HomeMy WebLinkAbout7.1 Heritage Center Acquisition-Cemetery
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CI'l'Y OF DUBLIN
SUBJEC'I'
CITY COUNCIL MEETING DATE: February 8, 1993
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EXHIBITS A'l~ACHED :
RECOMMENDATION
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FINANCIAL STA'rEMEN'r :
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Heritage Center Acquisition
Report by Diane Lowart, Recreation Director
1. Agreement with Amador-Livermore Valley
Historical society Regarding Purchase
of Old st. Raymond's Church
2. Agreement with Dublin Cemetery, Inc.
Regarding Purchase of Dublin Cemetery
3. Agreement with B.S.K. & Associates, Inc.
Regarding Preliminary site Assessment
4. Donation of original Murray Schoolhouse
and Assignment of Lease
5. Correspondence from Dublin Historical
Preservation Association
6. June 8, 1992 city Council Agenda
statement
1. Approve Agreements in Attachments
1, 2 and 3 and authorize Mayor to
execute same
2. Provide direction on acquisition of
original Murray Schoolhouse.
Old st. Raymond's Church
Dublin Cemetery
Original Murray Schoolhouse
Preliminary site Assessment
Appraisal
Escrow/Title Insurance
Legal Fees
'rOTAL
IHIQ~ID'.
$10,700
$ 1
$ 1
$ 3,500
$ 3,000
$ 2,000
$ 6,000
$25,202
ESTIMA'fED
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$10,700
$ 1
$ 0
$ 4,200
$ 0
$ 1,340
$ 3,100
$19,341
DESCRIPfION : One of the 1992 goals given a high priority
by the city Council was to "Develop purchase agreements with the
Dublin Cemetery and the Amador Livermore Valley Historical society to
acquire the cemetery and church".
Attachments 1 and 2 are copies of the respective purchase agreements
that were prepared by the City Attorney and signed by authorized
representatives from each group. The agreements are contingent upon
receipt of a soils report satisfactory to the city regarding the
presence of hazardous and/or toxic materials, substances or chemicals
in, on or below the Properties or the ground water.
In order to determine the presence of hazardous and/or toxic
materials, it is necessary to have an environmental site assessment
performed by a Registered civil Engineer. consequently Staff prepared
a Request For Proposals to which four firms responded. After a review
of the proposals, staff determined that B.S.K. & Associates was best
qualified to perform the work. Attachment 3 is a. copy of the
agreement with B.S.K. & Associates for the preliminary site
assessment. The preliminary site assessment is a. non-intrusive
investigation which includes background investigation, site review,
review of adjoining properties uses, interviews with people familiar
with the sites history, regulatory review and a review of the owner's
records. The fee for the preliminary site assessment is $4,200. In
the event that soil and/or groundwater samples are warranted, the work
will be computed on a time and material basis. If the cost for these
additional services exceeds 25% of the original contract amount, city
council approval will be required.
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ITEM No.1.4_ COPIES: ALVHS, DHPA and Dublin Cemetery, Inc.
B.S.K. & Associates
Parks & Recreation commission
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CITY CLERK
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As the acquisition of the Dublin Cemetery and the Old st. Raymond's
Church is being funded by a grant through the Regional Wildlife, Open
Space, Shoreline and Parks Bond - Local Grant Program administered by
the East Bay Regional Park District (EBRPD), the City must submit
Preliminary Title Reports, Appraisals and Purchase Agreements to EBRPD
for approval prior to the opening of escrow.
with regards to the acquisition of the Original Murray Schoolhouse,
Attachment 4 is a signed statement from the former president of the
Dublin Historical Preservation Association (DHPA) donating the
Schoolhouse to the city of Dublin. Since the time that the statement
was originally submitted to the city in June of 1992, DHPA has
reconsidered the conditions for the donation. Attachment 5 is a
letter from the current president of DHPA reiterating their intent to
donate the Schoolhouse to the city. They have, however, indicated a
desire to enter into a lease with the City so that they can continue
to operate the museum and utilize the building for storage and
activities.
As the renovation of the original Murray Schoolhouse is being funded
through the EBRPD grant, it may not be possible to enter into a lease
at this time. According to the Procedural Guide for the Local Grant
Program, in order for a lease to be considered it was to have been
included with the original grant application submitted on June 15,
1992. Although this was identified in the June 8, 1992 city council
Agenda Statement (Attachment 6), the council took no action on the
issue of the lease. Consequently if the council wants to now consider
a lease for the Schoolhouse, Staff will need to pursue the matter
further with EBRPD.
Therefore it is the recommendation of Staff that the City council take
the following action:
1. Approve Agreements in Attachments 1, 2 and 3, and authorize
Mayor to execute same.
2. Provide Staff with direction on the acquisition of the
original Murray Schoolhouse.
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ATTACHMENT 1
AGREEMENT
between
AMADOR-LIVERMORE VALLEY HISTORICAL SOCIETY
and
CITY OF DUBLIN
regarding
PURCHASE OF REAL PROPERTY
This agreement is made this 31st day of December, 1992, by
and between the Amador-Livermore Valley Historical Society, a
corporation (hereafter "ALVHS") and the City of Dublin, a municipal
corporation (hereafter "City").
RECITALS
A. ALVHS is the owner of the real property referred to
hereinafter as the "Property." The Property is located in the city
of DUblin, County of Alameda, is designated as Assessor's Parcel
Number 941-1650-001-01, and is more specifically described in
Exhibit A, attached hereto and incorporated herein. Old
St. Raymond's Church is located on the Property.
B. ALVHS, by letter dated October 30, 1991, has offered to
sell the Property to City for the sum of $10,700.
AGREEMENT
1. The foregoing recitals are true and correct and are a part of
this agreement.
2. ALVHS agrees to sell and city agrees to purchase the Property
for the sum of $10,700.
3. City shall pay ALVHS the sum of $10,700 for the Property when
title to said Property vests in City, free and clear of all liens,
encumbrances, assessments, easements and leases (recorded and/or
unrecorded), and taxes, except:
a. Taxes for the fiscal year in which escrow closes, which
shall be cleared and paid in the manner required by Section 5086
of the Revenue and Taxation Code, if unpaid at the close of escrow.
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4. All normal escrow, recorolng and title insurance fees, costs
and premiums will be paid for by city.
5. ALVHS warrants that there are no oral or written leases on
all or any portion of the Property exceeding a period of one month,
and ALVHS further agrees to hold City harmless and reimburse City
for any and all of its losses and expenses occasioned by reason of
any lease of said Property held by any tenant of ALVHS for a period
exceeding one month.
6. ALVHS agrees, upon full payment of the purchase price, to
make, execute and deliver to city a good and sufficient grant deed
to the Property in a form satisfactory to city. No restrictions
will be included in the grant deed except for the following clause
(or one substantially similar):
"Grantor hereby grants to Grantee the real property
described below or in Exhibit 1 attached, but if that
certain "Local Grant Program Agreement, II Contract No.
AA-92-1004, dated August 5, 1992, between the East Bay
Regional Park District ("EBRPD") and Grantee is properly
terminated by EBRPD on the basis of Grantee's default
thereunder, then to EBRPD. In all events the foregoing
shifting Executory interest of EBRPD shall expire and be
of no further force or effect on July 1, 2048."
7. This agreement is specifically made contingent upon receipt
by City of a soils report satisfactory to City regarding the
presence of hazardous and/or toxic materials, substances or
chemicals in, on or below the Property or the ground water. ALVHS
agrees to cooperate with City to allow entry onto the Property by
employees or agents of City engaged in performing such soils report
for inspection and soils testing, as necessary. Upon receipt by
City of a satisfactory soils report, City will provide written
notice to the escrow agent to proceed with the escrow.
8. This transaction shall be handled through an escrow with
Northwestern Title Company, 275 Rose Ave., suite 200, Pleasanton,
California 94566. Joint escrow instructions shall be in
substantially the form attached hereto as Exhibit B.
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9. Escrow shall close no later than March 31, 1992.
IN WITNESS WHEREOF, the parties have executed this agreement
the day and year first above written.
CITY OF DUBLIN
AMADOR-LIVERMORE
HISTORICAL SOCIETY
VALLEY
Mayor
By:
Its:
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Approved as to form:
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EXHIBIT A
DESCRIPTION
All that certain real properly situated in the City of Dublin, County of Alameda,
State of California described as follows:
BEGINNING at the southern tenninus of that certain curve having a radius of 50 feet
connecting the southwestern line of Donlon Way, fonnerly Foothill Road, also known as
the road fran Dublin to Sunol, with the southeastern line of the State Highway fran
Hayward to Li verrrore, as said highway, line and cw:ve are described in the Deed fran
Felix Ferrero and wife, to State of California dated May 20, 1930, and recorded
August 13, 1932, Book 2867, Page 76, Alameda County Recordsj running thence
southeasterly along said line of Donlon Way, 325.39 feet, rrore or less, to the
southern line of that certain 1.77 acre parcel of land described in the Deed fran
Louis Bianchi and Josephine Bianchi, to Felix Ferrero, recorded August 15, 1919, in
Book 2808 of Deeds, Page 11, Alameda County Records, said last rrentioned point being
the actual point of carmencement; thence continuing along said line of Donlon Way,
south 250 25' 30" east 82.62 feet; thence south 670 09' 15" west 86.94 feetj thence
north 220 04' 39" west 14.00 feetj thence south 670 09' 15" west 14.00 feet; thence
north 220 04' 35" west 63.68 feet; to the southern line of said 1.77 acre parcel of
land; thence along the last named line northeasterly 96.29 feet to the actual point
of commencement.
Canrronly known as: Donlon Way
Alameda County Account No. 941-1560-1-1
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EXHIBIT B
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MEYERS, NAVE, RIBACK & SILVER
MICHAEL R. NAVE
STEVEN R. MEYERS
ELIZABETH H SILVER
MICHAEL S. RIBACK
MICHAEL F RODRIQUEZ
KATHLEEN FAUBION
FREDERICK S. ETHERIDGE
WENDY A. ROBERTS
DAVID W SKINNER
STEVEN T. MATTAS
A PROFESSIONAL lAW CORPORATION
PENINSULA OFFICE
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN lEANDRO, CALIFORNIA 94577
TELEPHONE: (510) 351-4300
FACSIMilE: (510) 351-4481
1220 HOWARD AVE. SUITE 250
BURLINGAME. CA 94010.4211
TELEPHONE: (415) 348.7130
FACSIMilE: (415) 342.0886
July 31, 1992
OF COUNSEL
ANDREA J SALTZMAN
REPLY TO
San Leandro
Louise McCarthy, Escrow Officer
Northwestern Title Company
275 Rose Avenue, suite 200
Pleasanton, CA 94566
Re: Old st. Raymond's Church
Escrow #810466
Dear Ms. McCarthy:
This letter constitutes joint escrow instructions, in
accordance with the "Agreement Between Amador-Livermore Valley
Historical Society and City of Dublin Regarding Purchase of Real
Property" ("Purchase Agreement").
Enclosed please find:
1. City of Dublin warrant in the amount of
Dollars and
Cents ($ )
payable to Northwestern Title Company. This amount
represents the purchase price of Ten Thousand Seven
Hundred Dollars and no Cents ($10,700.00) plus
Dollars and
Cents ($
escrow, recording and title insurance fees.
) for
2. Copy of the Purchase Agreement, including Exhibit A
thereto (legal description).
3. certified copy of City of Dublin Resolution No. 24-87
authorizing acceptance of real property adopted by city
Manager.
4. Certificate of Acceptance of Deed signed by the city
Manager.
Your preliminary title report (#810466), dated May 11, 1992,
shows title held by "Amador-Livermore Valley Historical Society"
(hereinafter referred to as "ALVHS"), a corporation.
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Date:
Page:
Louise McCarthy, Escrow Officer
Old st. Raymond's Church
Escrow #810466
July 31, 1992
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To:
Re:
The amount deposited ($ ) should be invested, with
interest credited to the City's account, until the escrow is
ready to close.
You may close this transaction when you have:
1. Received written notice from the city that a
satisfactory soils report has been received (see
paragraph 8 of Purchase Agreement);
2. Received written notice from ALVHS that the deed
restriction has been removed (see paragraph 7 of
Purchase Agreement);
3. Issued your standard CLTA policy of title insurance in
favor of the City of Dublin in the amount of Ten
Thousand Seven Hundred Dollars and no Cents
($10,700.00) for the property;
4. Determined the amount of taxes due for APN 941-0173-
001-06 for the first installment of property taxes for
Fiscal Year 1992-93 and withheld from the purchase
price the amount of such taxes and paid such amount to
the Alameda County Tax Collector. (The city Clerk will
request cancellation of the taxes on the property to be
conveyed by this escrow from and after the close of
escrow in accordance with Revenue & Taxation Code
~~ 4986 and 5081 et seq.);
5. Obtained from ALVHS a corporate resolution authorizing
sale of the Property;
6. Obtained from ALVHS and recorded a Grant Deed; and
provided the undersigned with a copy of the Grant Deed
for approval as to form in advance;
7. Disbursed to ALVHS, c/o
the sum of Ten Thousand Seven Hundred Dollars and no
Cents ($10,700.00); and
8. Filled in the date of the deed on the "Certificate of
Acceptance. II
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To:
Re:
Louise McCarthy, Escrow Officer
Old st. Raymond's Church
Escrow #810466
July 31, 1992
3
Date:
Page:
All escrow fees, recording fees and the premium for the
policy of title insurance shall be paid by the City of Dublin.
The city has provided you with a check in the amount of
($ ) as the
estimated amount of escrow, recording and title insurance fees.
If this sum is not sufficient, please bill the City for any
additional amount. Any deposited funds in excess of the closing
cost estimate of
($ should be refunded to the city.
The recorded Grant Deed should be returned to the City
Clerk, City of Dublin, 100 Civic Plaza, P. O. Box 2340, Dublin,
CA 94568.
If you have any questions, please call.
Very truly yours,
~-~A N.; ~~
Elizabeth H. Silver
Attorney for city of Dublin
EHS:rdw
So Agreed:
Amador-Livermore Valley Historical Society
Receipt and acceptance of these instructions is acknowledged.
Dated:
NORTHWESTERN TITLE COMPANY
By:
cc: Amador-Livermore Valley Historical Society
114\Ltr\01\Escrow.Old
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ATTACHMENT 2
AGREEMENT
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between
DUBLIN CEMETERY, INC.
and
CITY OF DUBLIN
regarding
PURCHASE OF REAL PROPERTY
This agreement is made this day of December, 1992, by and
between the Dublin Cemetery, Inc., a California corporation
(hereafter "Dublin Cemeteryll) and the City of Dublin, a municipal
corporation (hereafter "City").
RECITALS
A. Dublin Cemetery is the owner of the real property
referred to hereinafter as the "Property. 11 The Property is located
In the city of Dublin, County of Alameda, is designated as
Assessor's Parcel Numbers 941-1650-001-02, 941-1650-005 and 941-
1650-006, and is more specifically described in Exhibit A, attached
hereto and incorporated herein. The property is used for the
Dublin Cemetery and the Old Murray School is located on the
Property.
AGREEMENT
1. The foregoing recitals are true and correct and are a part of
this agreement.
2. Dublin Cemetery agrees to sell and City agrees to purchase
the Property for the sum of $1.00.
