion of the Contra Costa County Flood Control and Water Conservation District (CCCFCWCD)parcel as said parcel is described in the grant deed to said District recorded in Book 15781, Page 966, Official Records of said County, and shown on the Map of Subdivision 8114, Sand Creek Ranch---Unit 1, fled May 24, 2001 in Book 430 of Maps, at Wage 41, Contra Costa County Records, said portion more particularly described as follows. COMMENCING at the most southerly southwest corner of Parcel"D"as said parcel is shown on said subdivision map; thence Tong the southerly line of said Parcel"D" and the northerly right-of-way line of Lone Tree Way the following three courses; 1) South 88°58'23"East 599.20 feet to the beginning of a curve concave southerly having a radius of 2,055.00 feet, to which point a radial line bears Forth 01°01'37"East; thence 2) along said curve through a central angle of 01°16'23" an are distance of 45.66 feet; and thence 3) South 87°42'00" East 52.73 feet to the beginning of a curve concave northwesterly having a radius of 30.00 feet; thence leaving said southerly boundary along said curve through a central angle of 91'16'23" an arc distance of 47.79 feet; thence North 01°01'37"East a distance of 343.10 feet to the beginning of a curve concave easterly having a radius of 1,012.00 feet; thence along said curve through a central angle of 02°25'50" an arc distance of 42.93 feet to a point on the southerly line of said CCCFCWCD parcel, said point being the POINT OF BEGINNING; thence continuing along said curve through a central angle of 00°12'20" an arc distance of 3.63 feet; thence North 03°39'47"East 81..46 feet to a point on the northerly line of said CCCFCWCD parcel; thence along said northerly line the following three courses; 1) South 89°02'20"East 29.59 feet; thence 2) North 00°57'40" East 12.00 feet; and thence 3) South 89°02'20"East 71.08 feet; thence South 0339'47" West 98.19 feet to the beginning of a curve concave easterly having a radius of 912.00 feet; thence along said curve through a central angle of 01'03'48" an arc distance of 16.93 feet to a point on the southerly line of said CCCFCWCD parcel; thence along said southerly line the following three courses; 1)North 89602'20" West 65.81 feet; thence 2)North 00657'40"East 18.00 feet; and thence 3)North 89°02'20"West 33.60 feet to the point of beginning. Containing 0.24 acres (10,549 square feet), more or less. Together with a public utility easement (P.U.E.) being a strip of land 10 feet wide lying contiguous to and westerly of the westerly line of the herein described parcel. The westerly sideline of said strip to lengthen or shorter} so as to terminate on the southerly and northerly lines ofsaid CCCFCWCD parcel. w:\'WP\LEC,AL\9490\932520\cccfewcd.canwayrow.0930403.doc Page 1 2/4/2004 Bearings are base on and identical to the final map of Subdivision 8114, filed in Book 430 of Maps, at Page 41, Contra Costa County Records. Exhibit"B" attached and by this reference made a point hereof. ��giANI) CANU�s �D Paul Cana�nay, LS 3272 Expires 06/30/2004 Ls3272 _, * Exp. n fir+ # Date: �- ' � F WO This real property description has been prepared by me or ander my direction in conformance with the Professional Land Surveyors.Act. P:\WP\LEGAL\l99O\9325203\cccf wcd.canwayrow.O93O9O3.dac page 2 2/4/2004 EXHIBIT "A-3" QUITCLAIM BY CCCFC &WCD PARCEL 1 A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 2 EAST, MOU'L'T DIABLO MERIDIAN, CITY OF ANTIOCH, CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT AN IRON PIPE MARKING THE NORTHWEST CORNER.OF SAID SECTION 3; THENCE, ALONG THE WEST BOUNDARY OF SAID SECTION 3, SOUTH 0032'55"WEST A DISTANCE OF 1453.72 FEET TO A POINT AT THE INTERSECTION OF THE WEST BOUNDARY OF SAID SECTION 3 AND THE NORTH RIGHT-OF-WAY OF COUNTRY HILLS DRIVE; THENCE, ALONG THE WEST BOUNDARY OF SAID SECTION 3, SOUTH 00032'55" WEST A DISTANCE OF 544.09 FEET TO A POINT AT THE INTERSECTION OF THE WEST BOUNDARY OF SAID SECTION 3 AND THE NORTH BOUNDARY OF A PARCEL OF LAND DESCRIBED AS PARCEL 1565.2A IN FINAL JUDGMENT OF CONDEMNATION RECORDED IN CONTRA COSTA COUNTY RECORDS AT BOOK 15781 OF OFFICIAL RECONS ON PAGE 966, SAID POINT BEII�IG THE POINT OF BEGINNING; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 89"02'20" EAST A DISTANCE OF 946.23 FEET; THENCE LEAVING THE BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 03039'47" WEST A DISTANCE OF 81.46 FEET; THENCE AROUND A 1012.00 FOOT RADIUS CURVE TO THE LEFT AND TANGENT TO THE PREVIOUS COURSE, WITH A CENTRAL ANGLE. OF 0°12'20"AND AN ARC LENGTH OF 3.53 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A,NORTH 89002'20"WEST A DISTANCE OF 941.61 FEET TO A POINT ON THE WEST BOUNDARY OF SAID SECTION 3; THENCE,ALONG THE WEST BOUNDARY OF SAID SECTION 3, NORTH 0032'55"EAST A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.84 ACRES,MORE OR LESS. -AN l %, ( U Q t -� LS3272 ' AUL CA AY, LS 3272 EXP 6/3012004 *J EMPIRES 5/30/2004 DATE; \\server\wp\esai\l990\9325-35 UITCLAIM CCCFCM9325-35 QUITCLAIM BY CCCFD PARCEL DOC Page 1 April.14, 2004 EXHIBIT "A-4yy QUITCLAIM BY CCCFC &WCD PARCEL A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 2 EAST,MOUNT DIABLO MERIDIAN, CITY OF ANTIOCH, CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE MARKING THE NORTHWEST CORNER OF SAID SECTION 3; THENCE, ALONG THE WEST BOUNDARY OF SAID SECTION 3, SOUTH 00032'55"WEST A DISTANCE OF 1453.72 FEET TO A POINT AT THE INTERSECTION OF THE WEST BOUNDARY OF SAID SECTION 3 ANDTHE NORTH RIGHT-OF-WAY OF COUNTRY HILLS DRIVE; THENCE, ALONG THE WEST BOUNDARY OF SAID SECTION 3, SOUTH 00032'55" WEST A DISTANCE OF 544.09 FEET TO A POINT AT THE INTERSECTION OF THE WEST BOUNDARY OF SAID SECTION 3 AND THE NORTH BOUNDARY OF A PARCEL OF LAND DESCRIBED AS PARCEL 1565.2A IN FINAL JUDGMENT OF CONDEMNATION RECORDED IN CONTRA COSTA COL INITY RECORDS AT BOOK 15781 OF OFFICIAL RECORDS ON'PAGE 966; THENCE, ALONGTHE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 89-02'20"EAST A DISTANCE OF 975.82 FEET; THENCE,ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A,NORTH 00-57'40"EAST A DISTANCE OF 12.00 FEET; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 89"02'20"EAST A DISTANCE OF 71.08 FEET TO THE POINT OF BEGINNING; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 89002'20"EAST A DISTANCE OF 178.48 FEET;THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, AROUND A 561.00 FOOT RADIUS CURVE TO THE RIGHT AND TANGENT TO THE PREVIOUS COURSE WITH A CENTRAL ANGLE OF 3028'16"AND AN ARC LENGTH OF 33.99 FEET; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 85034'04" EAST A DISTANCE OF 20.15 FEET;THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 04025'56"WEST A DISTANCE OF 14.00 FEET; THENCE,ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 85034'04"EAST A DISTANCE OF 400.00 FEET; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 04-2556"WEST A DISTANCE OF 2.00 FEET; THENCE, ALONG THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 85-34'04"EAST A DISTANCE OF 396.89 FEET; THENCE, LEAVING THE NORTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 57012'45" WEST A DISTANCE OF 44.20 FEET; THENCE AROUND A 526.50 FOOT RADIUS CURVE TO THE LEFT WITH THE RADIUS PONT BEARING SOUTH 41017'10"EAST FROM THE BEGINNING OF THIS CURVE, A CENTRAL ANGLE OF 7"04'49"AND AN ARC LENGTH OF 65.06 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A,NORTH 85034'04" \\scrver\wRLeggal-\1990\99325-35\OUITCLAIM CCCFCD\9325-35 QUITCLAIM BY CCCFD PARCEL 2,DOC Page I April 14, 2004 WEST A DISTANCE OF 319.26 FEET, THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 04.25'56"`NEST A DISTANCE OF 15.00 FEET; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A, NORTH 8534'04"WEST A DISTANCE OF 400.00 FEET; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A, SOUTH 04025'56" NEST A DISTANCE OF 8.00 FEET; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A,NORTH 85034'04"NEST A DISTANCE OF 20.15 FEET, THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A, AROUND A 446.00 FOOT RADIUS CURVE TO THE LEFT TANGENT TO THE PREVIOUS COURSE WITH A CENTRAL ANGLE OF 3028'16"AND AN ARC LENGTH OF 27.02 FEET; THENCE, ALONG THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A, NORTH 89°02'20"WEST A DISTANCE OF 183.75 FEET; THENCE, LEAVING THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A, AROUND A 912.00 FOOT RADIUS CURVE TO THE RIGHT WITH:THE CENTRAL POINT BEARING SOUTH 87°24'01"EAST