The Contra Costa County Public Works Department (County) is required to obtain a Temporary Construction Easement and Agreement with EBMUD for the Project in order to construct the Project improvements. The Project will repair a stretch of the northbound Happy Valley Road, approximately 0.2 miles southeast of the intersection of Happy Valley Road and Bear Creek Road, that washed out during 2017 storm events. The Project will reconstruct the northbound lane and restore two-way traffic to this portion of Happy Valley Road. The Project will require installing approximately a 65-foot long soldier pile retaining wall on the east side of the roadway within the limits of the existing road right of way to support the reconstructed roadway. A narrow temporary easement of 65 feet by 11 feet is needed from EBMUD directly adjacent to road right of way on the east side for access to construct the proposed improvements. An equipment and materials staging area of 107 feet by 140 feet will also be needed on EBMUD’s parcel located on the west side of the road, across from the slide area, requiring a temporary construction easement.   
  
Under the Agreement, the County must defend, indemnify, and hold harmless EBMUD and its Directors, Board Members, officers, agents, and employees from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees, arising out of or resulting from Grantee, its associates', employees', subcontractors’, or other agents' negligent acts, errors or omissions, or willful misconduct, in the operation and/or performance under the Agreement.

The County will not be able to implement the Project and construct the repair.