3 . City shall pay Dublin cemetery the sum of $1.00 for the
Property when title to said Property vests in city, free and clear
of all liens, encumbrances, assessments, easements and leases
(recorded and/or unrecorded), and taxes, except:
a. Taxes for the fiscal year in which escrow closes, which
shall be cleared and paid in the manner required by section 5086
of the Revenue and Taxation Code, if unpaid at the close of escrow;
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b. The easement referred to in Exception No. 4 to
preliminary title report issued by Northwestern Title Company dated
May 11, 1992 (Order No. 810465).
4. All normal escrow, recording and title insurance fees, costs
and premiums will be paid for by city.
5. Dublin Cemetery warrants that, with the exception of the Lease
Agreement dated July 23, 1991, between Dublin Cemetery and the
Dublin Historical Preservation Association, there are no oral or
written leases on all or any portion of the Property exceeding a
period of one month, and Dublin Cemetery further agrees to hold
City harmless and reimburse City for any and all of its losses and
expenses occasioned by reason of any lease of said Property held
by any tenant of Dublin Cemetery for a period exceeding one month.
6. Dublin Cemetery agrees, upon full payment of the purchase
price, to make, execute and deliver to City a good and sufficient
grant deed to the Property in a form satisfactory to city. It is
understood that the grant deed will include a restriction on use
of the property for cemetery purposes, with the exception of the
portion of the Property on which the Old Murray School is located
(See Exhibit B), and that, except for and subject to the
reversionary interest to EBRPD referred to below, should city fail
to use the Property for cemetery purposes, the Property will revert
to Dublin Cemetery. It is further understood that the deed will
require perpetual care by City of the cemetery. It is further
understood that the grant deed will prevent the City from laying
out future plots for burial. It is further understood that a
restriction in substantially the form below will be included in the
grant deed:
"Grantor hereby grants to Grantee the real property
described below or in Exhibit 1 attached, but if that
certain "Local Grant Program Agreement," Contract No.
AA-92-1004, dated August 5, 1992, between the East Bay
Regional Park District ("EBRPD") and Grantee is properly
terminated by EBRPD on the basis of Grantee's default
thereunder, then to EBRPD. In all events the foregoing
shifting Executory interest of EBRPD shall expire and be
of no further force or effect on July 1, 2048."
7. This agreement is specifically made contingent upon receipt
by City of a soils report satisfactory to City regarding the
presence of hazardous and/or toxic materials, substances or
chemicals in, on or below the Property or the ground water. Dublin
Cemetery agrees to cooperate with City to allow entry onto the
Property by employees or agents of City engaged in performing such
soils report for inspection and soils testing, as necessary. Upon
receipt by City of a satisfactory soils report, City will provide
written notice to the escrow agent to proceed with the escrow.
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8. Dublin Cemetery will comply with applicable state law with
respect to transfer of the Property, including requirements for
notice to the state Cemetery Board and publication of such notice.
Dublin Cemetery will provide written notice to the escrow agent of
compliance with applicable state law.
9. Dublin Cemetery will transfer its endowment fund in the
approximate amount of $60,000, to City, to be used by city subject
to the same restrictions applicable to the endowment fund at the
time of transfer. Dublin Cemetery will provide an accounting to
city of the exact amount remaining in the endowment fund at the
time of transfer, which accounting shall be deposited by Dublin
Cemetery with the escrow agent.
10. Dublin Cemetery will transfer all of its books, records and
maps relating to the cemetery, such as records relating to purchase
and ownership of plots and maintenance of grounds.
11. Dublin Cemetery assigns its rights under the "Lease Agreement"
dated July 23, 1991, between it and Dublin Historical Preservation
Association, to City, upon close of escrow.
12. city will use and operate the portion of the Property
restricted to cemetery uses as a public cemetery in accordance with
applicable state laws and shall, at no cost to City, arrange for
such burials as necessary in accordance with the records trans-
ferred to city pursuant to paragraph 10 above.
13. This transaction shall be handled through an escrow with
Northwestern Title Company, 275 Rose Ave., Suite 200, Pleasanton,
California '94566. Joint Escrow instructions shall be in
substantially the form attached hereto as Exhibit C.
14. Escrow shall close no later than March 31, 1993.
IN WITNESS WHEREOF, the parties have executed this agreement
the day and year first above written.
CITY OF DUBLIN
DUBLIN
By:
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CEMETERY, INC.
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Mayor
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Approved as to form:
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City Attorney
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EXHIBIT A
DESCRIPTION
All that certain real property situated in the City of Dublin, County of Alameda,
State of California described as follows:
PARCEL ONE:
PORTION of the 296.03 acre parcel of land firstly described in the Deed from Ada
Dougherty Clement and Jabish Clement, her husband, dated October 1, 1904, recorded
October 11, 1904, in Book 1015 of Deeds, Page 25, Alameda County Records, described
as follows:
BEGINNING at the intersection of the centerline of the State Highway from Hayward to
Dublin, or County Road No. 35, as it existed 60 feet wide, with the general
southwestern line of the land described as Parcel 2 in the Quitclaim Deed from
Wilhebnina Kolb to Felix Ferrero, dated December 9, 1935, recorded January 4, 1936,
in Book 3271, Page 119, Alameda County Records; then run on the last named line,
south 210 15' east, 423.72 feet, north 710 30' east, 24.618 feet, south 210 15' east,
39.6 feet and north 7P 30' east, 66 feet, rrore or less, to the general northeastern
line of said 296.03 acre parcel; then on the last named line, south 250 east, 229
feet, rrore or less, to the general northeastern line of the land described in the
Deed from Wilhebnina Kolb to Harold W. Kolb, dated September 21, 1948, recorded '
September 22, 1948, in Book 5611, Page 380, Alameda County Records; then on the last
named line south 4P 19' 21" west (said bearing used in last mentioned Deed) 140.08
feet and north 200 39' 55" west (said bearing used in last mentioned Deed) 743.77
feet to said center line of County Road No. 35; and then on the last named line
northeasterly, 15 feet to the point of beginning.
EXCEPl'ING THEREFROM, that portion lying within the lines of said road, as it now
exists.
PARCEL 'IWO:
BEGINNING at the southern terminus of that certain curve having a radius of 50 feet
connecting the southwestern line of Donlon Way, formerly Foothill Road, also knONI1 as
the road from Dublin to Sunol, with the southeastern line of the State Highway from
Hayward to Livermore, as said highway, line and curve are described in the Deed from
Felix Ferrero and wife, to State of California, dated May 20, 1930, and recorded
August 13, 1932, in Book 2867 of Official Records of Alameda Cunty, Page 76; running
thence southeasterly along said line of Donlon Way, 325.39 feet, rrore or less, to the
southern line of that certain 1.77 acre parcel of land described in Deed from Louis,
Bianchi and Josephine Bianchi, to Felix Ferrero, recorded August 15, 1919, Book 2808
of Deeds, Page 11, Alameda County Records, said last mentioned point being the actual
point of Commencement; thence continuing along said line of Donlon Way southeasterly
380 feet, rrore or less to the southern line of that certain parcel of land described
in Quitclaim Deed from Amelia A. Murray, to The Ronan Catholic Archbishop of San
Francisco, a corporation sole, recorded September 11, 1952, in Book 6822 of Official
Records of Alameda County, Page 427, thence along the last mentioned line the five
following courses and distances: south 750 19' west 7.42 feet, north 630 29' west
47.53 feet, south 880 25' 10" west 32.55 feet, south 790 17' 10" west 101.10 feet and
south 700 23' 10" west 60.29 feet; thence northwesterly in a direct line 250 feet,
more or
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810465
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less, to the most eastern corner of that certain 2.858 acre tract of land described
in Deed to Hans Therkelsen, recorded December 31, 1908, in Book 1549 of Deeds, Page
219, Alameda County Records; thence along the northeastern line of said 2.858 acre
tract of land northwesterly 38.28 feet to the rrost southern corner of the 1.77 acre
parcel of land hereinabove referred to; thence northeasterly along the southern line
of said 1.77 acre parcel of land 202.62 feet to the actual point of carmencement.
EX(:t;prING THEREFROM the follcwing described portion thereof:
BEGINNING at the southern tenninus of that certain curve having a radius of 50 feet
connecting the southwestern line of Donlon Way, formerly Foothill Road, also knc:wn as
the road from Dublin to Sunol, with the southeastern line of the State Highway fran
Hayward to Li verrrore, as said highway, line and curve are described in the Deed fran
Felix Ferrero and wife, to State of California, dated May 20, 1930 and recorded
August 13, 1932, in Book 2867 of Official Records of Alameda County, Page 76; running
thence southeasterly along said line of Donlon Way, 325.39 feet, rrore or less, to the
southern line of that certain 1.77 acre parcel of land described in Deed from wuis
Bianchi and Josephine Bianchi, to Felix Ferrero, recorded August 15, 1919, in Book
2808 of Deeds, Page 11, Alameda County Records, said last mentioned point being the
actual point of ccmnencement; thence continuing along said line of Donlon Way south
250 25' 30" east 82.62 feet; thence south 670 09' 15" west 86.94 feet; thence north
220 04' 39" west 14.00 feet; thence south 670 09' 15 west 14.00 feet; thence north
220 04' 35" west 63.68 feet to the southern line of said 1.77 acre parcel of land;
thence along the last named line northeasterly 96.29 feet to the actual point of
carrnencement.
PARCEL THREE:
ALL THAT CERTAIN real property as conveyed in the deed from Samuel B. Martin, Joseph
Sadoc Alemany, Archbishop of San Francisco, California, dated February 1, 1867,
recorded March 23, 1867, in Book X of Deeds, Page 457, Alameda County Records,
described as follcws:
BEGINNING at a point on the line dividing the lands of Dougherty and Green and
running thence south 700 30' west 2 chains and 76-1/2 links to the northwesterly
corner of the lot as now enclosed; thence south 250 45' east 3 chains, 45 links to a
stake on the northerly bank of a small creek or Arroyo; thence north 770 45' east 2
chains and 71 links to a stake; thence north 240 west 3 chains and 76-1/2 links to
the point of beginning.
Carmonl y known as: Donlon Way
Alameda County Account No. 941-1560-1-2
941-1560-5
941-1560-6
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EXHIBIT C
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MEYERS, NAVE, RIBACK & SILVER
MICHAEL R. NAVE
STEVEN R. MEYERS
ELIZABETH H. SILVER
MICHAEL S. RIBACK
MICHAEL F RODRIQUEZ
KATHLEEN FAUBION
FREDERICK S. ETHERIDGE
WENDY A. ROBERTS
DAVID W SKINNER
STEVEN T. MATTAS
A PROFESSIONAL LAW CORPORATION
PENINSULA OFFICE
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN lEANDRO, CALIFORNIA 94577
TELEPHONE: (510) 351-4300
FACSIMilE: (510) 351-4481
1220 HOWARD AVE.. SUITE 250
BURLINGAME. CA 94010.4211
TELEPHONE: (415) 348.7130
FACSIMILE. (415) 342.0886
July 31, 1992
OF COUNSEL
ANDREA J. SALTZMAN
REPLY TO.
San Leandro
Louise McCarthy, Escrow Officer
Northwestern Title Company
275 Rose Avenue, suite 200
Pleasanton, CA 94566
Re: Dublin Cemetery
Escrow #810465
Dear Ms. McCarthy:
This letter constitutes joint escrow instructions, in
accordance with the "Agreement Between Dublin Cemetery and City
of Dublin Regarding Purchase of Real Property" ("Purchase
Agreement") .
Enclosed please find:
1. City of Dublin warrant in the amount of
Dollars and
)
Company. This amount
of One Dollar and no
Cents ($
payable to Northwestern Title
represents the purchase price
Cents ($1.00) plus
Dollars and
($
insurance fees.
Cents
for escrow, recording and title
2. Copy of the Purchase Agreement, including Exhibit A
thereto (legal description).
3. certified copy of City of Dublin Resolution No. 24-87
authorizing acceptance of real property adopted by City
Manager.
4. certificate of Acceptance of Deed signed by the City
Manager.
Your preliminary title report (#810465), dated May 11, 1992,
shows title held by "Dublin Cemetery, Inc." (hereinafter referred
to as "Dublin Cemetery"), a California corporation.
.
.
Date:
Page:
Louise McCarthy, Escrow Officer
Dublin Cemetery
Escrow #810465
July 31, 1992
2
To:
Re:
The amount deposited ($ ) should be invested, with
interest credited to the City's account, until the escrow is
ready to close.
You may close this transaction when you have:
1. Received written notice from Dublin Cemetery that the
deed restriction has been removed (see paragraph 6 of
Purchase Agreement);
2. Received written notice from the City that a
satisfactory soils report has been received (see
paragraph 8 of Purchase Agreement) ;
3. Issued your standard CLTA policy of title insurance in
favor of the City of Dublin in the amount of
$ for the property;
4. Determined the amount of taxes due for APN 941-1560-
001-1-2, -5 and -6 for the first installment of
property taxes for Fiscal Year 1992-93 and withheld
from the purchase price the amount of such taxes and
paid such amount to the Alameda County Tax Collector.
(The City Clerk will request cancellation of the taxes
on the property to be conveyed by this escrow from and
after the close of escrow in accordance with Revenue &
Taxation Code ~~ 4986 and 5081 et seo.);
5. Obtained from Dublin Cemetery and recorded a Grant Deed
in the form described in paragraph 7 of the Purchase
Agreement; and provided the undersigned with a copy of
the Grant Deed for approval as to form in advance;
6. Obtained from Dublin Cemetery evidence of compliance
with state law (see paragraph 9 of Purchase Agreement);
7. Obtained from Dublin Cemetery a corporate resolution
authorizing sale of the Property;
8. Obtained from Dublin Cemetery its assignment of the
"Lease Agreement" (see paragraph 11 of Purchase
Agreement);
.
.
Date:
Page:
Louise McCarthy, Escrow Officer
Dublin Cemetery
Escrow #810465
July 31, 1992
3
To:
Re:
9 .
Received a check from Dublin Cemetery in the amount of
$ from its endowment fund and issued your
check in the amount of $ to the city to
transfer said endowment fund to the City (see paragraph
10 of Purchase Agreement) ;
Disbursed to Dublin Cemetery, c/o
, the sum of One Dollar
10.
and No Cents ($1.00); and
11. Filled in the date of the deed on the "certificate of
Acceptance."
All escrow fees, recording fees and the premium for the
policy of title insurance shall be paid by the City of Dublin.
The City has provided you with
($ ) as the estimated amount of escrow,
recording and title insurance fees. If this sum is not
sufficient, please bill the City. Any deposited funds in excess
of the closing cost estimate of
($ ) should be refunded to the city.
The recorded Grant Deed should be returned to the City
Clerk, City of Dublin, 100 Civic Plaza, P. O. Box 2340, Dublin,
CA 94568.
i
.
.
Date:
Page:
Louise McCarthy, Escrow Officer
Dublin Cemetery
Escrow #810465
July 31, 1992
4
To:
Re:
If you have any questions, please call.
Very truly yours,
~" ~fk-
Elizabeth H. Silver
Attorney for City of Dublin
EHS:rdw
So Agreed:
Dublin Cemetery
Receipt and acceptance of these instructions is acknowledged.
Dated:
NORTHWESTERN TITLE COMPANY
By:
cc: Dublin Cemetery, Inc.
114\Ltr\01\Escrow.New
-(
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ATTACHMENT 3
.
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of
, 1993r by and between the CITY OF DUBLIN, a municipal
corporation ("City"), and B,S.K. and Associates, Inc"
("Consultant"), who agree as follows:
1. SERVICES. Subject to the terms and conditions set
forth in this Agreement, Consultant shall provide to City the
services described in Exhibit A. Consultant shall provide said
services at the timer placer and in the manner specified in
Exhibit A.