FROM THE BEGINNING OF THIS CURVE, A CENTRAL ANGLE OF 1°03'48"AND AN ARC LENGTH OF 16.93 FEET, THENCE NORTH 03©39'47"EAST A DISTANCE OF 98.19 FEET TO THE POINT OF BEGINNING. CONTAINING 2.08 ACRES, MORE OR LESS. EXCEPTING THEREFROM: ANS'AND ALL ABUTTER'S RIGHTS OF ACCESS, APPURTENANT TO GRANTOR'S REMAINING PROPERTY ALONG THE TWO COURSES DESCRIBED AS. "SOUTH 57°12'45" WEST A DISTANCE OF 44.20 FEET"AND "THENCE AROUND A 526.50 FOOT RADIUS CURVE TO THE LEFT WITH THE RADIUS POINT BEARING SOUTH 41017'10"EAST FROM THE BEGINNI'NG OF THIS CURVE, A CENTRAL ANGLE OF 07004'09"AND AN ARC LENGTH OF 65.06 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PARCEL 1565.2A". �S -CAN n LS3272 i EXE'613012004 * ` PAUL CANUMAY, LS 327 EXPIR-ES 6/30/2004 BATE; -ice -Z:�',4 \\server�EMlegal1199Q7 9325-35\QUITCLAIM CCQFQQ\9325-35 QUITCLAIM BY CCCFD PARCEL IDOC Page 2 April 14, 2004 EXHIBIT "B-1 FLAT TO—ACCOMPANY NIBIT SEE DETAIL 13 All NORTH LINE SEC. 3 T1N, R2E, M.D.M. IV- gg� L13 -� PARCEL C v� 430 M 41 V DETAIL ''All NOT TO SCALE POINT OF BEGINNING ' C) huh SEE DETAIL E3Di1 , �� ` ` POINT F C, COMMENCE MENT %* � , ,ca D-TAIL 91B11 be NOT T O SCALE ACCESS RESTRICTED S Hr—E T 1 0 1 2 Drainage Area 56 Lindsey Channel Z Quitclaim Instrument: Scale: 1"=200' bote: APRIL 04 Drawn By: TL lFi e No.: ------ Series Nc . Recorded Checked By: JS !Cad.- ADv Rw841904.dgn EXHIBIT "B-1 t LINE DATA TABLE No. Bearing Length L1 N200 13'53"E 1C}8.00 L2 N180 54'43"E 16962 L3 i N21° 02'17"E 168.59 L4 S68" 45'09"E 5.90 L5 N72° 58'29;'W 5.00 L6 S68° 45'09"E ' 5.00 3 L7 N64° 31'49"W 3 3.00 L8S270 52'44"W 328.83 { L9 N620 07116"W 2.00 i L10! S27° 52'44"W 75.54 L11 ? N62° 07'16"W 50.00 L12 N270 52144"E 328.83 L13 N78° 3616"E 2.03 CURVE DATA TABLE No, Radius Deltas I Length C1 4019.96 4� 44'28" 332.64 j C2 4024.96 ( 40 13'20" ( 295.61 C3 4016.96 5° 37'47;' 394.70 I C4 2900.22 80330'50" 430.96 C5 4099.96 30 52'49" 277.66 C6 41:04.95 4° 13'20" 302.50 C7 1 4101.96 20 24'33" 172.45 I C8 401996 1° 53'25" 132.63 I C9 5390.87 1° 4209" 97.46 SHEET 2 0f 2 Drainage Area 56 Lindsey Channel Z Quitclaim Instrument Sole 1:200 ! Dote APRIL 04 Drown By TL Pile No- --------- Series No. Recorded: Checked By JS Cad: AN RW8419d4.dgn E AVhf 33YI 3VO7 r-- i t+� tss a cj� E; �� 70 < S r*ii ns` `y cy L70 � �.C7` U?t �•:+LS�Z JU!i f �i6 R ONINRal/3® a YI Ylfri E_ zn ' I (803 W COLgf) } V �-. � `� -- �7 i j i 1 s FIT- E ° i s�E E j 'r—i[a r� .— �i� � r'r err—,— ri E 1 } cxs`; j tis' w ry .;t� u oc �s Cn P cl t a 3 J f �' c.a i a i .3ca i r ices ` zz c� :C4 Pip ao it7 tD;� trs:�V �1► � w ?.7:` W 1 ccs;� cn��ir� � �i� �`� �i� cr. I crs cn00 g 5 Ez 'y, crr jcr to crs j m et Nv!� era to tag; N cJ ,ICW tea ha i o i s� psi irm, : Er*i rri i m j rPi rnr i - L4 t7 i C7 �� r :. iry j ?i�sr�i car+ w 4�1 Ste, cn jt g NO; 12 CD p m aL j a •4m � 1� V,z NZ r W r, y C n QD CA ' 0. t Cy _ �. g2 c # T TO: BOARD OF SUPERVISORS,AS GOVERNNL' G BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND NATER CONSERVATION DISTRICT FROM: MAL-RICE M. SHIU, CHIEF ENGINEER DATE: May 25, 2004 SUBJECT: APPROVE and AUTHORIZE the Chief Engineer,Flood Control and Mater Conservation District, or designee, to execute a contract with William Self Associates, Inc. in the amount of$110,000 to provide Archaeology Assessment,Mitigation and Construction Monitoring consulting services for the Rossmoor Basin Expansion project, for the period May 1, 2004 through December 31, 2005, Central County area. (25%, City of Walnut Creek and 75%, :Drainage Area 67/Rossmoor Basin Funds) (District II) Project No. 7539-6138484 Specific Request(s)or Recommendation(s)&Background&Justification I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, to execute a contract with William Self Associates, Inc. in the amount of$110,000 to provide°. Archaeology Assessment, Mitigation and Construction Monitoring consulting services for the Rossmoor Basin Expansion project, for the period May 1, 2004 through December 31, 2005, Central County area. II. FISCAL IMPACT: The estimated project cost is $110,000 funded by City of Walnut Creek (25%) and Drainage Area 67/Rossmoor Basin Funds (75%). F Continued on Attachment: Y SIGNATURE: -'RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ROVE —OTHER SIGNATURE(S)4 - ACTION OF BP/Al BP/AlON YAY 25, 2004 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct xx UNANIMOUS(ABSENT NONE ) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: shown. of the Board of Supervisors on the date shown. TT: o:\Grp-ata\Engsvc\ENVIRO\BO\2004\ 2S 2004 (05-25-04)CSA-W:Iliarn Self Assoc(Arch-mit-mon).doc ATTESTED: ftY Orig.Div:Public Works(Environmental) JOHN SWEETEN, Clerk of the Board of Contact: L.Chavez(313-2235) Supervisors and County Administrator cc: E.Kuevor,County Administrator Auditor-Controller K.Ernigh-FC T.Torres-Environmental By ,Deputy SUBJECT: APPROVE and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District, or designee, to execute a contract with William Self Associates, hie. in the amount of$110,000 to provide Archaeology Assessment,Mitigation and Construction Monitoring consulting services for the R.ossmoor Basin Expansion project, for the period May 1, 2004 through December 31, 2005, Central County area. (25%, City of Walnut Creek and 75%, Drainage Area 67/Rossmoor Basin Funds) (District 11)Project No. 7539-6D8484. DATE: May 25, 2004 PAGE: 2 III. REASONS FOR RECOMMENDATION/BACKGROUND: The Consulting Service Agreement is needed to assist Public Works Department staff with specialized archaeological assessment, mitigation and construction monitoring for the Rossmoor Basin Expansion project. Contra Costa County Flood Control and Water Conservation District conducted outreach and chose William Self Associates, Inc., a small business enterprise, as the most qualified firm. IV. CQNSEOUENCES OF NEGATIVE ACTION. If the Consulting Service Agreement is not approved, the County will not complete the archaeological assessment, mitigation and construction monitoring in a timely manner causing potential delays in project implementation. CONSULTING SERVICES AGREEMENT 1. Special Conditions. These Special Conditions are incorporated bele by reference. (a) Public Agency: Contra Costa County Public Works Department (b) Consultant's Name & Address: William Self Associates Inc. P.Q. BOX 21.92 A 6Id Avenida de Qrinda Qrinda CA 94563 {c) Proiect Name, Number, & Location: DA 671Rossmoor Basin Expansion LArchaeological Assessment-Mitigation and Construction Monitoring Pro„j, No. 7539.6 }8484 East Countv (d) Effective Cate: May 1. 2004 (e) Payment Limit(s): X 0,000.00 (f) Completion Date(s): December 31 2005 - 2. Si ,attres.These signatures attest the parties' agreement hereto: PUBLIC AGENCY CONSULTANT By: Maurice M. Shiu Public Forks Directors By: Chief Engineer, or Designee (Deslanate official capacity in the business Type of Business: (sole proprietorship,government agency,partnership,corporation,etc.) ;—(D-Jign�ate a ' , State of incorporation: �+'r By: C cid,,; ,� {•� il'Icial capaci 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 beard, president, or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer, or assistant treasurer. (Civ. Code, Sec. 11903 and Corps. Code. Sec. 313.) The acknowledgment below trust be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ) y 60 �',�tPAss.7"�.. Court of On the date written below,before me,the undersigned Notary Public, personally appeared the persono)signing above for Consu€cant, personally known to me (or proved to me on the basis of satisfacto v€dence) to be the person wh e name is are subscribed to the within instrument and acknowledged tome th the she/they executed the same i his herftheir �ithorized ca and that by�er/their signature(t)on the Ins ument the person( j, or the e, s.y upon behalf of which the per n(a}acted, exec ed the instrument. 'ell€TNESS my hand and official sea€. Dated: Al k, A,-I.c'y CYNTHIA 7K,- SABACornm.ission452 Nota P b€ic (Notary's Seal) � �`a Notary Public - Callfc mks C:cnfrc Costa Crsun}+ PtEy E-c,ntrn.Egos 1 88 n 5 (Page 1 of 1 0) G:\GrpU'ata\EngSvc\ENVtRO\CSA's\2004VF greements\William Self Assoc(Rossmoor).doc 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. . 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 ail 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.$1,000,000.00 and a maximum deductible of$ s 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 C"ooud ntv,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. 