FISCAL IMPACT:
This project is funded by 100% Local Road Funds.
BACKGROUND:
On March 7, 2017, the Board of Supervisors declared an emergency and authorized the Public Works Director to proceed in the most expeditious manner to repair the damaged portion of Morgan Territory Road, approximately one mile south of Marsh Creek Road. The road was damaged as a result of rains in January and February that triggered a landslide causing significant earth movement across the road.
The triggering storm events were cited in both Federal and State emergency declarations.
The Contra Costa County (County) Public Works Department obtained a Right of Entry Permit from State Parks for the Morgan Territory Road Slide Repair Project (Project) in order to install permanent subsurface tieback soil anchors and to access State Parks land during construction to complete work associated with the planned road repairs. The Permit served as interim until a permanent Easement could be secured from the State. As a condition of the Easement Deed, the County is required to indemnify and hold harmless the State, its officers, directors, agents, and employees (Indemnitees) from and against any and all claims that arise from the work covered by the Easement, unless the claim arises from the sole negligence or willful misconduct of the Indemnitees.
CONSEQUENCE OF NEGATIVE ACTION:
Failing to comply to Right of Entry prerequisites, Contra Costa County would not hold easement rights.