2. PAYMENT. City shall pay Consultant for services
rendered pursuant to this Agreement at the time and in the manner
set forth in Exhibit B. The payments specified in Exhibit B
shall be the only payments to be made to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all
billings for said services to City in the manner specified in
Exhibit Bj or, if no manner be specified in Exhibit Br then
according to the usual and customary procedures and practices
which Consultant uses for billing clients similar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in
Exhibit Cr Consultant shall, at its sole cost and expense,
furnish all facilities and equipment which may be required for
furnishing services pursuant to this Agreement. City shall
furnish to Consultant only the facilities and equipment listed in
Agreement
Page 1 of 3
.
.
Exhibit C according to the terms and conditions set forth in
Exhibit C.
4. GENERAL PROVISIONS, The general provisions set
forth in Exhibit D are part of this Agreement. In the event of
any inconsistency between said general provisions and any other
terms or conditions of this Agreement, the other term or
condition shall control insofar as it is inconsistent with the
general provisions.
5. EXHIBITS. All exhibits referred to herein are
attached hereto and are by this reference incorporated herein,
6. SUBCONTRACTING. The Consultant shall perform the
work contemplated with resources available within its own
organization and no portion of the work pertinent to this
contract shall be subcontracted without written authorization
by the City, except that which is expressly identified in the
Consultant's proposal.
7. CHANGES. City may from time to time require
changes in the scope of the services by Consultant to be
performed under this Agreement. Such changes, including any
change in the amount of Consultant's compensation which are
mutually agreed upon by City and Consultant, shall be effective
as amendments to this Agreement only when in writing.
8. RESPONSIBLE CHARGE. Consultant shall assign
a project manager(s) to the project for the duration of the
project. There shall be no change in the Project Manager or
members of the project team without prior written approval by the
Agreement
Page 2 of 3
.
.
City. The Project Manager for Consultant shall be Mr. Alex
Eskandari,
9. CONTRACT ADMINISTRATION. This Agreement shall
be administered by LEE S. THOMPSON ("Administrator"). All
correspondence shall be directed to or through the Administrator
or his designee.
10. NOTICES. Any written notice to Consultant shall be
sent to:
Alex Y. Eskandari
B.S.K. Associates, Inc.
1181 Quarry Lane Bldg. 300
Pleasanton CA 94566
(510) 462-4000 Fax (510) 462-6283
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public Works/City Engineer
p, 0, Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
CITY OF DUBLIN,
a municipal corporation
By
"City"
By
Hell, (
Attest:
City Clerk
Approved as to form:
City Attorney
Agreement
Page 3 of 3
.
.
EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
PER B.S.K. ASSOCIATES PROPOSAL NO. PR92294A DATED NOVEMBER 20,
1992, TWO MEETINGS WITH CITY STAFF AND ONE CITY COUNCIL MEETING
SHALL BE INCLUDED IN THE SCOPE OF WORK,
ONLY TASK 1 WILL BE PERFORMED AT THIS TIME. TASK 2 MAY BE
MODIFIED AS AGREED BY CITY AND CONSULTANT.
Exhibit A
Page 1 of 1
I ~.81 Quarry Lane
__ ilding 300
. - - Pleasanlon, CA 94566
(510) 462-4000
(510) 462-6283 FAX
& Associates
.
NOVCI11 ber 20, 1992
BSK PROPOSAL No, PR92294A
Mr. Lcc Tholllflson, Director
Public Works/City Engineer
City of Dublin
IO() Civic Plaza
Dublin, Califol'llia 94.'iGX
Subject:
Proposal For Prclilllinary Sitl~ A<;scssnlenl
Dublin I kritllge Center
6GO() Donlon Way - Duhlin, California
Genllel11cn:
In rcsflonse to your I~equest for Pmposal (I~I;P), received November 13, 1992, BSK &
Associates has prepared this proposal lo pl'lform a Preliminary Site Assessmcnt (PSA) on thc
Dublin Ileritage Center, Dublin, Californi;1.
Thc Heritage Cenler is lkscrilll~d by the IZ!.r ;\s including the Duhlin Cemetery, Murray School
IIouse, and thc Old SI. !Zaymonds Chmch. Thesc pmperliL~s arc located at 6G()O Donlon Way
in Dublin, Califol'llia. Thl~ PSA pmjccl location is delillcated as Figme I, Vicinity Map.
INTg!l!2U!~nQN
It is our understanding that the Cily of Dublin is in the plOcess of acquiring tlle IIeritage Ccntcr
facilities, which comprise the Cl'111l~ll~I")', schoolhouse and church previously descrihed.
The Heritage Center area is approxill1alcly .'i7() feet in length and 17() feet in width; Dublin
Creek forms its south border. l'ropnlics in the area of inlnest arc principally comprised of
light industrial (Hexed Corporation), service and sales IJusinesscs, residential and office space.
Severed busincsses in the vicinily of the subject site arc Kr]()\Vn tn handle and/or store hazardous
wastes.
Gnolechnic<ll Enoinr.r.ring . Enaineering Gnolnl]Y . fnvirnnll1"nl:l1 :.r.rvicrr; . Con"lrlJrlinn In"f1prlinn ? Tcr;fir1(] . ^n<1fylic;l1 Tpsling
.
.
Proposal for Preliminary Site Asscssmcnt
Heritage Center Properties
Duhlin, California
BSK Proposal PR92294A
November 20, 1992
Page 2
PURPOSE AND SCOPE
Purpose
The purpose of this preliminary site asscssment is to assess the condition of the project area
with respect to the potential for environn1l~ntaJ Iiahilities resulting frolll present and previous
uses and practices, within or adjacent to thl~ I kritage Ccnter, to a distance of one-half mile.
Conclusions regarding the invcstigation arC;l condition, and recommendations for additional
work, if desirabk, would also he providcd.
Scollg
TASK I - Inquiry would be m;H!e regarding past ilnd prl~sl~nt activities in the IIeritage Center
properties and adjoining and ncighhoring properties to one-hall(l) mile distant. Observed
potentialliabiliLies, such as underground storage lanks, would be descrihed. This phase of the
investigation would be non-intrusive, ilkntifying areas whcre additional investigation may be
desired.
TASK II - At the option of tlw City EngilllTr, intrusivl~ invcstigation o[ locations identified by
the City or Consu)t;lIlt would hc UIH!crt;lkcn. As nceded, soil and groundwater samples would
be collected and analyzed for determincd contaminants of concern. Neither the number of soil
and/or water samples neclkd, nor thc contaminants of concern, can he ascertaincd prior to
completion of TASK I.
. The following scope of services is helieved suitahle for c;lch o[ [he tasks descrihed:
TAS I( I
- ~----
The Phase I investigation would illclude the ;lI'l~a within one-half mile (or 2,000 feel) of the
boundaries of the I kritage Ccntcr.
(I) BSK &. Associates suggests that all illvcsligalioll ;Irca wilhin 2000 kcl of the I Icrilage Center would
he slIrt1cicllt, and would he in keeping willi Califllllli;1 llep<lrtllll'llt of I Icallh Serviccs "Border Zone
Propcrty" dclincatioll of 2000 fcct. Hordcr Will' plllpCltics alc IlIosc dcrincd hy DI IS as having rcstrietcd
use, duc to their proxilllily to hal.aldlllls lll;Jteri;i1s 01 W;lsIl'.
~
& Associ<ltes
.
Proposal for Preliminary Site Assessnlent
Ilcritage Center Properties
Dublin, California
.
BSK Proposal PR92294A
Novem ber 20, 1992
Pagc 3
Backgro1lnd 11/ l'es tig{/ tioll
Available aerial photographs, maps, geologic and hydrogcologic reports and contaminated sitc
lists will be reviewed for gathcring background inforl11illion. Thc lisls to be rcvicwed include,
but are not limited to: ErA (NPL and CEI\CLlS), DI IS (13EP, Cortese, ASPIS), RWQCB
(leaking ul1lkrground t.lIlks, AB I X()] conlaminated wells, and olher groundwaler investigations),
I3AAQMD and HSSCI (underground t;111k iI1YL'nlory). The following items will be rcvicwed
during this phase or the investig;llinn:
.
Sites Current ilnt! Prior Uses
Nature or Adjoining Properlies within 2,1)(J() feet or the Sitc Boundaries
Known Contal11in;11ion 1 Ia/;lI'lls
Site Rel'icll'
"Ve would visit the property and galher information Il~ganling the present and past use of
various structures within the property and reyiC\v the area for the existence of potential sources
of contamination. Special consideration will he given to areas \'iith the potential to contain
sources or contamination, as re\'l'akd dming our hackground investigation.
Adjoining Properties Use
The California Health and Safety Code provides for the designalion of "Hazardous Waste
Properlies" and "Bonier Properties." Thl~ Departmcnl of IlcaIth Services (DI IS) has the
authority to impose land-use restrictions of "llaz;mlous Waste Property" (lands with hazardous
wastes posing significant existing Of polenti;1l hazards 10 present or future public health) or
"Bonkr Zonc Property" (property located within 2()()() kL~1 of a "} lazanlous Waste Propcrty").
To address this, our review would incJulk a drive-hy ITcollllaisst1ncc of the adjoining properties
(where possible and access is provided) within 2()()() kct of the sile. Propcrties observeu to
present the possibility of environIllcntalli;lhility would be included in our regulatory document
investigation.
111 t cni eli's
We would conduct interviews with pcople f;uniJiar wilh the sites history and background,
panicul;nly the current and forIller owners of the propertks. If possible, we would also
interview adjoining property owners regarding the prcsent and past usage of the site and
adjoining properties, as needed.
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& Associates
.I
J
I
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Proposal [or Preliminary Sirc Asscssnlenl
Ikritage Ccnler Propcrtics
Dublin, Cali[ornia
BS K Proposal PR92294A
Novcmher 20, 1992
Page 4
Owner's Records
Information regarding the cnvironmental aspects of thc [lropertics should be disclosed.by the
owner on the basis of their rccords. Thc owner of a property should submit a written statement
regarding the existcnce o[ any hazardous substances known 10 him within the site. Relcase of
such a slatcl1lcnt is required hy Senalc Bill Numher 2.1.') (TolTes), approvcd by thc Govcrnor
on Scplcmher 2S, 19S7. This hill requires, among olhn lllings, Ihal an owncr of non-residcntial
rcal propcrty who knows, or has re;tson;i1J!c cause 10 believe, Ihat a rclease of hazardous
Sllbstances is localed on or hellL~;llh lllat real p/(Jpcrly, 10 notify, in wriling, any buyer of that
property and would impose a civil pen;lIly upon knowing and willful violators of this provision.
Regula/ory RCl'icll'
We would conlact v;lrious CilY, Counly, SI;tlc and FL~(leral offices (0 assess (he existence of
known or suspccted somces or cOlllatlliu;lnls. The orrices 10 he conlacled include, hut arc not
limited to;
.
County Department of I leallh Serviccs
State Departlllcnl 01' I kalth Services
Rcgional Water ()uillily COlllrol Ho;ml
Warer and Utility Dislricls
California Wastc tvIan;lgCIl1ent Board
Doughcrty I{cgional Firc Dislricl
Office of Environmental I{csourcl's
Bay Area Air Qualily iv!alwgenlclll District
Dublin r lislorical Preservalion Associ;\lion
Sanborn Insurance I\'laps
.
.
.
.
.
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l'ASIUl
Task II would be performed at the discretion of lhe City Engineer. If soil and/or groumlwaler
samples arc required hy the CilY, tile rollowing procedures would likely be utilized:
Shnllow Soil Smm@!g - Area exhihiling ground surface-slaining, or as othcrwise delinealed,
would be sampled within one foot of lhe ground surface by lIse or hand auger and sampling
cCJuipmcnl. The desired sample depth would be excavated by hand auger. The soil sample
would be obtained hy driving a sal11pling harrel !lousing lwo sample lubcs into the soil. Upon
barrel withdrawal, the tuhcs would he retrieved, sealed, labeled and coolcd with "Blue Ice" for
delivery to our Slale-Cerlilkd analytical labm;t(ory.
~
& Associates
.
.
Proposal for Prcliminary Site AssessnH~n't
IIeritage Ccnter Properties
Dublin, California
nSK Proposal PR92294A
November 20, 1992
Page 5
Groundwater Snlllvling - As a minimunl, a groundwater sample could be procurcd by bailing
the sample through hollow-stelll auger. Tile auger would be advanced into the ground at each
sample location by a truck-Illounted rvlobile Drill 13-5:1 drilling rig. A soil sample would be
obtaincd from cach boring at the soil/groundwater interface. This sample would allow a
preliminary indication of residual cOlltamination from fluctuating groundwater.
During drilling, the boring would be loggl~d hy an engineer or geologist, and the cuttings
rield-screened for volatile hydlOcarbons by Photo-ionization Detector (PID).
The groundwater samples obtained in this manner would not be suitable for detection of trace
amounts of contaminants, but could be used to establish indications of contamination.
Soil cUllings from each boring would I>c scaled in a sleel drum at each boring location, until
chemical analysis results detnmine their hazard. Soil borings would be backfilled to the
existing ground surface with II-sack sand-cemcnt grout.
Drilling and sampling cquipment would be cleaned prior to site introduction and between
samples. Cleaning rinsate and sludge would be containcrized until soil and water analyses
determine their hazard.
Proper disposal of soil containl'li/l~d at thL~ sitl~ dming om activities, and latcr found to contain
hazardous quantities of contaminilllls, would bc the responsibility of thc client. Containcrs are
not to be removed from the sitc without authorization by governing agcncies.
Reporting
At the conclusion of the study, a Prclilllinary Ellvironll1ental Assessmcnt Report would be
prepared for thc property. The report would contain the following items:
I. Copics or historic aerial pl](l(ographs, alld site photographs, showing the gcneral
condilions, and locations or suspL;ctL;d cOlltaminant sources, if any.
2. Results of on-site rL;collnilissancc.
3. Rcsults of drivc-hy surveyor SlllTOUJllling land usc.
'L I~esults of site history rcvinv.
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& AS'iociiltes
.
.
Proposal for Preliminnry Site Asscssmcnt
Heritage Center Propcrtics
Dublin, California
BSK Proposal PR92294A
November 20, 1992
Page 6
5. Results of the rcview of rcgulatory agency records.
6. Conclusions.
7. Rccol1lmcndalions for rcmcdial "ctions or further studics, if suspccted sources
or ha/,nrdous substances arc detecled,
8. Limitatiolls of the investigation.
1.illl!TA TL () N S
The scope of this Preliminary Environnlclllal/\ssessment would not includc field or laboratory
chemical tcsting on, or lIear tile sill'. FlIIlllcr, the review would not include the evaluation of
radon gas or othcr air quality p;lr;lnlclers, lIor an cv;l!ualion of thc possible presence of asbcstos
or lead-containing nwlnials, Evalualioll of tlll~se condiliolls, if applicable, on the subject sill'
would be conlillgelll 011 rurlhl~r S;llllplillg ;l11d clll;lIysis, under a separale agreement.