6. 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. I(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. E 0. 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. l i, 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 leastfive 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 1 0) G:\CrpData\EngSvc\ENVIRO\CSA's\2004\Agreements\Wiiiiam Self Assoc(Rossmoor).doc 2, Documentation, Consultant shall prepare and deliver to Public Agency at no additional charge, the items described in Appendbc 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. {ownership of Documents. All materials and records of a finished nature, such as final plans, specifications,reports,and maps, prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency,All materials of a preliminary nature,such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work.Any work or services in addition to the work or services described inAppendixA shall be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15, Payment Retention. Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the fulfillment of this Agreement. After the Consultant has completed all work under this Agreement, submitted final billing, and the Public Agency has found the work to be accurate, the Public Agency will pay ail withheld funds. Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.A retention will not be withheld for any"on-call" work. 16. Termination by Public Agency. At its option, Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant, whether or not Consultant is then in default. Upon such termination, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay,' deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration.Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394. 19. CommencewithLaws. In performing this Agreement, Consultant shall comply with all: applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. (Page 3 of 10) G:\Cx-pData\F,,,igSvc\!-:NVIRO\CSA's\2004\Agreemerits\Wil',iam Self Assoc(Rossmoor).doc 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 AppendrxA prior to delivering them to Public Agency,and where appropriate, indicate his/her registration number. 23. Patents and Cggyrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement. Public Agency reserves a license to use such materials and records without restriction or limitation,and Public Agency shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or otherwise. 24. indemnification. Consultant shall indemnify,defend,save,protect,and hold harmless Public Agency, its governing body,officers,employees,representatives,and agents("Indemnitees")from any and all demands, losses, claims, costs, suits, liabilities, and expenses for any damage, injury, or death (collectively Liability") arising directly or indirectly from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Consultant; its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys'fees and costs,the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however,that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the Public Agency, its governing body, officers, or employees. This indemnification clause shall survive the termination or expiration of this Agreement. 25. Heirs, Successors and Assigns_. Except as provided otherwise in Section 20 above, this Agreement shall inure to the benefit of and bind the heirs,successors,executors, personal representatives,and assigns of the parties. 25. 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. (Wage 4 of 10) G:\GrpData\EngSvc\HNVIROICSA`s\2004\Agreernens\Wiiiiam Self Assoc(Rossm000pdoc 27. Prolect 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 (3€3) 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 Entercrise(DBE)Renu€rements(Federal aid oroiects onl�l. Consultant shall comply with all applicable provisions of 49 CFR, Parts 23 and 28, 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 small pay to the listed DBEs the estimated amounts listed in Appendix B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance,written consent of the Public Agency. 1-1 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 projects 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 EMB 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 (11/00 (rage 5 of 10) 0:1GrpData\ErtgSvc\ENVIRO\CSA"s\20041Agreements\William Self Assoc(Rossmoor).doc APPENDIX A, DA 67 !Rossmoor Basin Expansion Project Archaeological StudiesMitigation and Construction Monitoring Prof. No. 7589•6D8484 PROJECT DESCRIPTION This Consulting Services Agreement (Agreement) is to provide consulting services regarding environmental assessment and compliance for the DA 67 l Rossmoor Basin Expansion project. The Agreement is between William. Self Associates, Inc. (WI A) and Contra Costa County (County). Preliminary Scope William.Self Associates,Inc. (WSA)proposes to conduct extended archaeological testing and construction. monitoring in support of the Rossmoor Basin Expansion Project in Walnut Creek, California. The work would be done under contract to the Contra Costa County Public Works Department Previous archaeological investigation in the project area indicates the presence of deeply buried human remains and other cultural manifestations of prehistoric land use;the site component appears to be eligible for listing on the California Register of Historic Resources,and avoidance of the resource is not feasible given.the Need for the enlargement of the basin for flood control purposes. WSA would continue test excavation and burial removal in two designated areas identified by Chavez(2004;Figure 4)to both remove intact hamar;remains, and to identify through mechanical and manual excavations the type and extent of the cultural, deposit existing in the proposed basin area. The work would be done in accordance with an Archaeological Monitoring and Data Recovery Plan,to be prepared by WSA,containing a Research Design that would guide the work and subsequent analyses of the remains to meet current research goals in the Bay region.. The human remains would be excavated, analyzed, and re-interred in accordance with the wishes of the Most Likely Descendent,Ramona Caribay. Records WSA will request from.the Northwest Info Center copies of the associated site records and reports(from.D. Fredrickson,R.Peron,Bard,Busby,et al.)for the previous work conducted on the site(excluding the Chavez reports provided by Public Works) to ensure that we have all available data on the site before beginning m tigation work(If Public Works can provide these records from David Chavez we wont need to purchase them from NIC). Preparation of Archaeological Monitoring and Data Recovery Plan WSA will prepare ar?Archeological Monitoring and Data Recovery Plan(AMDRP) that will., at a minimum., describe the following: • the characteristics and physical location of the known cultural resources in the project area(using existing information only); • the required Archeological and Historic Resources Mitigation Measures; • the minimum training and experience required for onsite archeological monitors; • the construction activities and locations likely to warrant onsite rnordtoring; • the methods to be used during construction monitoring,including criteria for artifact collection,sit l,ations necessitating work stoppage or redirection,evaluation of resources discovered during construction,and daily record keeping; • the approach and methods to be used during required archeological data recovery for burial remains and non-burial deposits(subject to MLD approval for burials) • OSHA protective measures to be followed when working in excavations and around heavy equipment; • the protocol to be followed in the event significant archeological resources are discovered during construction; (Page a of 10) G:\Grl3Data\EngSvc\ENV'RG\CSA's\20041,kgreemers\Wrliixm Self Assoc(Rossmoor).doc ��. sign Pro' APPENDIX A DA 67 /Rossmoor Basin Expan ect- 3 Ambaeological Studies,Alfltigation and Construction Monitoring Prof. No. 7539-6D8484 • the protocol to be followed in the event that unexpected archeological remains are found at a time when archeological monitors are not present, • protective or security measures to protect the site during off-work hours, • methods of cataloging, analysis, preparation for curation, and curation of artifacts recovered daring monitoring,testing,or data recovery(subject to MLD approval for burials and grave-goods);and • Reporting requirements for data recovery and monitoring. Pre-construction Training In addition to the AMDRP,it is anticipated that WSA will prepare and present a brief pre-construction training session for construction personnel to discuss the need for and implementation of a cultural resources monitoring and mitigation program.. Although the construction personnel will be made aware of the ramifications of vandalizing or removing significant remains from the project area, it is desirable to have a cooperative work environment where construction personnel take a proactive role in assisting with the preservation of cultural resources by reporting finds to the monitor or construction supervisor. Expanded Archaeological Test Excavations WSA will conduct additional test excavations in the two "mitigation areas" identified by Chavez (2004; Figure`l)to recover human remains found during previous test excavations and to characterize the cultural deposit using archaeological excavation and analysis sufficiently to adequately characterize the cultural deposit in the site. It may be possible that this expanded test excavation will be sufficient to consider loss of the resource a less-than.