HomeMy WebLinkAboutMINUTES - 08041998 - C1-C4 TO BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: August 4, 1998
SUBJECT: Approve and Authorize the Public Works Director to Execute a License Agreement with the
Department of the Navy for a Temporary Construction Easement on the Naval Weapons
Station Property, Concord Area.
Project No.: 0662-6R4249-96
Specific Request(s) or Recommendation(s) & Background & Justification
Io RECOMMENDED ACTION:
Approve and Authorize the Public Works Director to execute a license agreement with the
Department of the Navy for a temporary construction easement on the Naval Weapons Station
property, Concord area.
11. FINANCIAL IMPACT:
Without the detour road around the project site, construction of the bridge replacement will be
protracted and more costly.
Continued on Attachment: x SIGNATURE: _
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ON � I c1q Y AMOVED AT RECOMMENDED 7L OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ASSENT
AYES: NOES: I hereby certify that this Is a true and correct
ABSENT: ABSTAIN:-- _ copy of an action taken and entered on the
- - minutes of theizazz'�/
. pard of Supervisors on tete
d�rTg date shown.
g,ldesign%B0Wcense Agree 8.4.9 I"
8.doc
ATTESTED:
Ong.Div: Publlcworke(Design Nvfaion) PHIL B.ATdiE 6R Clerk of the Board
Can Henry filncY!(3<.3-;1396) of S ervts 7 ind C �r y Ad inistrator
c^ PwAcccur}ting
8.Kawalawak±,Trsnap.Eng. y --Deputy
SUBJECT: Approve and Authorize the Public Works Director to Execute a License Agreement with
the Department of the Navy for a Temporary Construction Easement on the Naval
Weapons Station Property, Concord Area
[SATE. August 4, 1998
PAGE, 2
III, REASONS FOR RECO►MMENDATIONIBACKGROUND:
To efficiently move traffic around and through the construction area during replacement of the
Bailey Road bridge, a temporary detour road is planned on Naval Weapons Station property.
IV. CONSEQUENCES OF NEGATIVE. ACTION:
Construction of the Bailey Road bridge replacement will become more complicated, and traffic will
be impacted along Bailey Road in the vicinity of the project during its construction.
LICE€ SE`F )R NONFEDERAL USE OF REAL PROPERTY
NAVFAC I IBII/29(G-73)(S (S NavD0CJa2260) LICENSE NUMBER
THIS LICENSE TO USE THE US.GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE WPNSUPPFAC SB DET CONCORD
DEPA:'TMENT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PLMX)SE HEREIN SPECIFIED CONTRA COSTA COUNTY
LT ON THE TERMS AND CONDITIONS SET FORTH BELOW AND TTiE GENERAL PROVISIONS ON THE FY96..1
REVERSE SIRE HEREOF. BY TTIE EXECUTION HEREOF THE LICENSEE AGREES To COMPLY WnH ALL
SUCH TERMS,CONDITIONS AND GENERAL PROVISIONS.
I. NAVAL ACrVTIY .lac&dcn) 2.DATES COVERED (friah& ve)
WEAPONS SUPPORT FACILITY S.B.DET CONCORD FROM 4/9199 TO 3/31/2000
S. DESCRWnON OF PROPERTY(Inch mom d h Whets aPP Pr+
A parcel of land contiguous to the North side of Bally Road, approximately 70 feet wide by 450 feet long.
Located as shown on Attachments A and B.
#. PURPOSE OF LICENSE
To allow construction of a temporary detour road during the construction of a new Bally Load bridge over
Diablo Creek as per Contra Costa letter dated 22 Apr 96.