()lJA11E!CA'll~lliS I~ND EXI'EHlENCE
BSK & Associates is a multi-discipline profcssional organization specializing in Geotechnical
Engineering, Environmenlal Enginecring, Gcology nnd Gcohydrology, ivlatcrials Testing and
Construction Observations, and Analylical Testing, BSK was eSlahlished in 1966 and has eight
offices in California. The Northcrn California offices mc situatcd in Plcasanton and
Sacramento. Other offices arc silnaled in Fn~sno, Visalia and Bakerslield. Mnlerials and soils
testing laboratories are localed in each area, Slate-cclli/icd, modern analytical laboratorics arc
inc1udetl with the Fresno facilities. Tile firm has fivc drill rigs that arc capable or a wide range
of soil sampling, field testing, rock coring, and installalion of monitoring wells and
instrumcntation. Field equipment includes gcophysical survey instruments and nuc!enr moisture
and density probes.
Total slarr in the BSK offices includes I LIO profcssionals, technicians, drillers, and
adminislrativc starr members. Our professional staff includcs civil enginccrs, gcotechnical
engineers, geologislS, geohydrologislS, and chcmists. Tile reputation of ilH.Jividual mcmbers of
thc professional staff is wcll cstablished throughoul their regions of influcnce. BSK has been
namcd by Enginccring News l~ccord as nne of the Top-SOn Engineering Design Firms in
America.
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& AssociiltP.S
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.
Proposal for Preliminary Site Assessment
Heritage Center Properties
Dublin, California
BSK Proposal PR92294A
November 20, 1992
Page 7
BSK opencd its P1casanton orriCl~ in July I ~i{J [0 beucr serve its NOrlhern California clicnts.
Local qualified technical staff have been selected [0 complement [he BSK-lrained management
personllel. Laboratory and drilling equipment arc such that the local office has the dual
advantage of being sdf-surricicnt yet ahle 10 frecly draw on the considerable resourccs of the
total organization, should the nccd arise.
Further examples of the BSK Pleasan[on Officc's qualifications include selection, after
competitive evaluation, by the Army Corps of Enginecrs, Caltrans and the Western Division of
the Naval Facilities Engineering COl11mand for matcri.lls testing, construction inspection and
geotecllIlical and environIllcntal engineering serviccs.
The BSK P1casanton office routinely provilks geo-environl11ental engineering, materials testing
and construction observation services to thc City of Plcasanton, City of Livermore, and other
Bay Area, Valley and Northern Cllirornia cities and counties. We have provided, anu continuc
to provide, such services to the City of Duhlin; including soil/water contamination assessment
and monitoring services rcgarding the Fire Stillion t11 sitl~, geotecllllical investigations on school
projects, and other Puhlic Works projects. I laving performed previous studies in the Duhlin
area, we are C]uite f.lIl1iliar with surrace ;\llll suhsurface conditions in [he area.
PI~()JECT l\IANAGEl\IENT
Alex Y. Eskandari, M;lI1ager of Gcotechnical Services for Northern California, will be the
Project Manager re~ponsih1e for the proposed studies and report prep;ul1lions. Mr. Eskandari
will be assisled by a team of technical and support staff from our PIeasanton office. Mr.
Eskandari' ~ resume is atlached.
John R. Hedley, a Principal and 1\lanager of the Plcasan[on office, would have the contractual
aUlhority 10 enter an agn~ement with the City of Dublin regarding the proposed services. Mr.
Hedley would also provide review of the projecl reporting.
*
*
*
*
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& Associates
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Proposal for Prcliminary Site Assessmcnl
f Ierilage Center Properlies
Dublin, California
BSK Proposal PR92294A
Novcmber 20, 1992
Page 8
We appreciate the opportunity to sllbmitthis proposal for your consideration. Should you have
questions regarding our proposed scope or work or schedule and fees, please contact the
undersigned at (510) 462-'-1000. This orkr is valid for a period of 75 days from the date of this
proposal.
I~espectru]ly submillcd,
BSK & Associates
fli/Y[:ia/~
^kx Y. Eskandari, P.E.
l\'lallagcr - Gcotechnical Services
C.E. :IX I () I, R.E.A. () 152X
A YE:kl(l'lw\ENV)
Enclosurcs:
Resume of Alcx Y. Eskand<lri
Vicinity Map
~
& Associates
Source: T\lama' Quiuc. \992. Aiamed. '0'\ Cootra Costa Couoties
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PROPOSAL PR92294A
NOVEMBER 1992
FIGURE: I
HSK
~E5
PROPOSAL
PREL\MINARY ENVIRONMENTAL SITE
ASSESSMENl
DUBLIN nERrrJ\GE CENTER
6600 DONLON \V 1\ Y
DUBLIN, CJ\LIFORN\A
-
.
RESUJ\lE
.
ALEX Y. ESKANDARI
MANAGER - GEOTECHNICAL SERVICES DIVISION
EDUCATION: n.s., 1963, Civil Engineering,
University of California, Berkclcy
M.S., 1966, Civil Engineering,
California State University, San Jose
REGISTRATION: Civil Engineer, California
Environmcntal Assessor, California
EXPERIENCE:
nSK & Associates
Manager, Geotecllllical Services
Carl \V. Garbe, P.E., Consulting Engineers
Vice President/Senior Engineer
Dames & Moore
Staff Engineer to Partner /
Managi ng Pri !lci pal-i n-Charge
1985 to Present
1980-1985
1967-1979
EXPERIENCE SUMMARY:
Mr. Eskandari is thc Northern California Regional Director of Geotcchnical Scrvices for nSK &
Associates. His responsibilities include managing soils and foundation investigations and
environmental engineering projects and coordinating marketing activities for these scrvices.
Mr. Eskandari has over 23 years of Geotecllllical Engineering and Testing experience. The last
9 years include projccts in thc San Joaquin Rivcr Delta and San Francisco Bay Areas.
His expcrtise has focuscd on field and lahoratory testing of soils and the formulation and
evaluation of testing programs for the various commcrcial and industrial sites with shallow
groundwatcr and clayey soils. Mr. Eskandari has expcrtisc in undcrground tank compliance
monitoring, installation of groundwater monitoring wells, vadose zone vapor detection wells,
sampling of soils and groundwater, amI assessmcnt of contaminations. IIc has managed various
compliance monitoring, fuel contamination and environmcntal assessment projects in the
San Francisco Bay Area and vicinity. In his 12 ycars of employment with Dames & Moore, he
was in responsible charge of thc gcotechnical engincering, evaluations and report preparation for
projects including oil and gas refineries and storage tanks off-shore and inland pipelines, pumping
stations, copper mining and refining facilities, business parks, and high-rise office buildings.
Mr. Eskandari's experience has been world-wide. His expertise and practical experience in the
assessment of soil physical parameters amI their application to the solution of geotechnical and
gcohydrological problems is particularly valuable in his present work assignment.
PROFESSIONAL
AFFILIATIONS:
American Society of Civil Engineers
International Society of Soil Mechanics and
Foundation Engineers
BSI(
8< ^~<;O(i;llp~
,~
.
.
EXHIBIT B
PAYMENT SCHEDULE
City shall pay Consultant an amount not to exceed the
total sum of FOUR THOUSAND TWO HUNDRED DOLLARS ($4,200) per
Proposal No. PR92294B for services to be performed for Task 1
pursuant to this Agreement. Consultant shall submit invoices at
the end of project based on the cost for services performed in
accordance with the Job No. PR92294A dated November 20, 1992.
The total sum stated above shall be the total which
City shall pay for the services in Task 1, including two meetings
with Staff and one City Council meeting, to be rendered by
Consultant pursuant to this Agreement. City shall not pay any
additional sum for any expense or cost whatsoever incurred by
Consultant in rendering services pursuant to this Agreement
City shall make no payment for any extra, further or
additional service pursuant to this Agreement unless such extra
service and the price therefor is agreed to in writing executed
by the City Manager or other designated official of City
authorized to obligate City thereto prior to the time such extra
service is rendered. If the cost for additional services is over
25% of the original contract amount, City Council approval is
required.
Exhibit B
Page 1 of 2
.
.
The services to be provided under this Agreement may be
terminated without cause at any point in time in the sole and
exclusive discretion of City. If the Agreement is terminated by
City, Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such
documents and other materials to the effective date of such
termination. In that event, all finished and unfinished
documents and other materials shall, at the option of the City,
become City's sole and exclusive property. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement. Consultant shall maintain adequate
logs and timesheets in order to verify costs incurred to date.
The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this
Agreement until receipt of a fully executed Purchase Order from
the Finance Department of the City of Dublin.
Exhibit B
Page 2 of 2
I ~101QuarrYLane
It uilding 3'00
- .- Plcasanlon, CA 9~566
(510) 462-4000
(510) 462.6283 FAX
& Associates
.
Novemller 20, 1992
IlSK PROPOSAL PR92294B
!vIr. Lee Thompso/l, lJireclor
Public Works/City Engilleer
City of Dublin
!OO Civic Plaza
Dublin, CA 9'ISM\
Subject:
Fec Proposal
Prelimillary Environ/lIcnlal Site AssL'ssnlellt
Dulllill I kritage Ccnll'J"
6600 DOlllon Way - Duhlin, Califmnia
Gentlemen:
III response (0 your Requesl For Proposal WI :1') n'cci ved on Novcmber 1:\, 1992, we are pleased to submit
tllis Fec Proposal for an environmclltal site assessnwnl regardillg Ille referellced property. A Technical
Proposal, rercrenced PWJ22().IA, OUllilling our appro:lcll, scope ofwmk and schedule, is concurrently being
sullmitted 10 llle Cily of Dublin for llle sub.kct assessllll'lIl.
Our ree ror Task r - Prclinlinary Silc AsseSSlnL'nl, PI lase I, would be $tl,200. Our ree for Task II as
oUllined in tile Tecllllical Proposal, ir n'qllired, would be colllpuled on a timc :llltl material basis in
accordance with our 1992 Fee Sclledllk, kss len percenl discOUIII, pmvi(bl our invoices arc paid within
:\0 days. A ppropriate pOll ions of om fee scl1L'dule I'm pnsonIll'l, dri II i ng, and chemical test i ng, arc
attaclled to this proposal.
\Ve appreciate Ihe oppmtunity to sulllllit tllis h'l~ Proposal for your cOlIsidcralion. Should you havc
questions or COIIJ/nellts regarding our pl'llposed fees. plL'ase colllacl the undersigned al (510) 462-4000.
This offer is valid for a pctio<l or 75 (bys flOln tlll~ datl~ of this pl'llpllsaI.
I{especl flllly sullnlitled,
IlSK & !\ssoci:lles
(
)!&Cjt;E!<c~1a
~
Akx Y. Eskandari, P.E.
1\ lallag~'r - (,eo-! ~nvironnlelllal Services
A YE:kltI'HOIENV)
Enclosure:
BSK I ~n Fcc Scl1nluk
Gcolrchnic<ll Enginnrring . Enginf"ming Gnoln(]y . invirnnl11"nl;l1 S8rvir(>-; . Cnn-;lrtJrtion In,-ppr!i"fl P. T'?~,lifl(J . ^nillytir'1l Tr-;!irH]
.
./ANtJAHY 1992
FEE SC:IIEIHILE
.
~jH
,f\, ^V;(l( i,ll('~
.
.
INTI{OIJUCTION
nSK& l\!lfloclillo!l, Goo(ochl1Icill COI1!ll1llill1l!l. 111[:. \'JIl'1 (Ollllflorllll rl'~!ll1n, CnllfOll1b, In I OGO. ~;Inco thnlllt1H1,
OffiCOfl and Ii1horalOllo!l hilV/) hl;p.n np'~I1f'rI 111 Vb;t1b, llakf'I!:fj,'ld, I'IOa!1ilnlnn, ilnrl Saclilnlf~nlo, Cnllfornl;l.
Modern ;Jnrl cOlllplelo bhOla(ori('!l wilh Ill' In rlilln (jf~ld ;utd Ii1hnrillnty cqlllplllf1nl ,uo l\1alnlnlncd In oneil
regional facilily. 1\. divol!lirh~c1 plofo~lfllol1;t1 fllaff of (,I1\1itH'OI!t, \I,~ol(1\1hl!t, nnrl ch'~l11l!1lfl plovido Ihe plm:tic;ll
knowled(/o and oxpm inl1cr! of local pl[)hlr~IWt ill" I pr ilcrlcr!l.
The firtn arret!> n wirlo variely of con!1l1ltil1(1 nl1dlo:.(ll1o r:olvicrfl anrll!l rocoonlz,~d ilfl nn EJ1{1JncmlnQ Newn
Record Top noo cOWHlllll1\1 firm.
Thb scltednlo lisl9 Personnol Halo!l, r:qlllpl1\olll'Chilll\l"~t nl1r1 T""lllIq reml (or Geotor:hnlcal EI1c.Jineerlno,
Engineering Geology, Environl11enlnl ~;"rvicr!~l, COI1!l(rncllon II1:.poclion nnrl Soil nno M;Jlerinln Flel,} <lnd
IJrthori'llory TO~llil1(/ aclivilio!l.
Chelllici'll LalJoralory reO!l ilro plllJli!;h,~r1 111 il ~I"p;uilln !lc:h,~dlll() anrI me avalli1hle hy conlacllno Ihe
Analytical Lahoratory.
nfTH :f::.
BlnnGh
!"ldl"M
Tnlorohono
Flenl1o, Goolnchl1lcnl;r.'lVi'0I11t,oI11n I
1~'1~ -r:" f;"~flt. ;'lIlln lOr,
f',,,cl1"'. Cnlllnll1ln 9.170r;
(?09) 1fl5.:1?OO
ern x) 1fJlj.7127
PO!)) 1A!1.0100
ernx) 10!16110
Fler-no, Mnrnrlnln Tor-Hl1o [,nbolnlnry
1.11;; "1- r;lrrnl
1"1"'"'0. Cnlifnll1ln 91'10r;
rlenno,l\l1nlyllcnll.nbornlo,y
1'11.1 r;lnllhlflll~ :-;Iffl(.f
I"1"nl1n. r:nlifnrl1ln 9.1701;
(?,O!)) 10n.0:110
ern>:) 10569.15
Vbnlfn
non En:lf (}nllulll'1 }\VPllllfl
Vi;H1Hn, Cnlilollll" r11~~11
(?O!)) 7:1'- 00;'7
ern) 7:1'- 6n70
Bskmnriold
117'V- :.1.n"l
nnknrllri"ld. Cnlifnn"n 93.101
(00;') 3?7.0671
eru) 321.1?-1 e
(1110) 16'--1000
ernx) 162.6203
PlonnRnlon
II AI GlInny l.Ol1fJ 111.1.). JOn
1'I!'nnnl1lnl1. Cnll(oll1ln 91,,1;1;
SRcrall1nnlo
9!)OI !lorn flnnd. :.,,;In (;
~flCrnnlf'lllo. CnlHofnl1l 9!ln?7
(9IG) 3(;3-1071
(Inx) 363-1076
II
m;1_(~
.,\. ^"'..)( '.111'<;
?In
.
.