-significant impact under the California Environmental Quality Act guidelines;if not, additional excavation would have to occur under a contract amendment with Public 'Works. Prior to conducting the work,it will be necessary for Public Works to 'strip' the two areas to remove sterile soils, approximately 25 x 50 feet and 15 x 30 feet in size, and slope the banks for safe access. Up to 6 feet of potentially sterile (non-cultural) soils exist on top of each cultural component, and mechanical removal of that soil will not only expedite the mitigation work,but will permit archaeologists to work in OSHA-safe conditions in shallow excavations. WSA would monitor striping of this soil to ensure that it does not contain unidentified cultural materials. Use of a backhoe will also be warranted during some aspects of the expanded test excavations to assist in opening larger areas for examination. Any discovered features or burials would be excavated by hand,using picks,shovels,trowels,brushes,and similar archaeological tools. All manually excavated soil (and a sample of mechanically-excavated soil' will be screened through 1/4" and/or 1/8" mesh to recover cultural items and human remains for recording and analysis. The work will follow standard archaeological techniques in terms of methodology, recording,analysis, and reporting. Analysis and Curation of Recovered Artifacts Artifacts collected during expanded testing or construction monitoring will be returned to the WSA laboratory in Orinda for artifact inventory,preservation.,cataloguing and analysis(of both historic(if any'and prehistoric resources),utilizing comparative collections of artifacts and plant and animal remains at both U.C.Berkeley and Cal State Hayward. WSA will also utilize available technical services,including obsidian hydration analysis,X- ray fluorescence,ethnobotanical studies,carbon-14 analyses,and others as necessary to complete the analysis and characterization of the deposit insofar as the AMDRP Research Design is concerned. It is presumed that "burials and grave-goods will be returned to the NFLD for pinnal disposition(reburial,provably near the location of the site if possible'. Nor grave goods will be either reburied along with the MLD materials,or can be curated at a recognized museum.facility(the only such facility now accepting collections that WSA has recently used is in either Sar}Bernardino or San Diego'. Gage 7 of 1 0) G:1GrpDasa\Eng$vclENViRO\CSA's120041Agreements\Wiliiam Self Assoc(Rossmoor).doc APPENDIX A DA 67/Rossmoor Basin Expansion Project- Archaeological S"tudies,Mitigation and Construction Monitoring 'p. No. 7539-6D8484 Construction Monitoring During construction in the sensitive area(s), WSA would use staff archaeologists experienced inmonitoring through prehistoric burial deposits. An on-site screening station may be established in an out-of-the-way area to screen small amounts of excavated soil from varying depths as a means of recovering artifacts from those parts of the site. In the event that potentially significant cultural deposits are discovered during construction, an evaluation of the resource will be made, and if found significant, Public Works would be notified, and recovery of the feature would be implemented based on the methods described in the AMDRP. All significant artifacts recovered during the project will be cleaned, cataloged, analyzed, and prepared and submitted for curation or reburial as required,and a technical report prepared describing the results of the monitoring,artifact analysis,and historic or prehistoric archaeology of the project parcel. Reporting Requirements Upon completion of artifact analysis and external scientific studies (radiocarbon dating, obsidian hydration dating,floral and faunal analysis,etc.),a thorough technical report of findings will be prepared.. he final report on the project,required under CEQA, is the only mechanism for presentation and discussion of the results of the excavation and analysis,and it is from this report that all information on the culture history(age,cultural affiliation,use,subsistence practices,habitation,skeletal information,etc.)is presented not only to the public but the scientific community. This site,based on information contained in Chavez 2004,may date from about 1.800 to 2000 years before present. Site CCO-303,adjacent to the proposed basin,is a much younger site(about 400 years old), suggesting that the component to be examined for the proposed basin may yield additional information of great value in understanding the prehistory of this part of Contra Costa County and the bay Area. The report will incorporate a discussion of the scope and location of test excavations and any data recovery,as well as monitoring,methodology and results,and tables and illustrations resulting from artifact analysis. The Research Questions posed in the AMDRP will be discussed and data presented to address those topics that are pertinent. The report will conform to Federal guidelines,and formats as recommended in Archaeological Resource .Management Reports( RJWR):Recommended Contents and Format(Cal/OHIO 1989). The report will be submitted to Contra Costa County for review and comment. The final report will be seat to the MLD and the Northwest Information Center at Sonoma State University as required for use by local and regional archaeological researchers. (Page£of 90) G:%GrpData\EngSvc\ENVIRO\OSA's12004\A.greements\William Self Assoc(Rossmoor).doc APPENDIX B Professional Services Payment/Rates In order to be compensated,please provide the following information: Job Title Rate-per hour Principal $,L2O . 00 Associate 111 $85 . 00 Associate 11 $75 . 00 Associate 1 $55 . O Technician $45 . 00 Clerical/Word Processing $45 . 00 Reimbursables: In order to be compensated,please provide the following information: Mileage: (not to exceed$0.37/mile) Parking and Toll,if applicable (attach documentation) Photo Copy Chargee (attach documentation) Incidental Direct Charge (attach documentation) Administrative Costs @ 50/0 (Page s of 10) G:\GrpData\EngSvc\ENVIRO\CSA`s\2004\Agreemcnts\Wiiliam Selo`Assoc(Rossmoor).dce 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 Job Title William Self Principal James Allan Principal p Allen Estes Associate lli I Heather Price i Associate 1l1 Kyle Brown ° Associate 11 Leigh Martin Associate 11 Kyle Kearney Associate 11 y Eric Strother Associate 11 Stephanie Perez ! Associate 11 ! Jenni Price Associate l Adam Marlow Associate 1 Tom Young Associate l Trevor Self ! Technician (Page 10 of 10) G:\GroData\EngSvc\ENVIRO\CSNs120041Agreements\William Self Assoc(Rossmoor).doc ................. . ..................................... ......................................................................... . ........................................... ......... ......... ..... ...................................... ........................................................................ ............................................. ....................................................................................... ............................................................................................. ............................................................................._____. . .........................................................................______. . CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT �� State of � It s OPTIONAL SECTION County of 1 CAPACITY CLAIMED BY SIGNER s Though statute does not require the Notary to fill its oefore rne, > i TE r NA ITLE OF OFFFCER E.G,"JANE DOE,NOTARY PUBLIC' the data below,doing so may prove invaluable to persons relying on the document. personally appearedNAME(S)OF SIGNuR(S) I ❑ INDIVIDUAL i % f CORPORATE OF FICER(S) personally`lmown to me-OR-�j/proved to me on the basis of satisfactory evidence f d7rr�s"AP-7— be dg7- be the person�j whose nam is/re TITLE(s) bscribed to the within ins m nt and CYNTHIA K. SABAIme klsowied�o me tha he be/they executed ❑ PARTNER(S) ❑ LIMITED Cornmission#Y 12 7952 same i t er/their authorized ❑ GENERAL < cpacity(i ),and that by t /their ;glory Public-Coli'mm a ar ❑ ATTORNEY-IN-FACT atur a)on the mstru: nt the persontA)or ❑ TRUSTIES(S) Contra Costa *aunty e entity pan behalf of which the person(�j I Icy Comrn.Bores AFx'T 8,�5 ted.,executed the instrument. ❑ GUARDIAN/CONSERVATOR ; 34 ❑ OTHER.: ;!! l ITNESS my hand jLnd official seal 3 SIGNER IS REPRESENTING: {NANMOFPERSONS)ORENT—Y(IBS)) ;l �Eirl SIGNATURE OF NOTARY 3 CAI, t�te[a. &e 3 OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document E TO THE DOCUMENT AT RIGHT. Number of Pages EThough the data below isnot required by law,it may prove valuable Date of Document j E to persons relying on the document and could prevent fraudulent Signers)Other Tbar Named Above E; 'sl I `! re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. IT, SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Si&ring party must be either a general partner or be authorized in writing to have the authority to sign for and`oind the partnership, IV. SIGNATURES FOR CORPORATIONS Documents shot e signs y two officers, one from each of the following two groups: GROUP 1. a The Chair of the Board t The President c Any Vice-President GROUP 2, aThe Secretary b An Assistant Secretary c The Chief Financial Officer d,The Assistant Treasurer If signatures of officers froin each of the above two Groups do not appear on the instiument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." X mw G\GrpDztalEngSva\LrWIRO\CSA'sNFor`wt Con,.ruct docs(CSA-Amend-SAs)\NOTARY-ALL PURPOS6.doc Rcv.August 1,2001 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF THE BLACKHAWK GEOLOGICAL HAZARD ABATEMENT DISTRICT FROMi MAURICE M. SHIU,PUBLIC WORKS DIRECTOR HATE: May 259 2004 SUB3ECT: ACCEPT the 2°d (quarter Expense Report and the Revised Budget Funds Distribution for the 2003/2004 Fiscal Year,Blackhawk GHAD,Danville Area. (County Service Area M-23 Funds) (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTII'ICATION I. Recommended Action. ACCEPT the 2'd Quarter Expense Report and the Revised Budget Funds Distribution for the 2003/2004 Fiscal Year, as recommended by the CHAD Manager Richard Short, Kleinfelder, Inc., Blackhawk Geologic .Lazard Abatement District(CHAD),Danville Area. II. iscallmnacto There is no impact on the Countyt�rl� d. The Blackhawk CHAD is funded through revenues generated by County Service Area M-23 (C A M-23). Continued on Attachment:X SIGNATURE: , RECOMMENDATION OF BOARD COMMITTEE �, PROVE OTHER SIGNATURE S): ACTION OF BCCA ON MAY 25, 2004 APPROVED AS RECOMMENDED XX OTHER x VOTE OF SUPERVISORS xx UNANIMOUS{ABSENT _) AYES: NOES: I hereby certify that this is a true and correct copy of an action ABSENT ABSTAIN: taken and entered on the minutes of the Board of Supervisors on the date shown. EW:cmrn MAY 25, 2004 G:\GrpData\SpDist\Board OrdersWeinfelder CHAD HO 2004\05-25-04 BO 2nd qtr Expense ATTESTED: Repor>.s.doc JOHN SWEETEN,Clerk of the Board of Supervisors and Contaev Eric Whan (31.3-2242) County Administrator M. County Administrator Assessor Auditor-Controller e Community Development D County Counsel Deputy D.Morabe,Special.Districts SUBJECT: ACCEPT the 211" Quarter Expense Report and the Revised Budget Funds Distribution for the 2003/2004 Fiscal Year,Blac'xhawlK GIIAD,Danville Area. HATE: May 25, 2004 WAGE: 2 III. Reasons for Recommendations and Bail round: The GHAD is rewired to submit quarterly expense reports for the Boards review and approval. Total expenditures for the 2nd Quarter were $485,251.72. The casts for Major Projects is less than expected,however, the Preventative Maintenance and Test Fill costs are greater than budgeted. It is recor�mended that the budget for Major Projects, Preventative Maintenance and Special Projects be revised by reducing Major Projects by $115,004 and adding$100,000 to Preventative Maintenance and$15,000 to Special Projects. The attached report details expenditures by the District under four major budget categories w- Major Repair projects, Preventative Maintenance and Operations Program, Special Projects Program and Administration. IV. Consequences of Neyative Action. The quarterly expense report for CHAD operations will not be available to residents and others with an interest in the District. SECOND QUARTER EXPENSE REPORT FY 2003-2004 May 5, 2004 Blackhawk GHAD Board of Directors Contra Costa County Board of Supervisors c/o Eric Whan, GHAD Liaison 255 Glacier Drive Martinez, CA 94553-4897 SUBJECT: Second Quarter GHAD Expense Report, FY 2003-2004 Ladies and Gentlemen: Attached is the Blackhawk CHAD expense summary for the second quarter operations for the Fiscal Year 2003/2004. The major project activities during this quarter included the completion of the slide repair located at 923/929 Eagle Ridge Drive and slope stabilization and drainage improvements at 59 Chestnut. Extensive preventive maintenance was performed on the common slopes including drain cleanup and winterization. The construction cost of the 923/929 Eagle Ridge slide repair carne in significantly less than expected, however, expenditures required for preventive maintenance significantly increased. Additionally, the anticipated cost of the test fill program will be greater than originally budgeted. Consequently, a budget revision is proposed. The revised budget transfers $100,000 from Major Projects to Preventive Maintenance and $15,000 from Major Projects to Special Projects. The Reserve Study was completed and submitted to the Board and the review process continued for the Plan of Control. The attached expense summary report is followed by a detailed breakdown and a backup invoice summary. Very truly yours, Blackhawk Geologic Hazard Abatement District Richard Short General Manager Kleinfelder, Inc. 2rrd Quarter Report(GHAD4QO02) Page t Distribution list: Blackhawk Home Owners Association 4125 Blackhawk Plaza Circle, #230 Danville, California 94506 Attention: Mark Goldberg Hidden Oaks at Blackhawk C/o Community Care Property Management P.O Bax 1270, Pleasanton CA 94566 Tennis Villas at Blackhawk C/o CMJ Associates Inc. P.O. Box 190 Pleasanton, CA 94526 Saddleback at Blackhawk C/o Jean Bates&Associates 3840 Blackhawk Road# 120 Danville, CA 94506 P.O. Box 3428 Danville, CA 94526 Silver flak Townhomes at Blackhawk Canyons at Blackhawk C/o Miramonte Company 1225 Alpine Road#206 Walnut Creek, CA 94596 Attention: Lin Yates Blackhawk Country Club 599 Blackhawk Club Drive Danville, CA 94506 Attention: Larry Marx, General Manager Supervisor Millie Greenberg 309 Diablo Road Danville, CA 94526 Attention: Kathy Chiverton, Chief of Staff 2nd Quarter Report(GHAU4QO02) Wage 2 Blackbawk Geologic Hazard Abatement District 2nd (quarter Expense Report FY 2003/2004 This report presents a summary of the GHAD expenditures during the second quarter of Fiscal Year 2003/2004. A summary of the expenses and the budget balance is presented below in Table 1 and the proposed revised budget distribution is presented in Table 2. TABLE 1 - Summary of Expenditures Funds Distribution Budget 1"Qtr 2nd Qtr Budget FY03/04 Expenses* Expenses Balance Major Repairs 735,000 42,358.13 286,202.87 406,439.00 Preventive Maintenance 177,500 94,496.01 107,053.51 <24,049.52> Special Projects 63,000 17,098.51 10,393.10 35,508.39 Administrative 221,315 49,606.09 81,602.24 90,106.67 Totals $1,196,815 $203,558.74 $485,251.72 $508,004.54 `Corrected expenses. TABLE 2—Revised Budget Distribution Funds Distribution Budget Revised Revised FY03/04 Budget Budget FY 03/04 Balance Major Repairs 735,000 620,000 291,439.00 Preventive Maintenance 177,500 277,500 75,950.48 Special Projects 63,000 78,000 50,508.39 Administrative 221,315 221,315 90,106.67 Totals $1,196,815 $1,196,815 $508,004.54 2nd Quarter Report(GHAD4Q002) Page 3 In order to compare the quarterly expenses with the previous fiscal year the data has been plotted on the bar chart below based on expenditures in each of the four categories. The comparson shows that the major project expenses are significantly greater in FY 03/04 because the FY 02/03 major projects were unfunded and postponed to FY 03/04. Preventive maintenance is slightly less because the expenses due to winter storm damage were minimal. Special Projects are about the same as last year. Administration expenses increased slightly due to the effort required to issue 14 construction contracts and obtain 15 license agreements from property owners in the aftermath of the December 2002 storm. A description of the activities in each category follows. 