S. LICENSOR sa. LOCAL REPRESEN MATTVTE,DEPT'.OF NAVY OFFICIAL CTitle and addseaa)
UNITED STATES OF AMERICA RICHARD W. PIEPER, FACILITIES DIRECTOR
DEPARTMENT OF THE NAVY WPNSUPPFAC SEAL BEACH CHET CONCORD
8. LICENSEE 6V ww amd a"d es) Ga LOCAL REPRESENTATIVE (N&meAndAdarcW
Contra Costa County
255 Glacier Drive
Martinez, CA 94553 Henry Finch, Project Engineer (510) 313-2316
7. CASH PAYMENT BY LICENSEE(Payable is advance)
(I#no cash a .& enter t mw'rander riern 7&Amount9
a. MWONT FISa b. FREQUENCYFIRST DUE DATE TOeAnd M25=77MO Irpre.&Wtiffft
payment) cAYN ENT5 DUE �
NONE
8. DEPOSIT'FOR LTI`HXI IES AND SERVICES(Payable in advance)
(Ifato cash psymentis enter Nonel anderitem go Amotmt}
a. AMOLW- r(Escla b. FREQUENCY c. FIRST DLT DATE d. TO(MA' n )
,psyn—d) PAY HEN S,DLT
NONE
9. INS/TRANCE REQUIRED AT EXPENSE OF LICENSEE
(li'mt oral!insararace have been umiyed enter Wore"in a h c ar d as s riatr�
TYPE MINIMUM AMOUNT `TYPE MINIMUM AMOUNT
a SIRE AND rXIENDED c. THIRD PARTY PERSONAL
COVERAGE $ N/A RPURY PER PERSON $ ,p0,000
b. T`€iIRi7 PARTY d. THIRD PARTY PERSONAL
PROP£RTYDAMAGE $ INJURYPER ACCIDENT $ 3�O,fl4t3
10. GENERAL PROVISIONS(,See Rev==Md,-)
See Attachment C for Special Provisions required.
-- - 11. EXECUTION OF LICENSE
FOR. BY DATE
NAME AND TITLE(D22E2 SIGNATURE
DEPARIMENT F. L.. GODDARD
OF TIE Public Works Director
NAVY
LICENSEE
XX X
If Licensee is a Corporation, Certification of signature'is attached �
10,GENERAL PROVISIONS
a, The Licensor hereby grants to the Licensee the right to use the damage,the Licensee shall effect such repair,rebuilding or replacement
premises or Whites described in item 3,together with the necessary if required so to do by the Licensor,and such excess of cost shall be
rights of ingress and egress- reimbursed to the Licensee by the Licensor.In the event the Licensee
b.This License shall be effective for the period stated in item n and shall have effected any repair, rebuilding or replacement which the
is revocable at any time without notice at the option and discretion of Licensee is required to effect pursuant to this paragraph,the Licensor
the Licensor or its duly authorized representative. shall direct payment to the Licensee of so much of the proceeds of any
insurance carried by the Licensee and made available to the Govern-
ment on account of loss of or damage to any item or part of the
d.This License shall be neither assignable nor transferable by the premises or facilities as may be necessary to enable the Licensee to
Licensee. effect such repair,rebuilding or replacement.In event the Licensee shall
e. If utilities and services are furnished the Licensee for its use of not have been required to effect such repair,rebuilding,or replacement,
the premises the Licensee shall reimburse the Licensor for the cost and the insurance proceeds allocable to the loss or damage which has
thereof as determined by the Licensor in accordance with applicable created the need for such repair,rebuilding or replacement have been
statutes and regulations. paid to the Licensee. the Licensee shaii promptly refund to the
Licensor the amount of such proceeds.
E The Licensee, at its own cost and expense,shall protect.main-
tain,and keep in good order,the premises or facilities licensed hereby. i. The Licensee shall indemnify and save harmless the Government,
At the discretion of the Licensor this obligation shall inciude,but not its officers,agents,servants and employees from,all liability under the
he limited to, contribution toward the expense of long-term main- Federal Tact Claims Act(n?Stat.869,982;28 US.C.See 2671,3580)
tenance of the premises or facilities, the necessity for which accrued or otherwise,for death or injury to all persons,or loss or damage to the
during the period of Licensee's use.The amount of expense to be borne property of all persons resulting from the use of the premises by the
by the Licensee shall be determined by prorating the total expense of Licensee,and shall furnish the insurance specified in[tern 9.Each policy
the item.of long-terns maintenance on the basis of fractional use by the of insurance required in Item 9 covering bodily injuries and third party
Licensee. This fracdoill part of the total expense shall be prorated property damage shall contain an endorsement reading substantially as
further"'the item of song-terns maintenance did not accrue in its entirety follows:
during file Licensee's use. Upon a determination by the Licensor that "The insurer waives any right of subrogation against the United
the necessity exists for an expenditure of funds for maintenance,protec- States of America which might arise by reason of any payment made
tion, preservation or repair, the Licensee shall pay to the Licensor its under this policy."