TI:H 1\1;'
1. J,lrnllnllon of I.lnhlllly nnd Wnlvnr 011 COl1dltlon
III pnrlorl11ll1(l prornnnkJl1nl r.nrvlcnn, !l;,K ... ^~"",:I,"n'1 (C()N;,lJI.TI\NT) will linn Hl:ll r1n(llr>r) of cnro nl1d Aklll
ordlll:lllly nl<nldnod. lIl1dnr nlrllll:\r r:!rrllll1Ell,lIlrpn, hy rnplllnhlo IlIor"hPln or '''n prelf"'1nlnll prnctlclll(l In '''n nnl110 or olll1l1nr
loc:1l1ly. No ol"or W:1r r;'lllty, nl<pro'1nnd '"~ Iinpllnrl In Inndo or Inlnnrlnrl hy 1"0 I'lnpnn:l1 ror Plolnnolonnl norvlcon or by
IlIrtllnhlnq 01:11 or wrlllt)n ropmln or Ihn nnrllnon rn:lrln. Unl"'1n npodnl nrrnllllnl11onlo IHO l1\fldo In wrfllng prIor
10 COlnlnOnCAlllonl 01 work. It In :1l1lonrl IIl:lI Cr,lr:rJT will IImll nllY :1l1d nil lI:lblllly, rl:\ll11 lor d;lIl1nnon, cant 01 r1olonnn. or
ellpennnn 10 1J0 lovlnd ng"lrlnl CONSlJt.T^NT 011 nr:C01l111 o! OilY dn'1I(/1I dnrnrl, nlTor. OInlnnlon. or Ploronnlonnlnogllgonco
to a omn nol 10 ol<cnpd $flO,OOO, or Ihn :lIIlOllnl or hh Inn, whlch'wnr In gro:llor. "nlll",r, CI.IENT Agroen to nolHy Any
conlractor or nllbconlr:lclor who 1T1:lY pnrlmm wOlk In rnr1l1nrlk1l1 wllh Any d"'111111, reporl, or nllldy proparod by
CONSUI,TI\Nl' 01 slIch ll111fl:lllon or IIllhlllly ror dnr:l(Jll dnrn':ln, orrorn, oll1lnnlOlln, or prof'l'1lllo11<llno{jllgonce, and rA'111lro
as a condllion plecf'rlonllo Ihoir podol 111111(/ 1110 WOlle n IIkn Ilrlllt:lllon o! lI"blJlty OIl lIwll pllrl nil ng<lllltlllhe CONSULTJ\NT,
In Ihe avolll CI,lENT lall'1 10 obl;l111 n lil<o 1I111111lllnl1 or lI:lhlJlly provlnlon no 10 denl(j11 derect!!, P.rronl, oll1lalllonR, or
profm;nlon;llnoqllgp'l1co, :lilY II:lblJlly of CI.IENT ;ll1d C()tJ~all;I'^NT 10 Ilw:h conlrM::IOl or nllbcoll/raclor nrllllng ollt of nil
alleged dr:wlqn c1erncl. ('lIor, oll1l'1nlon. 01 prolo!J!lI'JlI:lII10I11l1/011rO r:I1,,1I hn nllO<::<llorl belwP.r!l1 CI.mNl' nml CONSULTJ\NT
In snch ill11illll1er Ih:ll Ihe "t;j(Jrng;llo II:lbllily fnr CON~;lJI.TI\NT for III wit rlnnlqll dofecllo 1111 pnrtle9, Incllldlllg CIJIENT, Rh<lll
110t exceed :FriO,OOO or 1I1e Ilnlnl1l11 or COn"lJl;r^NT'n r"n. wI1lc:hnvl'r In 11r":llor. 111 p('lIrnrl11lng nold or Inbol1\lory tooling
or InnpocllOI1 !1orvlcon, 1101 c"lIlrlO ror plnf"'1'1I(1I1;11 oI10111"nrll1\1 "pll1lnl1 hilI ror rnclll:lllil1dII1Q'1, tho nggre(lato lIablllly 10 nil
pilttle!l, 111,:11II1Ing CI,IEN'I', r:h:lll 1101 (1)(,-pnrl $'I,OOC) or 1110 :ll1lnlll1l or CONSlll;r^NT'n ("0, whlchnvnr III tjrf'nlor.
1l:l7.llrdol1s W:lrtln J.1;1l111lIy: II I" r,,,II1m :l'lI"'1(' 11,,11 11111",,'1 lI:lhlllly nll"n" by vlrllln or Iho nolo neglll1"lIlcO
or Irllenllolwl wrol1l/rlll nr:11l or CONSlII;I'^NT, C:I.I!~NT oh,,1l IlIrlol1ll1lry nml hold h:l1ll1Ien!'l CONSUIJTJ\NT And IIn
BllbcOIlIIIlClor!'l, Ilg(,l1l!! "l1d nmployno'1 rr"l11 "IHI nO:lIIl,,1 :lll cl:lll1l.'1, dllll1ll{IOIl, 10"",,'1 Illld oxponnell, rllroc! or Inrllrncl,
or COlHJeqllt)llllnl cllllll:lqn~.ln,,"e'1 :lnrl nxpnl1""". rlllnr'l or IlIdlr('cl.IIWl",lil1\J hilt lInt 1",,11,:)(110 leos nnd c:lmrgeo 01 ntlOllloyn
and cOllrl illl1;lllg 0111 or or r('"nll"l\1 horn Iltn p"rrOllll:llH'n of Iltn work hy CONSIII;r^NT or c1nlI1lB nglllrwt CONS\JLTJ\NT
arising hOI1l 11113 work or olhnrn. rol"lerl 10 I1n7.n"!OIl'I w:l!1ln or cOlllnllllll:lllon ncllvlllo!'l.
Tht) CONStll.TI\NT'S rill:lllrI:l1 lonpoll"lhlllly In Cl.IENT wllh l"!lper:! to 10M or r1nlllROo to n rlAlT1pl" whllo tho
nnl1lplo In III 1110 CIJr.lorly of CONSIII;I'^NT, r:Il;dl hn IIlnllol I In lito v:lIIlO or Iho le,,1 por rnrlll"d (If ,lilY) all n rl'lplacel1lonl
sal1lplo.
2. DlnplllO!l
III 1110 ovenl Ih:ll :l rll~lplllo "IIr1l11<1 :llhn r"I:lIIII(l In Iho pnrrOlln"nco or lilt) ""lvlcrJ'1 to 1m provldoclllllder 1I1O~13
Tarms nllrl nltOllld ,11111 cll"Plllo In~11111 In liil(lnllnl1, II 1'1 :l(llnnd Ih:ll Ihn prnvllllIll(j p"lly olmll hn nnllllerl 10 rocovor nil
roanonablo C0'110 Incllrred In Iltn d"fnlrr;n "f IIln clnllll. 111';11111111<1 nl"rr 1111113, cOllrl cn~I'1, Illlorlloyn' lonn, nnrl olher clnllll-
relaled OllpOI1r;e'1.
3. Wnrrnnly of J\lIthorlly to Slon
'1'110 porsoll "i\Jllillq:l conlln,:1 nlll,)"r:lln '"e"o T'!lllIn \./:llr:lllln Ito h:l!} nlllllorlly iln, or all hohllll or, CIJIENT ror
wllol1l or for who"rJ hOllefil IIIn CONSIJI.'l'^rJT'n ""lvl':O~1 nl" 101ld"l"rI It nll,:1t n pnrr;ol1 don9 nol hnvo nllch illltharlly, ho
ngren9 tll:ll 1101'1 pnronll:llly 11.,1,1" ror 1111 ),In:lclln" o( Ill" l"ln"l :llld h:l,,'~'1 ror CONSlfl,TI\NT'g Rorvlt::n9, ,lIldlhnlln nny
action ngillllnl Illlll for blendl of GIH:II W.OfI.,llly, n 1r~;rr;"ll;lhln nllnllloy'n feo 6111111 bn "lclllclnclll1 nny jUdglllntll rendmnd.
4, RIghI or Enlry
In lho evelll 1l1:l1 ;I I'I\O!r:CT "iln h IInl (JI.lI1"rI hy CI.II:NT, CI.JI~NT wnn:lnln 111:l! ho hnn ohlnlllocl pNl1lln91all ror
CONSUr,'I'^N'I' 10 nul"r 1;118 willi <III n(>(''''''':lry O'l'dPlllPIlI, 111 orrlor In cnlllplnln IIIn work.
WIlilo CON:C;lll,T^NT willlllkn :l1l1f'!'lI;OIl:lhln plnC:lIIIIr1lI'1lo 1l1l1l1rlli7.n IlI1Y d:llll:lIJn 10 Iho propmly,lllfl \lmJer1<lood
by CIllEN'!' 1I1:l!ll1lhrJ 1I01111:l1 '-;01 II GO or V/olk r.omo <I"III:l(l" 111:lY ocnlr, Ihn corrocllol1 or which 10 lIol pritt of Ihesa Tml1l1'l.
o. UII1II!nll
III llln pronnr:llliol1 or hl'l wOlk, CO(J"UI.TM.IT will I.,!w tf'!;rr.nll:lblo plnr::lllll'lIlll 10 nvold c1:l111<lQO or I11Jmy 10
BI1\)lorraIlC:l11 r;lrllclllrnn or IIlilitln~l.
CLIJ:NT Ilqrcr>nlo hold C;ON"lIf.TA(JT 11.'1 11 tI ""'1 for rl.'lll'lClO'llollllblnrr,'lln:l11 r:llllc111rerl whkh 1110 no! r:allrd 10
CONSUI;I'J\lJ'I"o <llinnll"l1 alld cnrrrclly OI"'Wll 011 fllllll"hnd 1'1:\1I1l 'or "ltr:olll1lnted :ll 10,:,,110110 npPlovorl by CI.IEN'!'.
O. Snmploll
Soil, rock, w"ler :111<1/01 oll1nr n:lI1l[1lo'1 :lrn Il1n propnlly of CI.lI:~}'r. CON;;UI;I'I\NT Ilhilll mlnln o\lch 9i1111ples far
no longor 'I1n II 'IG c1:1 1'9 "II nr 111'1111110 rI" I" oill;r IlIod from 1/'!'!III1(1. 11 111 en!'! olhnr 11 tlllllClorllnll!n n ro ltInrlo III wrlllllQ.
;,11.1I11r1 illlY f;:llll[1ln"lm r:olllnllllll'llod hy h;)~"rrI()IH1 11l1h!ll"llr:rn or nllnpnclorl h;l7.llldollll nllhot"ncO!'I, II III CI,lENT'n
renpoll"lbilily 10 fiolf'!cl :1ll(IIlIt:lIl\1" ror 1:\ ",rill r1lnp"II,,1 plocr>r1l1lnn; 111,,1 10, prm:orlllro~l which OI1COlllp:lOO rOlllovlllg 1110
canlnl1llrl<llcrl r:nl11plnfl rrol1\ COr~~;lJl;l'^lJTf1 cllnllldy "11r1 tr:lllrlporllrl\1 thorn to n dltlpon:ll r:llo. CI,IENT III ndvl'1ed that, In
illl C<lfJ09, P111<1011[:0 nllrl CloorI jllrlUf'!l11nlll nllollld hn npJ1l1nd In Ilnlncllll(/ ;I\ld nrr:1I1\111l11 ror lawf\J1 dlnpolllll prococlllroo.
Iv
2/92
~1
,v.. A':'.flr i,llp<;
.
.
7. PAymont
lllvolr:nn lor CON;;t II ;1'1\1'1'1"'1 nfll vlr''''1 will "" r(lI \'J""\,,,llo (;l.If~NT Alld will hn rlllo fl11l1lodlnloly, hill will not bo
dollllqllolll Ir pi1ld all or hormo Iho 30lh (by r()lInwlllO Iho d"ln or 111<1 IlIvolco. If pnYl1lo111 In not 00 I11ndo, IInder provllJlonn
of Ihn'1O 1'0111''1, a lalo pilYll1nll1 nNM'ICF~ CIIMlC:E will ho rOl1lplllnd nllho prJr!nrllr: rnln 01.033% pnr monlh. whIch In An
J\NNtl1\J. 1'r::IlCENT1\Gr: Hl\'\'r. OJ' 10%, nlld nil nddlllollnl ""rvl,,o "hnro" IlIlho 011111 of .007% por !l1olllh. lor n cOlnbtnod
mOlllhly Inlorflnl nnd oorvlco chilroo IlIlhn '1'1111 01 l.fl% IVH 1110111h. Tolill 1\nllll,,1 IlIloro,,1 nlld l';orvfco Chnrgn 10 le%. If nlllt
Is filod. n ronnonnblo "Ilorlloy'n 1'10, 10 1,0 nnt by Iho COlltl, ,,),;,11 1)0 11\(:llIdod III AllY jltd()Illonl In CON:>UI,TJ\NT's liwor.
O. Ownorshlp or DOClIl1lnntn
Roporls. borlll(/ logn, IInlel dillil. Ilnld 110lP.n, lilhOlnlolY In'jl dillil, cillclllilllOl1fl, OfllhT1il.lon. nm] olhor dOCllmonts
propared by CONSllJ.T1\NT, iln Illr.lll1l11ollln of nOlvln). "l1;dl rOlllill1l Iho ploporly 01 CONSUl,'I'1\NT.
CLIENT ngloon IIIi\I ropOlI nllel olhor wOlk rllllllllhnel In C;1.If:NT or hln ilu"nln, which In 110t p"ld for, wl1l ho
ro(unlfJc!lIpon dell1illld ill1(.1 will 11'11 1>0 ll"nd by Cl.ll:NT 1m nny plllpO"1J whnlovnr.
CONSULTANT will rolnln pcrllllr!1I1 rP.eorcln lolillln(! In Iho "orvlcoo pP.rlOll11ml Inr 1'1 pOllorl or live ye",r13 rollowlng
subl11loslon 01 the reporl. dlllin(J whldl pptlod Iho locOleln will ho lllnelo nV:lllilblo to C\,rr:NT "I rOilooni1blo 1111100.
9. Stnmlnrd or GillO
S8rvk:c9 pmlor lllnd I>y CONSUI.T/\NT IIl1dnl Ill<'''n T"III1n will I>n condll,:tnd In il lllillmor connlnlonl with th"t lovol
or cnre illlel r.kill orrJlllilrlly oxprr:lsnel by IIlOl1lhOlfl or Ih'l prorn::::loll Cllllnlllly prilclldll(! nndor ell1llbr condlllol1s. No olhor
warranty. oxpressed or lrnpll'ld, In IlIildn.
CI,IENT reco(Jnl7.m; Ihnl nllhsIllrilCO eondillnlln In''y VillY II0l111h050 encollnlorP.c1 ill tho locilllon wllArl') borlngn,
survoys. or oxplornllolln nrl) lllildlJ hy CON:>lll.Tl\t1T ilnd 111"1 Ih,., dillil. Inlmproliltlono Rml rOCOllllllnndnllol1/'1 or
CONSUI;I'J\NT am bnr.od r.olely 011 Ihn InrrHl1lilllnn ilvilllilhl,., 10 him CON:>ULTl\NT will bo IOnpOl1nlblo for thono diltn.
Il1lorprelnllon5. and recol1tl11onrlnlionn. hili nhnll 1101 bn rrr.ponrllblo ror Ihn Inl"rprolilllon by 0lhor8 or !1m InrOnll",lIol1
developed.
1 o. Inomn nco
GONSU\;I'J\NT roprnsollln "lid WiHlillllllll'ill1l nnellln noonl", "Iilll nml CONSULTANT" Rl11ployod by" In Rnd nro
prolocled by worknrn cnll,pnn<;illloll 11I::'llilnco ilnel Ihill C()r~Sl)I,Tl\t1'1' hiln nnch covnmoo Ulldnr puhlIc lIilblllly Rllel
proporly c1illl1nqn II1r.lIInnr;fl polldc9 whkll COrJStll.Tl\NT rI"rllllfl 10 hn ildflrlllilln. Cnrllficnloo lor nIl nllr:h pollclfJrJ 01
1r1Ollrnnco shilll bo provldoc!lo CI,IENT I1pOIl wrllt<'11 I"rpI"'''.