2nd Quarter Expense Comparison j FY02/03 and FY 03/04 , 300 250 200 L _ 500 3 a#a t? } #e 1(30 X, 50 FY02/03 0 fE FY03/04 0 0 Expense Category DESCRIPTION OF EXPENSE ACTIVITIES Major Projects: Second quarter expense activities included two major projects: A 923/929 Eagle Ridge Landslide Repair 0 59 Chestnut Landslide Repair and Drainage Improvement 2nd Quarter deport(GHAD4QJG2) Page 4 9231929 Eagle Ridge Landslide Repair The Eagle Ridge Landslide Repair was started in early October and completed by late October, 2403 one day before the first significant rainfall of the season. The repair included excavating and rebuilding the slope with a geo-synthetics reinforced fill protected with a subdrainage system. The engineer's estimate for the slope repair project included in the budget was $254,000.00. The final cost came in about $45,004 under budget at $205, 000. 59 Chestnut Landslide Repair and Drain y e Improvement During the December 2002 rain event, a shallow slope failure occurred on the slope below 59 Chestnut in an area where previously un-repaired sliding had occurred. The primary cause of the failure was the concentration of runoff overtopping the slope. The origin of the excessive runoff was the approximately 100 foot high slope above the west side of the property. The runoff from the slope overflowed and undermined a concrete lined ditch located along the base of the slope. The repair included a two-phase project that repaired the shallow slope failures below the 59 Chestnut property and increased the capacity of the concrete lined ditch above the property by adding a curb to the edge of the V-ditch. Construction was completed in September prior to the rainy season. Preventive Maintenance: Emergency response and maintenance contracts were executed with contractors and consultants to provide for annual maintenance, and monitoring programs. Work was completed on the annual cleaning of the B-58 drain systems, work was completed on the 120 Deer Ridge Place Debris Wall, as well as several minor projects were scheduled for repairs, mitigations and/or winterizations in preparation for the upcoming rainy season. 2nd Quarter Report(GHAD4QO02) Wage 5 Special Projects: The Reserve Study was completed and submitted to the Board in late December. The draft of the Plan of Control continued the review process by the Blackhawk HOA and County Counsel. The test fill concept was refined and cost estimates for constructing the fill and performing tests on slope stabilization techniques developed. It is anticipated that the total cost of the test fill should be increased to $35,000. Administration: The District General Manager met with County Counsel, Public Works officials and the Blackhawk Homeowners Association Board to discuss the distribution of responsibility for the maintenance of stonn sewers in the community, Work proceeded on establishing a sinking fund to create a reserve fund for capital replacement of the storm drain system elements. The administrative costs during the second quarter included the customary clerical expenses associated with GLAD operations, year end and quarterly report preparation, homeowner responses, interaction with the HOA and management meetings with the GHAD team and participation in the storm sewer reserve fund meetings, Fourteen construction contracts were issued for storm cleaning operations and 15 License Agreements were issued and received. Budget Reserve Status The budget reserve status is summarized in Table 2 below. TABLE 2 - FY 03/04 BUDGET RESERVE STATUS Fourth Qtr.FY 01/02 Estimate* $ 717,718 Estimated Revenue for FY 03/04* $1,300,000 FY 03/04 Budget $1,196,815 Reserve Estimate 03/04 $ 820,6903 *Unaudited estimated amounts. 2nd Quarter Report(GHAD4Q002) Page 6 2nd QUARTER-WORK PERFORMED OCTOBER I"-JANUARY 1" Major Projects(231!) Date of'Invoice Amount Description Dover Construction 10/11/2003 6,720.20 59 Chestnut Dover Construction 10/4/2003 22,787.63 59 Chestnut Dover Construction 10/11/2003 5,132.52 41/46 Magnolia Dover Construction 10/18/2003 8,451.83 41/46 Magnolia Engineered Soils Repair 11/13/2003 96,942.15 923/929 Ea le Ridge Drive iDover Constriction 10/18/2003 1,579.28 59 Chestnut —Engeo Inc. 10/31/2003 8,828.75 923/929 Eagle Ridge Drive (Sands Construction,Inc. 11/24/2003 15,345.00 'Sands Construction, Inc. 12/3/2003 4,185.00 ¢Sycamore Associates,Inc. 10/31/2003 1,923.43 Hole#11 AliQuot 10/31/2003 2,226.50 923/929 Eagle Ridge Drive Aliquot 12/19/2004 968.00 923/929 Eagle Ridge Drive Engeo Inc. 11/30/2003 822.00 923/929 Ea le Ridge Drive Engineered Soils Repair 12/31/2003 80,519.58 923/929 Eagle Ridge Drive Engeo Inc. 12/31/2003 487.50 923/929 Eagle Ridge Drive Sands Construction, Inc. 1/8/2003 4,572.50 Kleinfelder,Inc. :.2/12/2003 11,959.00 Kleinfelder,Inc. 10/8/2003 11,822.00 Kleinfelder,Inc. 12/28/2003 855.00 Kleinfelder,Inc. 1/25/2004 75.00 i. Total Major Projects $ 286,202.87 4 preventative Maintenance L2282) Date rff Irnvoice Amount Description 1Dover Construction 10/4/2003 1,786.55 Maintenance Lard.Cleanup Dover Construction, 10/11/2003 3,032.28 Winterization Dover Construction 10/4/2003 1,942.32 121 Deer Ridge{winterization Dover Construction 10/11/2003 4,941.1.2 5026 Blackhawk Drive(v-ditch) Dover Construction 10/18/2003 3,428.22 Container&Materials Dover Construction 10/18/2003 2,881.32 brain Cleaning Dover Construction 10/18/2003 1,579.28 Eagle Valley Way Sanas Construction,Inc. 11/24/2003 7,130.00 Sands Construction.,Inc. 12/3/2003 3,216.25 iteworks, Construction,Inc. 11/4/2003 6,640.36 Eagle Valley Way Siteworks, Construction, Inc. 11/11/2003 9,774.68 Whispering Oaks Court !Siteworks, Construction, Inc. 12/1/2003 10,442.63 Blackhawk Plaza hover Construction 12/11/2003 831.90 3716 Deer Trail Court `.ingeo,Inc. 11/30/2003 3,529.50 Monitoring rands Const action:, Inc. 1/8J2004 4,107.50 Dover Construction 12/11/2003 11,104.91 Winterization Dover Construction 1.2/11/2003 7,480.56 Winterization Siteworks,Construction, Inc. 1/5/2004 5,462.50 Whispering Oaks Court Preventative Maintenance(2.28.2) date of Invoice Amount Descri tion Siteworks,Construction,Inc. 2/9/2004 284.63 jBlackhawk Plaza Kleinfelder, Inc. 12/12/2003 3,862.00 Kicinfelder,Inc. 10/8/2003 5,045.00 Kleinfelder, Inc. 12/28/2003 7,350.00 Kleinfelder, Inc. 1/25/2004 1,200.00 Total Preventative Maintenance 107,053.51 4 pecial Prof ects{..2'479) bate of Invoice Amount Description =Farallon Geographies, Inc. 10/31/2003 1,000.00 GIS System � Farallon Geographies,Inc. 11/31/03 1,000.00 CIS System Sands Construction, Inc. 12/3/2003 697.50 Reserve Shady Dover Construction 12/11/2003 900.60 Arrow Root Farallon Geographies,Inc. 12/31/2043 1,000.00 GIS System Sands Construction,Inc. 1/8/2004 1,395.00 Kleinfelder,Inc. 12/12/2003 4,175.00 kleinfelder,Inc. 12/28/2003 150.00 Kleinfelder,Inc. 1/25/2004 75.00 Total Special Projects $ 10,393.10 ,' =drninistrative X2310) Date of Invoice Amount j.Sands Construction,Inc. 11/31/03 2,518.75 i� ;Sands Construction, Inc. 12/3/2003 1,085.00 jGordon,DeFraga, Watrous&Pezzaglia 12/1/2003 150.00 Sands Construction, Inc. 1/8/2004 2,363.75 Kleinfelder, Inc. 12/12/2003 28,121.99 Kleinfelder, Inc. 10/8/2003 18,250.92 Kleinfelder, Inc. 12/28/2003 11,556.56 Kleinfelder,Inc. 1/25/2004 17,555.27 Total Administrative $ 81,602.24 TOTAL 2nd Quarter 485,251.72 -....'::.:'.::::.:......I..::...::.....................: 1. v :�. :K W F :31 O. 1c ? .R T 1T11 .