proportionate share,on demand. j. All insurance required by this License shall be in such form,for
g. No additions to,or alterations of,the premises or facilities shall such periods of time, and with such insurers as the Licensor may re-
be made wiihout the prior consent of the Licensor.Upon revocation or quire or approve.A certificate of insurance or a certified copy of each
surrender of this License, to the extent directed by the Licensor,the policy of insurance taken out hereunder shall be'deposited with the
Licensee shall remove all alterations, additions, betterments and Licensor's local representative prior to use of the premises and facihties.
improvements made,or installed,and restore the premises or facilities The Licensee agrees that not less than thirty (30) days prior to the
to the same.or as good condition as existed on the date of entry under expiration of any insurance required by this License,it ws11 deliver to
this License,reasonable wear and tear excepted. the Licensor's local representative a certificate of insurance or a certi.
It.The Licensee shall be liable for any loss of, or damage to,the fled copy of each renewal policy to cover the same risks.
premises or facihties incurred as a result of its use and shall make such k. No member of or Delegate to Congress,or Resident Comrms-
restoration or repair,or monetary compensation as may be directed by sioner shall be admitted to any share or part of this License or to any
the Licensor.The Licensee's liability for loss or damage to the premises benefit that may arise therefrom-, but this provision shall not be con-
resulting from risks expressly required to be insured hereunder shall not strued to extend to this License if made with a corporation for its general
exceed the amount of insurance so required.The Licensee shall not be benefit.
liable for loss of,or damage to,the premises arising from causes beyond 1. The Licensee warrants that it has not employed any person to
,he cantroi of the Licensee and occasioned by a risk not in fact covered solicit or secure this License upon any agreement for a commission,
by insurance and not customarily covered by insurance in the locality percentage,brokerage or contingent fee,Breach of this warranty shaii
in which the premises are situated.Nothing contained herein,however, give the Government the right to annul this License or in its discretiort
shall relieve:he Licensee of liability with respect to any loss or damage to recover from the Licensee the amount of such commission,percent-
to the premises,not fully compensated for by insurance,which results age,brokerage or contingent fee in addition to the constderatign herein
from willful misconduct,lack of good faith,or failure to exercise due set forth.This warranty shall not apply to commissions payable by the
diligence, on the part of the Licensee. All insurance required of the Licensee upon contracts or sales secured or made through bona fide
Licensee on the premises shall be for the protection of the Licensor and established commercial or selling agencies maintained by the Licensee
the Licensee against their res^ec=ive risks and liabilities in connection fcr the purpose of securing business.
with the premises. Each policy of insurance against loss or damage to n, In connection with the performance of work'under this License,
Government property shall name the Licensee and the United States of p
America. Department of the Navy, as the insured and shall contain a the Licensee agrees not to discriminate against any employee or_ppli-
loss payable clause reading substantially as follows: cant for employment because of race,religion,color,or national origin.
"Loss, if any, under this policy shall be adjusted with(Name of The aforesaid provision shall 'include, but not be limited to, the
Licensee) and the proceeds, at the direction of the Government, following: employment,upgrading;demotion,or transfer;recruitment
shall be payable to(Name of Licensee), and proceeds not paid to or recruitment advertising-,layoff or termination.rates of pay or other
(Name of Licensee)shall be payable to the Treasurer of the United forms of compensation:and selection for training,including apprentice.
States of America." ship,The Licensee agrees to post hereafter in conspicuous places avail-
In the event that any item or part of the premises or facilities shall able for employees and applicants for employment,notices to be pro-
require repair,rebuilding or replacement resulting from loss or damage, vided by the Licensor setting forth the provisions of the nondiscrimina-
the risk of which is assumed under this paragraph It,the Licensee sha11 tion,clause.The Licensee further agreeste Insert the foregoing provision
promptly give notice thereof to the Licensor and,to the extent of its in all subcontracts hereunder, except subcontracts for standard com-
liability as provided in this paragraph,shall,upon demand,either com- merical supplies or raw materials.
pennate the Government for such lass or damage,or rebuild,replace or n. All activities authorized hereunder shall,be subject to such rules
repair the item or nems of the premises or facilities so lost or damaged, and regulations as regards supervision or otherwise,as may,from time
as the Licensor may elect, If the cost of such repair, rebuilding,or to time, be prescribed by the local representative of the Licensor as
replacement exceeds the liability of the Licensee for such loss or designated in Item 5a.