11. Tnll1llnnllon
J\orP.olllP.ntn nl1i>jrr:t 10 Ih"r.o '!"PlIWl !Ilny bo Iplll1ll1,1I"r1 hy P.llhflr pillly 1IpOll r.r:'VCIl (7) (by" wrlllIJn nollefl In Iho
oven! or slIll::lrintfill lillll1to hy Ihn olh('( !,"11Y In 1,,'lInllll III ilr:r:nr,hllr"o wllh Ihn 1"1111:1. SIIr:h tnllllhli1tIon "hillI nol hn
erloclivo II Ihill r.nbslrillliill lillllllO hnn ho:>plI IP.I1I<'d"'rlll..rn'n "XI,ltilll,," o[ Ihn pmlorl r.p8dllmlln Iltl'! wrlll....11 notIcl'J. III Ihn
avont 01 tClIlllllrilloll. CON~;UI,T1\NT "ltnlll,n pillrl Inl n"rvlr'p" pnlrOlll\"rllo tIlO lOllllll1illloll nollco dillo pllln r€1nsonnhle
t ermllln I iOIl nx pOllses.
III lltn ovnlll or 1l"lllllllrillnll, or nll';!,"I\::lol\ rnr 111'11" tIlill1 Ihlo" (3) 111011Ih", Pllor to cOll1plollo11 01 nil tnport!l
conlP.ll1plillnrl by r.illrl /\qro['>II'<'I1I, CONStll.Tl\tIT 11l;'y r'ollll,l"lo nl1elt ril1illyno~ illHI rocrnrln iln ilre nnCP.nnilry to cOIllpJfllo
hIs fil[,>9 nllrlm:1Y illno eOllll'lnln il r"!,olt (111 Ih" nmvlc:"n pnllollllnrlln Ill,., dnlo 01 I1nllr:n 01 10I1I11l1illloll or AllnpP.IlRlon. TIt<J
oxpol1!':....n 01 Inllllillilllol1 or IllI:lPOII,t1ol1 slt;t1IIt\("ll\dn illI r1ir"r:t (''':11'101 C:( H'J;,tll.Tl\NT III r;olllp10tInO nll<:h illlnlynlJn. tIJcorrln
nl1d rP.porln.
12. ]\nnlOI1R
1'1 "111t,,r Cl.lF-NT IInl cor JSlll.T /\ NT 111" Y d"I<'(1ill n' il ,;,,1011, f1I tI,I"1 nr II il nr.lnr hln ,l1lllfln or InlpI ....sl onl il hllnltoclllllrl"r
thp-so Telllln wllholll 11m wllll....n COlln""1 ,,( Ihn ollt,,1 p"lly, "x('''pllh,,1 C:O(.lSUI,T/\NT mny IHlfJ Iho '1nrvl(;('n or pm90nn nne!
olllllil'!!l 1101 III hln OIl1ploy Wh"ll II I" npprf1I" Inln illlri ':II:lIf1111"'y In rln "".
13. Nollco to Propmty OWllor
II hllln ilro 1101 rnld III 11111 ror II1I'! lil hor, nOl v\(.P.:1, 1"'1"11'1"0."1, nr IlIillnrlilln IIIIlIlnlt,.,d or 10 hI'! 1lIllIhJhorl. n MOcJHlllJc'n
Lion IOildlllq 10 t11<J lonn. lhroll~lh cOllrt lor<'dofll1l0 Plo('p'(Jrllllon, 01 illl or pMI 01 OwIlOl'n propNty bolllq flO Improved lJ1"Y
bn plilcod nonllml tltn prol'OIty ovell Il10llUh OWI1"1 hiln pill" Itln cOl1lrnclor III 11111. OWllnr tIlilY \'I1loh to protoct hln1!l/'?1C
ngillll,,1 IhlR cormeqllollr:o by (I) r....QlIlrll1() cOlllr"c1nr 10 1'"111,,11 n nlOlln" rolrJnno hy Ihn pornoll or nrtn giving Ihlsl1ollcr)
before 1T1illdng pnYlJ10nl 10 cOlltrilclor. or P) illl~' olhor 1I101hod or dovlc-o which ffl Rl'proprl"lo undor tho c1rclllllfllancP-!I.
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2/92
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14. Dlocoyory oC Unnnllclpnlod IInr.nrdol1O Mnlorlnln
COII;1lnlypoo or 11;17.;11 <lOl1n ","'rlll.,lo or r:OIlI.'ll1l11.,nlo 111.,y oxl,,1 nl n nllo wl1nro 111010 In no to;'lnnnto bollovo limy
conld or 01t0111d bo ptooon!. CONSlJl,'I'IU1T nl1r1 CLIENT nUlno 111;'111110 dlncovory o( 1ll1nnllclpnlod I1n7.;'Irdonn Inntorlnln
conolll\llen a cl1angod conrllllon ll1;'1ndnlll1(J "rOIlf'uotl.,IIOI1 or lito ncopo o( work or lor 1l1111;'1 II0ll of Rnrvlcno. CONSUI.Tl\NT
oml CI..IENT nIno ogron 111;'l111lr:l r1lneovol y 01 I1l1n 11 i1r:1 p;'l Ind hn7.nrdol1n In"lorlnln mny In;'lko It nocnonnty for CONSUI,'I'l\NT
10 lnko Irnlllodlnlo llHl;HJlJron to prolr:lcl 110;'11111 nl1d n;'lloly. CON!>UI,"rJ\NT nOTr:lOn 10 noll(y CI.IENT nn /loon IHI prncllclllly
ponnlble Illtonld Illlnnllr:lp;'llod 11;'1 7.ntdonn ll1;'1lorln In or nnnpoelnd Itn7.nrdonn lnntorlnln bo nncollt1lntF"d. CI.IENT oncotltnqnn
CONSUI/rJ\NT to lilko nl1Y ;wd ;'III llln;'l",1!0n 111,,1 In CotJ!>lJI,TJ\NT'n profooolollnl opinIon nro JnnlHlnd 10 pronervo and
prolectlho 1"3illlh nnd o;'lloly o( CONSULTJ\NT'n pornonllnl ond lito pnhllc. CI,IENT ;'l~lInOn 10 compOllFJale CONSUI,Tl\NT
for lito addlllon;'ll cont or worklnu 10 prolnr:1 oll1ploy()()o' nnd 1110 pnhllc'o hoollh olld ";'Iroly. III nddlllon, CI.IENT wnlven Any
claim ilgalrwl CONSlJl.T J\NT, nlld oglOon 10 dolnlld, Illrlnlllnlfy n I1d novo CONSUI.Tl\NT h;'ltlT1lo"o rrom ony clRlm or Ilnblllly
for IIIJury or 1088 arlnlng from CONSUI/!"M1T'o cllncovOlY of llnnntlr:lpnlr>c1 h;'l7.otdollo m;'ltorloln, or FlIwpoclod hazllrrJoltrJ
malarlaln. CI.rENT nloo OtJroon 10 compnnnnlo CON!>IIl/I'J\NT for nny 111110 !lponl ond oxpnllnenlncmrod by CONSlJIJTl\NT
III df'lfen!lo of <IllY ollch cblrn, wllh olleh rOl11pOllflilllol1 10 bo hnnod IIpOIl CONSIJI.Tl\N1"fJ prevailing feo schedulo nnd
expense mlrnlJllrsemenl pollr.y rolallvo to tr>covory 01 direct proJocl conlo.
In tho evonl 11m proJecl nllo III nol ownor! by GI.IENT, CLIENT wllrrnnlll thill ho han obl<llnod llll necenMty
pennl1l9\0llS for CONSUI,Tl\NT to olllor onlo Iho nllo nnr! cOlldllclllllhnl1T(;1CO explotallOll ncllvlllen. Cl,lENT tocoQnl7.89
lhalII la hla ronponolblllly to In(ormlhe propmty OWIlOl 01 Iho dlr,r:ovory of IIl1nllllclpillorl hil7.nrdollfJ m1llorl<lla or lluspoclorJ
hil7.<lrdolla 111;1lorlalo. CLIENT illno rocntlnl7.no 111;'11 ony ollch dlncovory n1;'ly roonlllll 0 oltJlllrtcilnl roduclloll 01 Ihe properly's
v..luo. CI,IENT w<llvoa allY c:I;'Ilm og;'llnol CONSIJI.TJ\NT. nnd norl1f1n to doloml, Inunl11nlfy 1Iml Ravo CONStll.Tl\NT
IlIlrmle90 from any clnlm or 1I;'I1>lIlty for Inll1lY or lonn or nny Iypo 01101110 (rom CONSUI/rl\NT'/l dl9COVOlY of uUllnllclplllod
hm:llrdolla l11illorfnlo or slIopoclncl hn7.atdOlIfl l11nlorlnl 011 II olio not o\Vllod by CI,IENT.
lB. Prococlonco 01 liorlXllT1r:lnl Ovor Tor1Tl/l
In 11m event Ihnl CLIENT donlr"n 10 to1nln CONSUI,'rJ\NT to ptovldll prololl!llollAl or loclmlcnl norvlcoll,
CONSU!JTl\NT may prop;1ro a rropon;'lt (or Ihn work. Thn I'ropon;'lJ wrmld Incllleln l\ Slllml;lTd J\GREEMENT, Iho Torma
of which wOllld bo shnllilr 10 tho nbovo; hilI II In connld. Iho T"Tln9 or Iho l\GREEMENT w01l1cllllko prececlenco over Ihe
abovo.
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PERSONNEIJ Rl\. TES
PROFBSSIONJJL
SenIor PIInclpal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PrIncIpal ......................................................
Senior Englneer/Geologl!1l/Cortlficd Ind\l!Jtrblllyglol1hl ..................
Project Englneer/Geologbl ........................................
Staff Englneer/GeoloQI!'l1 ..........................................
Junior Englllcer/Geoloqbl ........ _ . . . . . . . . . . _ . . _ . . . . . . . . . . . . . . . . . .
Depo!llllon and Comt Tentimony, rO\ll.lIom Mlnln11lm Chilrgn
(SenIor Principal. Prll1c1pill) ................ _ . . . . _ . . . . . . . . . . . . . . . .
"Prepamliol1 for Doporl1llol1 nnd Conrt ill nC~lnbr IInllrly nnl(~!,
l1BLD TEClINIGAIl
Supetvlnor . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . .
Senior In9poclor ................................................
Senior Technlclnn ...............................................
Inupoclor II (lCI30-Corllflcd) . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TechnlcJ;)n II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspeclor I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Technlcl;] n I ............................... _ . . . . . . . . . . . . . . . . . . .
Technlcall\lrlo ...... _ . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . .
amCH AND L/lBORATORY THCIlNIClIL
(Por Hom) $1213
(Per Ham) loa
(Per Hour) 9n
(Per Hour) oa
(Por Hom) 74
(Por Hour) 64
(Por Hour) "110
(Por Hom) $ GO
(Per 110m) 00
(Per Hom) 1313
(Por 110m) 132
(per Hom) [12
(Por Ham) 46
(Por Ham) 10
(PN Ham) 10
Supervlr.or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . .. (Per llonr) $ 68
Senior Technlcli'ln ......... _ . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . .. (Por Ham) 58
Technicliln ............................... _ . . . . . . . . . . . . . . . . . . .. (Per Ham) 16
Dranmnan ..................................................... (Por Hour) 40
Technlcall\ldo ............... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (Por Ham) 40
Word Procer13OT .................................... _ . . . . . . . . . .. (Por Ham) 3~
Genori'll Typir.t/Offico l\ido ........................................ (Per Ham) 30
.
.
EQillPMENT CIIl\RGES
(Contlnlled)
DmI.I.ING ..
Moblle B-UO, Mohllo B-!J3 (FlIuhl AII()m, Only - ann Opr;rnlor) ............. (Por Ham) $ on
Mobile B-SO. Mobile B-S3 (Flight AII~1cr or f).lnch Hollow
Slem Auger - Two Opornlom) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (POT Ham) 110
Mobile B-n3 (lO-lnch Hollow Stom Auum .
Two Operators) ............................................... (Por Ham) 118
CME-7S (Flight Auum. 8 or 1 a-Inch Hollow 510111 ^"gm or Rolilry
Wash Boring - Two Opomtom) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (Per Ham) 1413
Caslna. DrlIl Mud, Sholby Tllhos. Olllslde Smvlce3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Cost + 18%
Diamond Corlna - Wire 1,111e or Cn3!nCl (Include3 Two OPOlillors) .......... (Por Ham) l!30
Dlarnond Blf!l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Cost -I- 113%
Hazardous Wnr;le Siles (Lovel!l A nnd 11) . . . . . . . . . . . . . . . .. (~lIrchnr(1o Pm Mnlt Ham) [30
Hazardou9 Wasle Silo9 (I.,ovol C) ...................... (Smcharg8 Por Mnn Ham) 10
OVM or 1'10 MeIer ........................ _ . . . . . . . . . . . . . . . . . . . . . . (Per Ony) 30
Slearn Clanner .................................................. (Por Day) 100
Support Trtlck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Pm Dny) 100
CORING
Corinu Equipment nnd Ono OpOI<llnr
Coring Equipment and Two Opmnlors
(Pm Ham)
(Pm Ham)
$ 90
130
BIT CH1IRGES
Core Dl1tmotor
2'
Concrotn nnrl Mnoomy
$ fl/lnc h
GlInch
fI/lnch
13/1nch
I !i/lnr~h
l\JJphnlf nnrt Son Coment
$ 3!Tnr.h
lJ!Tnch
6!Tnch
O/Inch
1l!Tnch
3'
l'
G'
0'
(1' Mlnlmul11 HIl Chnrno Pm Coro)
'C07 DrlIllng Conlrnctor Llcenso NtIlnhnr 1f10fH~
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ANAL YTICAL
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SCHEDULE of SERVICES
1992
LAf30RA TOR IES
-
E-rl'<MH~I<U &tlJ<~N
Introductioll, Facilitics, and Equiprncnt
aSK i\nalytical Laboratories (OSK LAOS) is Ll dent-oriented, full-service organization of environmental laboratories, A
strong commitment to quality assuranCf! ,1I1d timely reporting m(lkes OSK LAOS a reliable project team member. Each of
BSK LABS' laboratories contain st(lte of the (lrt eC]uipment for (lr~'llyzing water, wastewater, solid waste, soil, sludge, and
(lir s(lmples for trace organic and inorC),lflic cont<lmin<1nts.
[J$K L..\BS. occupies over 6,:300 squilre feet irl ,1 modern lil!Jor(l(ories built since 1 D8'L The laboratories Clre designed for
efficient automLlted hi\lh-qu;J/ity oper;Jtions. Thf! labs ,uc equipped with dedicated conditioned Clir and exhaust systems,
and arc arranged to minimize interference durir10 oper(1tion. [;Jch l(1bor(]tory contains (1 reference librar., of environmental
regul<lt:ons and analytical methods.
All m;-ljJr instruments <Ire computer linked for d<lt<l reduction (lnd reporting. Super microcomputers and PC networks are
used for sample tracking, work scheduling <Inti st<ltus reportinp, (1nd electronic transfer to clients.
Exp e rien ce/Pe rson nel
13SK ~ABS <Ire stilffeJ by expcrit~llced profcssion;1ls
dedic..;crl ',0 excellence :n the fidd of ;;n<llytiCill chemistry.
Their :'nowledge of environmental reguJillions i1nd ~f'A
protocol results from years of working closely with
consulting firms and regulatory agcr,cies ineJoidil1\1 dirr.ct
consultation with the EPA. Specific i'lreas of cXflertise
include the anzdysis of w(Jters, soils, furls, illr, ilnd
uncommon ;Jesticides residues. Speciill cxpr~r(;sc is :dso
available hr achir.ving ultra low !evr.1 deteclion limits,
methods development, and analysis US1ll[l GCMS
.~echniques.