> E€ : a � ... SECOND QUARTER EXPENSE REPORT FY 2003-2004 ... ,' : . 3 . ..... .::. .. ,. . . .. F ... .. .: . ... . €....::... . ... F F . F t S^� f - 0 L 0 _C May 5, 2004 A, A B T f M E NT Blackhawk GHAD Board of Directors DISTRICT Contra Costa County Board of Supervisors c/o Eric Shan, GHAD Liaison. D. 50 255 Glacier Drive < Martinez,CA 94553-4897 GVNEPw h oINC, SUBJECT: Second Quarter CHAD Expense Report,FY 2003-2004 Ladies and Gentlemen: Attached is the Blackhawk G1IAD expense summary for the second quarter operations for the Fiscal Year 2003/2004. The major project activities during this quarter included the completion of the slide repair located at 923/929 Eagle Ridge Drive and slope stabilization and drainage improvements at 59 Chestnut, Extensive preventive maintenance was performed on the common slopes including drain cleanup and winterization. The construction cast of the 923/929 Eagle Ridge slide repair came in significantly less than expected, however, expenditures required for preventive maintenance sig icantly increased. Additionally, the anticipated cost of the test hll program will be greater than originally budgeted. Consequently, a budget revision is proposed. The revised budget transfers $100,000 from. Major Projects to Preventive Maintenance and $15,000 from Major Projects to Special Projects. The Reserve Study was completed and submitted to the Board and the review process continued for the Plan of Control. The attached expense summary report is followed by a detailed breakdown and a backup invoice summary. Very truly yours, Blackhawk Geologic Hazard Abatement District Richard Short General Manager Kleinfelder,Inc. B 1s aX. t 2nd Quarter Report(GHALAQ002) Page l Distribution list: Blackhawk Home Owners Association 4125 Blackhawk Plaza Circle,#230 Danville, California 94506 Attention: Mark Goldberg Hidden Oaks at Blackhawk C/o Community Care Property Management P.O Box 1270, Pleasanton CA 94566 Tennis'Villas at Blackhawk C/o CMJ.Associates Inc. P.O. Box 190 Pleasanton, CA 94526 Saddleback at Blackhawk C/o Jean Bates&Associates 3840 Blackhawk Road## 120 Danville, CA 94506 P.O. Box 3428 Danville, CA 94526 Silver Oak Townhomes at Blackhawk Canyons at Blackhawk C/o Miramonte Company 1225 Alpine Road#206 Walnut Creek, CA 94596 Attention: Lin Yates Blackhawk Country Club 599 Blackhawk Club Drive Danville, CA 94506 Attention: Larry Marx, General Manager Supervisor Millie Greenberg 309 Diablo Road Danville, CA 94526 Attention: Kathy Chiverton, Chief of Staff �u#� C&94506 2nd Quarter Repot(GHAD4Q002) Page 2 N Blaekhawk Geologic Hazard Abatement District 2nd Quarter Expense Report FY 240312004 This report presents a summary of the 4v HAD expenditures during the second quarter of Fiscal. Year 2403!2004. A summary of the expenses and the budget balance is presented below in Table 1 and the proposed revised budget distribution is presented in Table 2. TABLE 1 -Summary of Expenditures Funds Distribution Budget 1"Qtr 2nd Qtr Budget FY03104 Expenses' Expenses Balance Major Repairs 735,000 42,358.13 286,202.87 406,439.00 Preventive Maintenance 177,500 94,496.01 107,053.51 <24,049.52> Special Projects 63,000 17,098.51 10,393.10 35,508.39 Administrative 221,315 49,6€36.09 81,602.24 90,106.67 Totals $1,196,815 $203,558.74 $485,251,72 $508,004.54 *Corrected expenses. TABLE 2--Revised Budget Distribution Funds Distribution Budget Revised Revised FY03/04 Budget Budget FY 03/04 Balance Major Repairs 735,000 620,000 291,439.00 Preventive Maintenance 177,500 277,500 75,950.48 Special Projects 63,000 78,000 50,508.39 Administrative 221,315 221,315 90,106.67 Totals $1,196,815 $1,196,815 $508,004,54 Sri,:03 a vf: :uA 94 5 2nd Quaver Report(GHAD4QG02) Page 3 In order to compare the quarterly expenses with the previous fiscal year the data has been plotted on the bar chart below based on expenditures in each of the four categories. The comparison shows that the major project expenses are significantly greater in FY 03/04 because the FY 02/03 major projects were unfunded and postponed to FY 03/04. Preventive maintenance is slightly less because the expenses due to winter storm damage were minimal. Special Projects are about the same as last year. Administration expenses increased slightly due to the effort required to issue 14 construction contracts and obtain 15 license agreements from property owners in the aftermath of the December 2002 storm. A description of the activities in each category follows. i 2nd Quarter Expense Comparison FY02103 and FY 03/04 300 . EMO 260 ya :•::•:. G 200 p 1 IJO 3 = 100 s0 0 FY02/03 FY03/04 > ° a� CL 4? C i E ! < Expense Category DESCRIPTION OF EXPENSE ACTIVITIES Major Projects: Second quarter expense activities included two major projects: O 923/929 Eagle Ridge Landslide Repair • 59 Chestnut Landslide Repair and.Drainage Improvement f :CA 9450-5 2nd Quarter Report(GHAD4Q002) Page 4 __ 4.?..V' iC' X.. __S • (6 9231929 Eazle hidt�e Landslide Retrain The Eagle Ridge Landslide Repair was started >' in earl Octo y ben and completed by late , '4 October, 2003 one day before the first 'r `.. significant rainfall of the season. The repair .. ;..< included excavating and rebuilding the slope :. with a geo-synthetics reinforced f 11 protected f with. a subdrainage system.. The engineer's estimate for the slope repair project included :: ;: •:;.:::;:: ; ::.:::::::::::::::. :: in the budget was $250,000.00. The final cost carne in :::.•:.::::::???::........................................... ........ about 45 000 un er bu ..:.:?.. d d et at 20 $ 5 ....:... ....:...:.::j v•: '. 9 >:f?Wi:??}! •'A.:t:i:'J:::i:.?Si:::i:?>:>•:i:::::%:4iiiii:?:•id'i:4:i. S9 Chestnut Landslide Retrr�ir and Drainage Imtrrovement During the .December 2002 rain event, a shallow r> ..;:. .:> . slope failure occurred on the slope below 59 :: Chestnut in an area where reviousl un-re aired ;`::: P Y P ::::: ::<::..:< sliding had occurred. The primary cause of the :>: :; :.<:: failure was the concentration of runoff overtopping `':: the slope. The origin of the excessive runoff was the .' ' ? a roximatel 100 foot hi pp y gh slope above the west :` h; side of the property. The runoff from the slope f overflowed and undermined a concrete lined ditch > nA v ::_> located along the base of the slope. The repair f.:.. included a two-phase project that repaired the shallow slope failures below the 59 Chestnut property and increased the capacity of the concrete `' ::: ` ' lined ditch above the property by adding a curb to the edge of the V ditch. Construction was completed in September prior to the rainy season. 'revetve Mairttenancee Emergency response and maintenance contracts were executed with contractors and consultants to provide for annual maintenance, and monitoring programs. Work was completed on the annual cleaning of the 8-58 drain systems, work was ` _;I completed on the 120 Deer Ridge Place Debris Wall, as well as several minor projects were scheduled for repairs, mitigations and/or winterizations in preparation for the upcoming rainy season. :.__...............................................I-- .............................................................. ................................................I............ .. ....................................................... .......................................I.........I.... .. ...................................................... ... ...................................................... S.Es>.�3:::::::::::::::>:::> ::: ;r > >::> "` „��" ''` "'........'........t.1m Special Projects: The Reserve Study was completed and submitted to the Board in late December. The draft of the Plan of Control continued the review process by the Blackhwk HOA and County Counsel The test fill concept was refined and cast estimates for constructing the fill and performing tests on slaps stabilization techniques developed. l#is anticipated that the total cast of the test fill should be increased to $35,000. Administration: The District General Manager met with County Counsel, Public Works officials and the Blas:khawk Homeowners Association Board to discuss the distribution of responsibility for the maintenance of storm sewers in the community. Werk proceeded on establishing a sinking fund to create a reserve fund for capital replacement of the storm strain system elements. The administrative costs during the second quarter included the customary clerical expenses associated with GRAD operations, year end and quarterly report preparation, homeowner responses, interaction with the HOA and management meetings with the CHAD team and participation in the s#arxn sewer reserve fund matings. Fourteen construction contracts were issued for storm cleaning operations and 15 License Agreements were issued and received. Budget Reserve Status The budget reserve states is summarized in Table 2 below. TABLE 2 -FY 0104 BUDGET RESERVE STATUS Fourth Qtr. FY 01/02 Estimate* $ 717,718 Estimated Revenue for FY 03/04* $1,300,000 FY 03104 Budget $1,196,815 Reserve Estimate 03104 ! $8.20,6903 `Unaudited estimated amounts. ..........:: .11 :.......::....:.....::........ ..........:.. ................................I...........................1. .. ...........................................I.......... ... ....................................................... .. ...................................I................. ... ...............................................I....... ................... .. ..................................................... ... ..........................................I............ .. ...................................................... .. ......................................I....I........... .. ...................................................... ...,.......P., C A.90.-N 2-nd Quarter Report GIIAAD4( 002 Page 6 ._...._...:. `L l 1. .............................................................. 9. 51.64£.f823 R?Cf 2nd QUARTER-WORK PERFORMED OCTOBER Is'—JANUARY I" Major Projects(2319) Date of Invoice Amount Description Dover Construction 10/11/2003 6,720.20 59 Chestnut Dever Construction 10/4/2003 22,787.63 59 Chestnut Dover Construction 10/11/2003 5,132.52 41/46 Magnolia Dover Construction 10/18/2003 8,451.83 41/46 Magmolia Engineered Sails Repair 11/13/2003 96,942.15 923/929 Eagle Ridge Drive Dover Construction 10/18/2003 1,579.28 59 Chestnut Engeo Inc. 10/31/2003 8,828.75 923/929 Eagle Ridge Drive Sands Construction,Inc. 11/24/2003 15,345.00 Sands Construction,Inc. 12/3/2003 4,185.00 Sycamore Associates,Inc. 10/31/2003 1,923.43 Hole#11 Aliquot 10/31/2003 2,226.50 923/929 Eagle Rid e Drive Aliquot 12/1912004 968.00 923/929 Eagle Ridge Drive Engeo Inc. 11/30/2003 822.00 923/929 Eagle Ridge Drive Engineered Sails Repair 12/31/2003 80,519.58 923/929 Eagle Ridge Drive Engeo Inc. 12/31/2003 487.50 923/929 Eagle Ridge Drive Sands Construction, Inc. 1/8/2003 4,572.50 Kleinfelder, Inc. 12/12/2003 11,959.00 Kleinfelder, Inc. 10/8/2003 1.1,822.00 Kleinfelder,Inc. 12/28/2003 855.00 Kleinfelder,Inc. 1/25/2004 75.00 Total Major Projects $ 286,212.87" Preventative Maintenance(2282) Date oflnvoice amount Description Dover Construction 10/4/2003 1,786.55 Maintenance Yard Clean-up Dover Construction 10/11/2003 3,032.28 Winterization Dover Construction 10/4/2003 1,942.32 121 Deer Ridge(winterization) Dover Construction 10/11/2003 4,941.12 5026 Blackhawk Drive(v-ditch) Dover Construction 10/18/2003 3,428.22 Container&Materials Dover Construction 10/18/2003 2,881.32 Drain Cleaning Dover Construction 10/18/2003 ":_,579.28 Eagle Valley Way Sands Construction,Inc. 11/24/2003 7,13 0.00 Sands Construction,Inc. 12/3/2003 3,216.25 Siteworks,Construction,Inc. I IA/2003 6,640.36 Eagle Valley Way Siteworks,Construction,Inc. 11/11/2003 9,774.68 Whispering Oaks Court Siteworks,Construction,Inc. 12/1/2003 10,442.63 Blackhawk Plaza. Dover Construction 12/11/2003 1 831.90 3716 Deer Trail Court Engeo,Inc. 11/30/2003 3,529.50 Monitoring Sands Construction,Inc. 1/8/2004 4,107.50 Dover Construction 12/11/2003 11,104.91 Winterization Dever Construction 12/1112003 7,480.56 1 Winterization Siteworks,Construction,Inc. 1/5/2004 5,462.50 1 Whispering Oaks Court Preventative Maintenance(2282) Date ofInvoice Invoice Amount Description Siteworks,Construction, Inca 219,2004 284.63 Blackhawk Plaza Kleinfelder,Inc. 12,112/2003 3,862.00 Kleinfelder,Inc. 10/8/2003 5,045.00 Kleinfelder,Inc. 12/28/2003 7,350.00 Kleinfelder, Inc. 1/25/2004 1,200.00 Total Preventative Maintenance $ 107,053,51 Special Projects(24 79) Pate of Invoice Amount Description Farallon Geographies,Inc. 10/31/2003 1,000.00 CIS System Farallon Geographies,Inc. 11/31/03 1,000.00 GIS System Sands Construction, Inc. 12/3/2003 697.50 Reserve Study Dover Construction 12/11/2003 900.60 Arrow Root Farallon Geographies,Inc. 12/31/2003 1,000.00 CIS System Sands Construction,Inc. 1/8/2004 1,395.00 Kleinfelder,Inc. 12/12/2003 4,175.00 Kleinfelder, Inc. 12/28/2003 150.00 Kleinfelder,Inc, 1/25/2004 75.00 Total Special Projects $ 10,393.10 Administrative(2310) Date ofInvoice Invoice Amount Sands Construction, Inc. 11/31/03 2,518.75 Sands Construction,Inc. 12/3/2003 1,085.00 Gordon, DeFraga, Vtfatrous& Pezzaglia 12/1/2003 150.00 Sands Construction,Inc. 1/8/2004 2,363.75 Kleinfelder,Inc. 12112/2003 28,12199 Kleinfelder,Inc. 10/8/2003 18,25092 Kleinfelder,Inc. 12/28/2003 11,556.56 Kleinfelder,Inc. 1/25/2004 17,555.27 Total Administrative $ 81,602.24 TOTAL 2nd Quarter 485,251.72 Recorded at the request of; ��� I Contra Costa County CONTRA COSTA Co Recorder Office Board of Supervisors STEPHEN L. VEIR Clerk-Recorder Return to: � Public Works Department DOC— 2004-0201786-00 Special Districts Section Thursday, MAY 27, 2004 10:45:47 FRE $0.00 Tt 1 Pd $0,00 Nbr-0002156360 Irc/R9/1-3 BOARD OF SUPERVISORS OF CONTE ._%j3 i ra.k vuiv i r,l AE1V 0_1N1A AS THE BOARD OF DIRECTORS,13LACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on May 25, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UIL1KEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONTE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 275 In the matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract with ) and NOTICE OF COMPLETION Engineered Soil Repairs for the ) (Civil Code, 3086, 3093) 3130 Blackhawk Meadow Drive Project, ) Blackhawk area, Danville. ) The Board of Directors of the Blackhawk Geologic Hazard Abatement District, (the District)RESOLVES that: Pursuant to licenses granted by Michael F. Ashby and the District, as licensee on January 20, 2004 contracted With Engineered Soil Repairs, Inc., as contractor, with Financial Pacific Insurance Company as surety, for the Emergency Landslide Repair work to be performed at 3130 Blackhawk Meadow Drive, Danville (Blackhawk), California, located within the boundaries of the Districts and Richard D. Short, Kleinfelder, Inc. as General Manager of the District, reports that said work has been inspected and complies with the approved plans and specifications and recommends its acceptance as complete as of March 4, 2004. Therefore, said work is accepted as recommended above, and the Clerk of the Board shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. I hereby certify that this is a true and correct copy of Orig.Dept:Public works(Special Districts) an action taken and entered on the minutes of the Contact: Eric Whan (925)3'_3-2242 Board of Supervisors on the date shown. G:\G:EData\SpDist\Board Orders\Kleinfelder CHAD 130 2004\05-25-04 RES Completion.doc Recording to be completed by COB MAY 25, 2004cc: Assessor ATTESTED: Auditor-Controller JOHN SWEETEN, Clerk of the Board of County Administrator Supervisors and County Administrator County Counsel By Deputy RESOLUTION NO. 2004/275 - CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTOR Engineered Soil Repairs, Inc. CONTRACT NAME 3130131ackhawk Meadow Drive—1 epair Project DESCRIPTION OF WORD TO BE ACCEPTED X Entire Contract Partial (Describe below) The work to which this certificate applies has been inspected and found to be substantially complete except for items which as listed and attached hereto. This list may not be all-inclusive,and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the work in accordance with the Contract Documents. The items in the list shall be completed by the Contractor within 30 nays of the date of Substantial Completion. Substantial Completion of Work is declared as of March 4,2004. CONTRACT CONSTRUCTION TIME 1.5 DAB'S ACTUAL CON'TRUCTION TIME 5 DAYS x ONSTRUCTION MANAGER ATEA Approved by: f G"NERAL MANGER D TE Contractor acknowledges receipt of this Certificate of Substantial Completion and the accompanying punch-List of items to be completed at above reference job prior to job being accepted as complete by CHAD. CONSTRUCTION SIGNATURE DATE 4125 BLACKHAWK PLAZA .FLOE S ;G3 DANVILLE,CA 94506 925.964.0223 65.964.0$25(FAX)