NAVFAC 11011123 i$-751 (Rack)
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 4, 1998, by the following vote:
AYES: Supervisors UilkeTma, Gerber, DeSaulnier, Cancian,ilia and Rogers
NOES: Done
ABSENT: Mone
ABSTAIN: None
SUBJECT: Ratify previous permission by the Public Works Director to completely close a
portion of Minnesota Avenue, for the purpose of reconstructing Minnesota.Avenue
and undergrounding of utilities,Brentwood area. (RC 98-13)
The Public Works Director having reported that prior approval has been granted to SPA L.
Builders, LLC to completely close Minnesota Avenue,except for emergency traffic,on Wednesday,
July15, 1998 — December 1, 1998, for the period of 24 hours a day, subject to the following
conditions:
L Traffic will be detoured via neighboring streets per approved plan.
2. All signing to be in accordance with.the State of California Manual of Traffic Controls,
3. Spa L. Builders, LLC shall comply with the requirements of the Ordinance Code of Contra
Costa County.
4. Provide the County with a Certificate of Insurance in the amount of $1,000,000 for
Comprehensive General Public Liability,which names the County as an additional insured
prior to permit issuance.
5. Obtain approval for the closure from the Sheriff's Department,the California Highway Patrol
and the Fire District.
IT IS BY THE BOARD ORDERED that the action taken by the Public Works Director is
approved.
sx:mw ! hereby certify that this is a true and correct
GAGrpData\EngSroc\B0'a08-4.doc copy of an action taken and entered on the
rn#nutes of the Board of Supervisors on the
originator: Public Works(APC} date shC7U11no 1
Contact. Bob Hendry(645-3607) P A
cc: Clip ATT; S1'
Sherif Patrol Div.Commander PHIL�t�TCHdL . CiOT 4 of the Board
ofd BrV�}rs an C linty Administrator
) { j Deputy
t
r
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: AUGUST 4, 1998
SUBJECT; STATE ROUTE 4 EAST PROJECT- BAILEY ROAD TO
RAILROAD AVENUE - PITTSBURG AREA
Project No.: 4660-6X4258 Task No. ACQ Aunt No. 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(5)&BACKGROUND ANIS JUSTIFICATION
Ie Recommended Action:
A. APPROVE Permit to Enter dated July 21, 1998, from Tim J. and Valarie Lawrence.
B. AUTHORIZE the Public Works Director to execute said permit on behalf of the County.
C. APPROVE payment for said property rights and AUTHORIZE the Auditor-Controller to issue
a check for $500 payable to Tire J. Lawrence and Valarie Lawrence, 162 Versailles Place;
Pittsburg, CA., 94565, to be forwarded to Real Property for delivery,
If. FlnancialImpact:
Payment totaling $500 from Contra Costa Transportation Authori Junds.
Continued on Attachment: X SIGNATURE,
® RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—
—APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON , 1� APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT --
AYES: NOES:
ABSENT: ABSTAIN
NW:gpp I hereby certify that this is a true and correct
G:iGrpDatalReelPropl98-8\BOA8-4.dcc copy of an action taken and entered on the
Orig.Div: Public Works(R/P) I minutes of the Board of Supervisors on the
Contact: Nancy(313-2227) date shown. ;?
cc: County Administrator
Auditor-Controller(via R/P) ATTESTED:
PHIL B,-An EI. , Clerk of In, Board
P.W.Accounting i of rvlsa t I,rty Administrator
Recorder{via F2/P} I � t p;
By � � ' Deputy
Ill. Reasons for Recommendations and Background:
The Route 4 East Project is a cooperative effort between the California Department of
Transportation (Caltrans), the Contra Costa Transportation Authority (OCTA), the Federal
Highway Administration (FHWA), the Metropolitan Transportation Commission (MTC), City of
Pittsburg and Contra Costa County. This project is planned to improve the Route 4 corridor,
expanding the segment from Bailey Road to Railroad Avenue from the current four mixed-flaw
lanes to six mixed-flow lanes plus two new high occupancy vehicle (HOV) lanes. The median
will also be widened to accommodate passible future transit use. The above-referenced
property rights are required to test soil for aerially deposited lead.