[JSK LABS senior personnel are expericnced l;1boriltory
project managers (LPrvls). All m<ljor projects iHC i'lssigned
to LPMs who ensure thilt thc requirements .1re clear,
specific quality assurClnce is performed, ilr1d work is
provided as scheduled. LPMs providr. ;1 direct
communications link for clients to better monitor i1nd
receive progress reports on their projects in house.
aSK LA~S has ovcr 25 pro(essiorlill full.ti'Jle employees
with a wide range of experience. NI~tworkinp this
experience throughout the four laboratories (lllows nSK
LABS to provide a complete and well-rounded iln(1lytic<l1
Clpproach to the most complicated environment<ll problems
in a cast effective and timely manner.
Quality Assurance
fiSK LADS OUillity Assurilnce program encol11oasses nil
filcets of activity th<lt fll<1Y have a bearing on da:a - from
silmple integrity <md delta qU<lli~y ~o prorer vcrificdtil)f1 and
documel1t<1tion. BSK LA[JS Quality ;'.$surance ;Jlan is .
modeled ;:dter the Ef'A 1 G.point m;:Jnual Or,MS-OO,.mo.
The OU;1iity Ass'urancc program is (In '1ssential ;'<1(t of
(1nillytic,i! protocol and is used at -:111 levels 0f the
J~rofession(]1 staff to detect and correGt probl~r:J~ in the
measurement process <ll1d to demonstrat':l attair1f11ent of
st<ltisticill control. The program's goal :s ~0 keep
mcasurement errors to <lgrecd-upon limits and to assure
th(lt the results have a high ';Jfobability. of ;:Jcceptable
qU;1lity. Two concepts are involved in I3SK LABS' plan:
OlJillity Control, the mechanism established to control
errors; ;1nd OU<1lity Ass~ssrnent, the system used to verify
tl1at the <1n<llytical process is opCfating within acceptable
limits.
[lSK LAOS Oua/ity Assurance program results in a
measurement system operating in a state of statistical
control, which rne<lns th(1t errors have been reduced ta
accep~able levels and have been characterized statistically.
M()jor Certifications
"Environment<ll Protection Agency (ErA) Speci;:lI Analytical Services Subcontractor.
"Environmental Laboratory Accredit<ltion Progr.1m (ELA1'l for Waters, Wastes, and HazMdous Materials.
"Oepartment of He<llth Services (OIlS), Ca/iforniil.
"AD 1803 Approved Hazardous Waste Testinq Lilboriltory.
"Department of the Interior, [Jureilu of necl<lfTliltion Approved Lilboratory.
[ H _.. P" _.' __,~____ __ - .. ---- - -,- -
--~-~---,--_...... h"__. __
EPA Priori Pollllt<lnts/CLP T<lrgct Com olllld List ...
..~ . HH. . .,
- --
Method Number Par;:Hileter <:Iter Soilsl Technique
Waste
601 8010 Volatile H;:Jloc,HiJons 1 1 !J HO GC-IIALL
602 8020 Vol<1tile ArOlll<ltics 110 135 GC-PIO
GO 1 /2 8010/20 Vol<ltile 11<lloc,Hbons 1'. Arol11;1tics 181) 220 GC-PIO/f IALL
8015 Vol<Jtile IlydroC<lrbons 1S0 185 GC-FIO
603 8030 Acrolein, Acrylonitrile 200 250 GC-FIO
604 8040 Phenols 1 GO 200 GC-FID,MS
605 8050 Denzidines 200 250 GC-FIO
GOG 8060 Phthalates Esters 1 GO 200 GC-FJO,MS
608 8080 Organochlorine Pesticides, PCG's 100 185 GC-ECD
GOg 8090 Nitro;:Hofll;:Jtics & Cyclic Kr.tone:. 200 250 GC-FID
G10 8100 Polynucle<Jr Arom;:1tic IlyrfrocariJon:. 200 250 GC-FID,MS
612 8120 Chlorinated Hyclroc<lrlJon:. 200 250 GC-ECD
G14 8HO Organophosphorus Pesticidcs 160 185 GC-NPD
G15 8150 Chlorin<:1ted Herbicides 170 200 GC-ECD,MS
G19 618M Triazines 160 185 GC-NPD.
624 8240 Volatile Org;:mic Compounds 250 300 GC/MS
G25 8270 Semivol<ltile Or(J<lnic Compounds 425 475 GC/MS
G32 632M C;Jrbamate, Urea Pcsticides{per Gr<ldient) 165 195 HPLC-UV,FL
G010, 7470 Metals (Priority Pollut<lnts) Sb, As, nc, Cd, Cr, Cu, Pb, 225 255 ICAP!
IIg, Ni, Se, Ag, Tl, Zn AAS!GF
G010, 7470 Met<:lls (Target Compounds) AI, Sb, As, D<l, Dc, Cd, Ca, 300 330 ICAP!
Cr, Co, Cu, Fe, PO, MO, rvln, IIg, Mo, Ni, K, Se, Ag, Na: AAS!GF
TI, V, Zn
I' .......". ,. ..... '. , . . . ContClmination :MonitqTihg:: (LUFT)':: '..:,.' /..::;
.. Fljel. Tank .,....:. :,.<,:,:,: :., ,:}
:,'.. :..::'::::
Method Number Parameter Water Soils
8020M GTEX 90 90
8020M/8015M 8TEX & TPJ I(G) 95 95
504/8011 ED8 & OOCP 65 130
418.1/503D&E Hydrocarbon Oil & Grc<lse ,. I,', 70 80
413.2/5038&E Total Oil & Grc<lSC 70 80
5038,0,&E Total & Hydrocarbon Oil & GrcClSC .-::::; 20 ('<;:F 80 (90:
DHS TPHID) Totnl Petroleum IlydrOC<"Hoons (Diesel) TrIlID) 90 90
8015M Totnl Petroleum Hydroc<lrbons (G<lsolinc) TPH(GI 90 90
'. :.:
Resource
onscrvZlt;oll Zlllcl Recovery.Act (ReRA)>:,.:,::,.'::';::'
Method Number Parameter
1010
90'\0
6010,7470
9012,9030
1311
1311
WET
6010,7470
8080 TCl?
82'\0 TClP
8270 TCl?
9060
90G5
lH
Method
Number
502.2
504
505
507
508
515.1
525
531
547
Il,17i1rdOlls \N<1stc Ch;Hactcrization
Ignit(lbility
Corrosivity (pi I)
CAM Sb, As, [3;), [3e, Cd, Cr, Co, Cu, PlJ, Ill), Mo, Ni, Se, Ag, Tl, V, Zn
neactivity lCyanide, Sulfide)
Extr(lctions
TCl? Non-Volatiles, Mel(lls
TClP Volatiles, ZI IE
STlC
TClP Extr<lct An<llyscs
Metals (As, 8a, Cd, Cr, PlJ, Ilg, Se, Ag!
Chlorin;)tcd Pesticides, 1 lydrrJr:"rbrms ;mll PCBs
Volatile Organic CompoUIHls
Semivol(ltile Org;lI1ic Compounds
(;IOUl1dWiltCr Indic<llors Parameters
Tot;)1 Organic Carbon (TOe)
Total Phenolics
. .. .. '.. "'
. . - . . -.,.
.. ,.. . . . .
So fc Drinking Water Act (SbWA) .,
Parameter
Generill Mineral, Inorg,lIlic, Geller,,1 Physic,ll
Tot(ll Coliform
VO/iltile Organic Compounds
OOCP & EDO
Org;)noh;)licJe Pesticides
Nitrogen/Phosphorous Pesticides
Org;lI10chlorine Pesticides
Phenoxy Acid Herbicides, [3ent;)zon
Oi- (2 -ethylhexyll phthal<i t c
Carbofur;)n, Aldic;)rb
Glyphos<lte
Water Soils!
Waste
255
100
160
250
425
.. .....
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285
105
60
100
175
80
100
185
300
475
50
45
50
60
.:....: :1
. ..
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305
25
240
65
150
150
150
150
350
175
200
l~ .. .. I
. . M ct<:lls Allolysis . .
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::: :.: : : :', .' :".:
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r.'ll:lthad Number Instrull1ont/ Elcmcl1ts Fee
6010 ICAP/ AI, Sb, ^s, fl;l , Be, G, Cd, eil, Cr, Ca, Cu, Fe, Pb, Li, Mp, Mn, Ma, 20 (per Element)
Ni, K, Se, Si, Ap, f'h, Sr, TI, Sn, V, In
...
200, 7000 Series Grill1hit 0 FUrr1ilCof Sil, As, Dc, Cd, Cr, Cu, rb, Se, Ag, TI 25 (Per Element)
70G1, 7741 Ilydridof ^s, 5e 30
!I 245,7470,7471 Cald Vilpar! fIg 40
;1
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.:1 310.1 J\lkalinity (pll, C03, IlC03) 35
; 350.1 Ammonia 20
;
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. 05 Bromide 30
} 325.2 Chloride 20
20
7196 Chromium, } ICX<1V;Jlcflt
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. ~ 1 G.1 COD jO'
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:GO.1 =1 CandlJc:ivity 15
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J
'I 9012 (y,miele, Amenable to Chlarin;ltion 95 I
340.2 Fluoride 20
.1
'I 200.7 II,Hdness 40
fl ..
353.2 Nitrate 20
, 35
I 354.1 Nitrite
. ..
:
35 J.2 Nitrogen, Tot<11 Kjcld;1hl 34
,
; 150.1 pH 15
I
,
I 365.3 Phosphorus, TOI<1I 25
I 365.3 Phosphate, Orlho 20
.,
I 15
I 150 Sa!irJ s (eachl TDS, TSS, TS. SM, TV
J
I 375.2 Sulfate 20
I 25
; 9030 Sulfide
!
i Cf-IS Tot<:11 Organic Lead 70
I
I -
,
, 130.1 Turbidity 15
1
I S;lll1plo Prep;lr;l{ion (lJy Matrix)
3005,3010,3020 Watcr, Wastcwilter 15
3050 Soils, Sedimcnts, Solids 30
3050M Oils, Solvcnts, elll rJ other OrO;lnic f'v1<llricp.s 50
II<1z<lrdous M<ltcri,i1c, II<1ndling (includes disposnl) per SClmple 10
..
.
.
EXHIBIT C
City may furnish physical facilities such as conference
space, as may be reasonably necessary for Contractor's use while
consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and
time of furnishing said physical facilities shall be in the sole
discretion of City.
In no event shall City be obligated to
furnish any facility which may involve incurring any direct
expense, including, but not limiting the generality of this
exclusion, long-distance telephone or other communication
charges, vehicles, and reproduction facilities.
Exhibit C
Page 1 of 1
.
.
EXHIBIT D
GENERAL PROVISIONS
l~ INDEPENDENT CONTRACTOR. At all times during the term of this
Agreement, Consultant shall be an independent contractor and
shall not be an employee of City. City shall have the right to
control Consultant only insofar as the results of Consultant's
engineering services rendered pursuant to this Agreement;
however, City shall not have the right to control the means by
which Consultant accomplishes services rendered pursuant to this
Agreement.
2. LICENSES; PERMITS; ETC. Consultant represents and warrants
to City that he has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for
Consultant to practice his profession. Consultant represents
and warrants to City that Consultant shall, at his sole cost and
expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally
required for Consultant to practice his profession.
3. TIME. Consultant shall devote such time to the performance
of services pursuant to this Agreement as may be reasonably
necessary for satisfactory performance of Consultant's
obligations pursuant to this Agreement,
4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain
for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder by
the Consultant, his agents, representatives, employees or subcon-
tractors. The cost of such insurance shall be included in the
Consultant's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as
broad as:
(1) Insurance Services Office form number GL 0002 (Ed.
1/73) covering comprehensive General Liability and
Insurance Services Office form number GL 0404 cover-
ing Broad Form Comprehensive General Liability; or
Insurance Services Office Commercial General Liability
coverage ("occurrence" form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/78) covering Automobile Liability, code 1 "any auto"
and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the
Labor Code of the State of California and Employers
Liability Insurance.
Exhibit D
Page 1 of 5
.
.
B. Minimum Limits of Insurance. Consultant shall maintain
limits no less than:
(1) General Liability: $1,000,000 combined single limit
per occurrence for bodily injury, personal injury and
property damage. If commercial General Liability
Insurance or other form with a general aggregate limit
is used, either the general aggregate limit shall apply
separately to this project/location or the general
aggregate limit shall be twice the required occurrence
limit.
(2) Automobile Liability: $1,000,000 combined single limit
per accident for bodily injury and property damage,
(3) Workers Compensation and Employers Liability: Workers
Compensation limits as required by the Labor Code of
the State of California and Employers Liability limits
of $1,000,000 per accident.
C. Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by
the City, At the option of the City, either the insurer
shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials and
employees; or the Consultant shall procure a bond guarantee-
ing payment of losses and related investigations, claim
administration and defense expenses.
D. Other Insurance Provisions. The policies are to contain, or
be endorsed to contain, the following provisions:
(1) General Liability and Automobile Liability Coverages.
(a) The City, its officers, officials, employees
and volunteers are to be covered as insureds as
respects: liability arising out of activities
performed by or on behalf of the Consultant;
products and completed operations of the
Consultant, premises owned, occupied or used
by the Consultant, or automobiles owned, leased,
hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope
of the protection afforded to the City, its
officers, officials, employees or volunteers.
(b) The Consultant's insurance coverage shall be
primary insurance as respects the City, its
officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by
the City, its officers, officials, employees or
volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
Exhibit D
Page 2 of 5
.
.
(c) Any failure to comply with reporting provisions of
the policies shall not affect coverage provided to
the City, its officers, officials, employees or
volunteers.
(d) The Consultant's insurance shall apply separately
to each insured against whom claim is made or suit
is brought, except with respect to the limits of
the insurer's liability.
(2) Worker's Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of
subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work
performed by the Consultant for the City.
(3) Professional Liability.
Consultant shall carry professional liability insurance
in an amount deemed by the City to adequately protect
the City against liability caused by negligent acts,
errors or omissions on the part of the Consultant in
the course of performance of the services specified in
this Agreement.
(4) All Coverages.
Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, cancelled by either party, reduced in coverage
or in limits except after thirty (30) days prior
written notice by certified mail, return receipt
requested, has been given to the City.
E. Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A:VIII.
F. Verification of Coverage. Consultant shall furnish City
with certificates of insurance and with original endorse-
ments effecting coverage required by this clause. The
certificates and endorsements for each insurance policy are
to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements
are to be received and approved by the City before work
commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any
time.
H. The Risk Manager of City may approve a variation of those
insurance requirements upon a determination that the
coverages. scope, limits and forms of such insurance are
Exhibit D
Page 3 of 5
.
.
either not commercially available or that the City's
interests are otherwise fully protected.
5. CONSULTANT NO AGENT. Except as City may specify in writing,
Consultant shall have no authority, express or implied, to
act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant
to this Agreement to bind City to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any
right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this
Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to
perform services pursuant to this Agreement. In the event that
City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire
of City, cause the removal of such person or persons.