IVa Consequences of Negative Action:
The project will not have sufficient land rights to conduct testing in order to determine whether
hazardous materials are present within the project area.
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: August 4, 1998
SUBJECT: Contract Award Recommendation: Newell Avenue Pathway-Phase 2 Project,
Project No. 0662-6R4101-98, Walnut Creek area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECONVITMENDED ACTION:
AWARD the contract for furnishing labor and materials for the subject project to Vargas & Esquivel
Construction, Inc., the low bidder, in the amount of $64,954.00 and at the unit prices submitted; and
REQUIRE the contractor to present surety bonds for Payment and Faithful performance in the amounts of
$32,477.00 and $64,954.00, respectively.
DIRECT the Public Works Director to prepare the contract for the project.
AUTHORIZE the Public Works Director to sign the contract on behalf of the Board subject to the Director
having reviewed and found sufficient all required documents,includin e contract signed by the contractor,
the aforementioned surety bonds, and a certificate of insurance.
Continued on Attachment: X SIGNATURE:
IMCOMNIENDA110N
1
l
RECOMMENDATION OF BOARD COMMITTEE
�—APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD O I APPROVED AS RECOMMENDEDOTHER_
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
RB:tt
\1P W S i\SHARDATAIGRPDATA\CONST\BOINAP2-4-Tg.DOC
Orlg.Div.:PW(Constr) i hereby certify that this is a true and correct
Contact: Joseph J.Murphy(925)313-2320 copy of an action tcE en and entered can the
cc: County Adminlstrator minutes of the Board of Supervisors on the
Auditor-Controller
Public Works, date shown.1,-R.Bruno,Construction ATTc --i �:
-R.Gilchrist,Accounting
-Design PHIL SATC R, clerk of she Board
rransp. ricin. ( of em'i s and u tty Administrator
S.B.E.
703 Market St. j By { Deputy
Sart Francisco,CA 94103-1000
Contractor
(9 of 2)
SUBJECT: Contract Award Recommendation:
Newell Ave. Pathway-Phase 2 Project,
Project No. 0662-6R4101-98, Walnut Creek area.
BOARD BATE:August 4,1998
I. RECOMMENDED ACTION: (continued)
DIRECT that, in accordance with the project specifications and/or upon the execution of the contract by
the Public Works Director, any bid bonds posted by the bidders be exonerated and any checks or cash
submitted for bid security be returned.
Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public
Contract Code Sections 4107 and 4110 to the Public Works Director or his designee,
Pursuant to Section 6705 of the Labor Code, the Board also DELEGATES to the Public Works Director
or to any registered civil or structural engineer designated by him the authority to accept detailed plans
showing the design of shoring,bracing, sloping or other provisions to be made for worker protection during
trench excavating covered by that section.
DECLARE that, should the award of the contract to Vargas & Esquivel Construction, Inc. be invalidated
for any reason, the Board would not in any event have awarded the contract to the second listed bidder or
any other bidder,but instead would have exercised its discretion to reject all of the bids received. Nothing
herein shall prevent the Board from reawarding the contract to another bidder in cases where the successful
bidder establishes a mistake,refuses to sign the contract or fails to furnish required bonds or insurance(see
Public Contract Code Sections 5100-5107).
II. FINANCIAL IMPACT:
The project, including engineering and appropriate overhead charges, is funded by Transportation
Development Act(70%) and Road Funds (30%).
III. REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The;clans and specifications were approved and the project advertised for bids by the Board of Supervisors
on June 23, 1998. The bids were received and opened at 255 Glacier Drive, Martinez, California, on
Tuesday, July 28, 1998. The construction bids received were as follows
1. Vargas & Esquivel Construction, Inc. ............... ...... .....................$64,954.00
2. J.A. Gonsalves & Son Construction, Inc. ..............................................................$77,487.00
The Engineer's estimated construction cost was $48,425.00.
(2 of 2)