8. STANDARD OF PERFORMANCE. Consultant shall perform all services
required pursuant to this Agreement in the manner and according
to the standards observed by a competent practitioner of the
profession in which Consultant is engaged in,the geographical
area in which Consultant practices his profession. All
instruments of service of whatsoever nature which Consultant
delivers to City pursuant to this Agreement shall be prepared in
a substantial, first class and workmanlike manner and conform to
the standards of quality normally observed by a person practicing
in Consultant's profession,
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS, Consultant
shall take all responsibility for the work, shall bear all losses
and damages directly or indirectly resulting to him, to any sub-
consultant, to the City, to City officers and employees, or to
parties designated by the City, on account of the negligent
performance or character of the work, unforeseen difficulties,
accidents, occurrences or other causes predicated on active or
passive negligence of the Consultant or of his subconsultant.
Consultant shall indemnify, defend and hold harmless the City,
its officers, officials, directors, employees and agents from
and against any or all loss, liability, expense, claim, costs
(including costs of defense), suits, and damages of every kind,
nature and description directly or indirectly arising from the
negligent performance of the work, This paragraph shall not be
construed to exempt the City, its employees and officers from its
own fraud, willful injury or violation of law whether willful or
negligent. For purposes of Section 2782 of the Civil Code the
parties hereto recognize and agree that this Agreement is not a
construction contract. By execution of this Agreement Consultant
acknowledges and agrees that he has read and understands the
provisions hereof and that this paragraph is a material element
of consideration.
Exhibit D
Page 4 of 5
.
.
Approval of the insurance contracts does not relieve the
Consultant or subconsultants from liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may
be funded by fiscal assistance from another governmental entity,
Consultant shall comply with all applicable rules and regulations
to which City is bound by the terms of such fiscal assistance
program.
11. DOCUMENTS. All reports, data, maps, models, charts, designs,
plans, studies, surveys, photographs, memoranda or other written
documents or materials prepared by Consultant pursuant to this
Agreement shall become the property of City upon completion of
the work to be performed hereunder or upon termination of the
Agreement. No such materials or properties produced in whole
or in part under this Agreement shall be subject to private use,
copyrights, or patent rights by Consultant in the United States
or in any other country without the express written consent of
City. City shall have unrestricted authority to publish,
disclose (as may be limited by the provisions of the California
Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement.
a:\agmt\bsk12293
Exhibit D
Page 5 of 5
.
.
ATTACHMENT 4
DONATION OF ORIGINAL MURRAY SCHOOLHOUSE
AND ASSIGNMENT OF LEASE
The DUBLIN HISTORICAL PRESERVATION ASSOCIATION, a California
non-profit corporation, does hereby donate the original Murray
Schoolhouse, formerly known as the Primitive Baptist Church of
Jesus Christ, together with the existing outbuilding, which
buildings are located on property owned by Dublin Cemetery, Inc.,
known as Assessor's Parcel Number 941-1650-001-02, to the City of
Dublin, a municipal corporation, in their "as is" condition.
The DUBLIN HISTORICAL PRESERVATION ASSOCIATION assigns its
~~() :'\l,1r15right;;I\Under the "Lease Agreement" dated July 23, 1991, with Dublin
)~u~ ~ Cemetery, Inc, a California non-profit corporation, to the city of
^"II' Dublin. By its signature below, Dublin Cemetery, Inc., hereby
11'v"'--' consents to the assignment of the "Lease Agreement."
~
1ft ,ft€. EII6~\,.. TI{~T fH-8. T~A-A/S~12- () j:;:
TJ1B Due Ut..t cG.lfS'lf:!?>j 70 Tit-IE:. <:,rry err=- DUBLIN HISTORICAL PRESERVATION
bueu"l, 15 f-Jp-r A-~UJ'" PL/SH-G D TI+Gx.r ASSOCIATION
T7+-1.5 ~/<;;;N-#bH T 15 cll-J!.tc8l.LED
~.~
Ii!s (}~~
Dated L/ /1 / l' ~
/ I '
DUBLIN CEMETERY, INC.
Its
Dated
114\Misc\Murray.Ehs '
.
ATTACHMENT 5
.
DUBLIN HISTORICAL PRESERVATION ASSOCIATION
P. O. BOX 2245
DUBLIN, CA 94568
November 30, 1992
Diane Lowart
Recreation Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
r\ 0 /~ j)JJ
Dear DianeL\(,lLY
Thank you so much for meeting with me on November 18th to review
the EBRPD Measure AA funds grant application and documents.
As I agreed, I presented the information to our board at our December
19th meeting. After a lengthy discussion regarding the restrictions for
use of these funds our board voted as follows:
17 board members, 10 present, 9 in favor and 1 opposed to reaffirm
our position to you that DHPA is still supportive of proceeding with City
acqusition of our building using Measure AA bond funds.
Our board believes that future DHP A use or lease will not consitute
"private business use" because we are a IRC 501 c (3) non-profit corporation
and have never, nor will ever, charge for use or admittance to the building.
Additionally, we believe that "city operation" can be achieved with
various types of leases or reporting mechanisms, including but not limited to an
advisory committee. The term "normal hours of operation" will need further
definition by the City Council because if you use historic DHPA hours
uS the crikria, we would only have to a6rc~ to keep tl;e mt;~ei.li11 open
for two or three hours on a Sunday. If, on the other hand, one applied
park criteria, one would then assume that "normal hours" might be
daylight hours. Therefore, we believe that there is a lot of room for the
council to make a reasonable interpretation of the term should that be within
their discretion.
Again thank you for your time and efforts. Please let me know when
the city is ready to proceed with the next step. .
~inc rely, J
, it :/{jIj
" eorgearii. Vonheeder, President
CC: City Council Members Paul Moffatt and Dave Burton
DHPA Board of Directors
.
.
ATTACHMENT 6
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 8, 1992
SUBJECT
:
Regional Wildlife, Open Space, Shoreline and
Parks Bond - Local Grant Program, Measure A1
Report By Diane Lowart, Recreation Director
EXHIBITS ATTACHED
A. Memo from City Attorney regarding Use of
Bond Proceeds for "Private Business Use"
B. Memo from City Attorney regarding
purchase agreements for Heritage Center
. (J,;I
V)J
RECOMMENDATION QV :
FINANCIAL STATEMENT
Determine a project(s) for the grant funds
Phase II Allocation - $157,829
DESCRIPTION : At the April 27, 1992 meeting of the Dublin
City Council, the Council adopted Resolution 49-92 Approving
Application to the Local Grant Program Under the East Bay Regional
Park District Regional Open Space, Wildlife, Shoreline, and Parks Bond
Ordinance (Phase II) for the Following Projects: Mape Park
Renovation; Dublin Sports Grounds Renovation; and the Acquisition and
Renovation of the Original Murray Schoolhouse and the Old st.
Raymond's Church. In addition, the Council requested that the Parks
and Recreation Commission review the three eligible projects and make
a recommendation as to which project should receive the funds.
The Parks and Recreation Commission considered the use of these funds
at their meeting of May 12, 1992. The Commission, however, did not
make a recommendation as to how the funds should be spent, but
generally agreed that the funds should be spent on those high priority
projects which benefit the greatest majority of residents. Further,
the Commission felt that it was premature to prioritize the Heritage
Center with other park capital projects until such time that the
property was acquired by the city.
At the May 27, 1992 meeting of the City council, Councilmember Burton
requested that this item be placed on the agenda for the June 8, 1992
meeting in order to make a final project selection. Additionally he
suggested that the grant funds be utilized only for the acquisition
and renovation of the Old st. Raymond's Church: the original Murray
Schoolhouse and Dublin Cemetery could be dealt with at a later time as
these acquisitions are more complicated.
The costs associated with each of the aforementioned projects are
shm.m below:
Dublin Snorts Grounds Renovation - Phase I
Des i gn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Ma~hinery & Equipment................... ...........$
l1iscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . $
18,768
7,007
156,400
24,500
2,000
208,675
::::-::~--~~-~-----------::::::-::~--:::::-:-::::::::::-:::::::~::
Heritage Committee
II
ATTItCHMslT (,
.
.
Mape Park Renovation
Preliminary Engineering....... .....................$
De sign. . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
1-'liscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Old st. Ravmond's Church Acquisition & Renovation
A c qu i sit ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Des i gn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Improvemen ts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Heritage Center Acquisition & Renovation
A c qu l S l t l 0 n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Des i gn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
l1iscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
6,000
20,200
7,400
185,010
2,000
220,610
20,200
4,768
2,384
47,685
500
75,537
21,202
10,605
5,302
126,051
1,000
164,160
The City Attorney has reviewed the Procedural Guide for the Local
Grant Program regarding the use of bond proceeds for Jlprivate business
use" (Exhibit A). It is her opinion that the City could qualify for
bond monies and lease the Original Murray Schoolhouse to the Dublin
Historical Preservation Association (DHPA) if the following conditions
are included in the lease:
1. The lessee must assure the city that the building will be
open to the general public at least 90% of the time (i.e.,
90% of normal operating hours). This is to assure that the
bond monies are spent for a public purpose.
2. The City must assume maintenance and oneration of the
building on an on-going basis. Again, this is to assure
that the building is maintained and the "private business"
is not involved. (Estimated cost for 1992-93 is $27/082;
estimated annual cost is $41/710)
3 .
All fees that
building rentals,
city.
are collected for touring the building or
for instance, must be turned over to the
If the City chooses to enter into a lease with DHPA, the lease must be
submitted with the grant application by the June 15, 1992 deadline and
is subject to review by the EBRPD General Counsel and, if necessary,
the District's bond counsel, for determination as to whether it
triggers the "private business use" provision.
Complete applications for Phase II projects are due June IS, 1992. In
order for an application to be considered complete, the following
information is required:
1. COIDDliance with the California Environmental Quality Act of
1970 (CEOA). Complete for Mape Park and Dublin Sports
Grounds; complete by June 12/ 1992 for Heritage Center.
2. Land Tenure Documentation; i.e. copies of deeds, title
insurance policies, leases, and joint powers agreements,
etc., that affect the project. Complete for Mape Park and
Dublin Sports Grounds; pending for Heritage Center.
3. DeveloDment Cost Estimate; including architectural,
engineering and inspection costs as well as construction
costs. Preliminary estimates developed for all projects.
.
.
4. Acquisition Schedule; including acreage, estimated date of
acquisition, estimated value of land to be acquired,
estimated value of improvement to be acquired, relocation
costs and total estimated costs. Not applicable for Mape
Park and Dublin Sports Grounds; Complete for Heritage
Center.
5. site and Location Maps; Le. a scaled site map showing the
major facilities and exterior boundaries of the area to be
developed with the grant and city, county or district map
showing project(s) location(s). Complete for all projects.
6. Source of Project Funds; including amount, type and source
of. funds, above the grant award, provided by the grant
applicant or other private or public sources. Pending
outcome of June 9, ~992 city Council Budget Hearing.
7. Photographs of Project site. Complete for all projects
Grant funds are not available for expenditure until an agreement
between the, East Bay Regional Park District and the grant applicant
has been signed by both parties. It is estimated that this will be
accomplished by mid-August.
In regards to the acquisition of the Heritage Center properties,
preliminary title reports have been obtained and the City Attorney has
developed the following documents;
1. Draft agreement to purchase the Old st. Raymond'S Church
from the Amador-Livermore Valley Historical society;
2. Draft escrow instructions for purchase of property from
Amador-Livermore Valley Historical society;
3. Draft agreement to purchase Dublin Cemetery from Dublin
Cemetery Inc.;
4. Draft escrow instructions for purchase of property from
Dublin Cemetery Inc.;
5. Draft "Donation of Murray Schoolhouse and Assignment of
Lease".
Copies of these documents as well as a memorandum from the city
Attorney are attached in Exhibit B.
The preliminary title reports indicate that there are deed
restrictions on two of the four parcels. The church property contains
a deed restriction which was imposed by the Catholic Bishop of Oakland
that restricts use of the property for religious services. In order
to make the church available for rental to individuals for religious
services such as weddings, the restriction would need to be removed.
Additionally, one of the cemetery parcels contains a deed restriction
which requires use of the property for "cemetery purposes". 'As the
parcel in question is the site of the schoolhouse, this restriction
will need to be removed as well.
The Amador-Livermore Valley Historical Society and the Dublin
Historical Preservation Association have completed their review of the
draft documents and are generally in agreement with the terms. The
Dublin Cemetery has not yet completed their review of the draft
agreement.
It is recommended that the City Council: 1) receive the report; 2)
determine a project(s) for the grant funds; and 3) direct Staff to
submit the application materials by the June 15, 1992 deadline.
.. il ..
.
EXHIBIT A
.
MEYERS, NAVE, RIBACK & SILVER
MICHAEL R, NAVE
STEVEN R. MEYERS
ELIZABETH H, SilVER
MICHAEL S, RIBACK
MICHAEl F. RODRIOUEZ
KATHLEEN FAUBION
FREDERICK S, ETHERIDGE
WENDY A, ROBERTS
DAVID W, SKINNER
STEVEN T, MATTAS
A PROFESSIONAL LAW CORPORATION
PENINSULA OFFICE
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN LEANDRO, CAliFORNIA 94577
TELEPHONE: (510) 351-4300
FACSIMILE: (510) 351-4481
1220 HOWARD AVE, SUITE 250
BURLINGAME, CA 94010-4211
TELEPHONE: (415) 348-7130
FACSIMILE_ (415) 342-0886
MEMORANDUM
OF COUNSEL
ANDREA J, SALTZMAN
REPLY TO:
San Leandro
TO:
Diane Lowart
Recreation Director
DATE: May 11, 1992
FROM:
Elizabeth H. Silver
City Attorney
RE:
Heritage Center: Use of Bond Proceeds for "Private
Business Use"
I have reviewed the Procedural Guide for the Regional Open
Space, Wildlife, Shoreline and Parks Bond Ordinance Local Grant
Program issued by the East Bay Regional Park District. I also
spoke with Susan Williams, Grants Specialist with EBRPD,
regarding the use of bond monies to purchase and renovate the old
Murray School. I have not independently researched the Internal
Revenue Code.
The 1986 amendments to the Internal Revenue Code apparently
eliminate the tax exempt status of bonds if more than 10% of the
total issuance can be used for "private business use." The EBRPD
issuance is $225,000,000 and1 thus1 no more than $221500,000 can
be used for "private business use" or the bonds will lose their
tax exempt status. The EBRPD has entered into leases for grazing
of open space lands, which are considered a "private business
use" of the open space property, As such, the District must be
particularly careful that the 10% limitation is not exceeded.
The District therefore carefully screens all applications to
determine if there is any potential for "private business use"
and, if there is, such applications will apparently be less
likely to be approved.
The City could qualify for bond monies and lease the old
Murray School to the Dublin Historic Preservation Association if
the following conditions are included in the lease:
'" f "
.
.
DATE:
PAGE:
Diane Lowart
Elizabeth H. Silver
Heritage Center: Use of Bond Proceeds for "Private
Business Use"
May 12, 1992
2
TO:
-FROM:
RE:
~. The lessee must assure the city that the building
will be open to the general public at least 90% of the time
(i.e., 90% of normal operating hours). This is to assure that
the bond monies are spent for a public purpose.
2.
the building
the building
involved.
The City must assume maintenance and operation of
on an on-going basis. Again, this is to assure that
is maintained and that "private business" is not
3. All fees that are collected for touring the
building, for instance, must be turned over to the city.
It is my understanding that if the lease with DHPA includes
these provisions, the fact that the City leases the building to
DHPA will not trigger the "private business use" provision of the
tax laws. The lease must be submitted with the grant application
and is subject to review by the EBRPD General Counsel and, if
necessary, the District's bond counsel, for a determination as to
whether it triggers the "private business use" provision.