HomeMy WebLinkAboutMINUTES - 08192008 - C.4 TO: BOARD OF SUPERVISORS ` •, '; Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIREC"I'OR = Costa
DATE. August 19, 2008 ;. cP~~�o
County
SUBJECT: Utility Agreement between Contra Costa County and Comcast California IV, Inc. (Comcast), in the.
Oakley area, (Comcast Funds), (District V)
Co. Project No.: 0662-6R4043-02; Federal Project No.: BRLS 5928 (024)
SPECIFIC REQUI:ST(S)OR REC'OMMI.:NDA'TION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute Utility Agreement No. 04-UT-006
between Contra Costa County and Comcast California IV, Inc effective August 19, 2008 through completion of
project in the amount of$74,100 to fund the installation of conduits for the relocation of cable TV facilities to
accommodate the Bethel Island Road Bridge Replacement project, Oakley area.
AUTHORIZE the Chair of the Board of.Supervisors to execute the Utility Agreement.
CO TINUED ON ATTACHMENT: ❑x SIGNATURE:
RECOINNIENDATI0N OF COIN rY.%D[IINIS"1'R:\TOR RE.COn1NIENUATION OF 110AR6 CONMNIITTE
APPROVE, OTHER
SIGNXITRF.(S):
AC ION OI-BOARD ON �7 a?-AW APPROVF-D AS RLCOMME, DED ✓ OTIILR' '
VOTE OF SUPERVISORS: I 1-11REBY CE'R'TIFY THAI"TIIIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND EN'I P_RFD ON
UNANIMOUS(ABSLN 1• ) MINUTES 01; THE BOARD 01 SUPERVISORS ON THE
Al'I::S: NOES:
DATE SHOWN.
ABSFN'T: ABSTAIN:
Contact: Neil Lean,Design 313-2278
NI.:kg:kp
G:\Design\13OARD ORDLRY0008\130 8-19-2008 Comcast BIB.doc. ATTESTED �T�9j a2aD�
JOHN Cl LEN,CLERK OF TI IE BOARD 01'
SUPERVISORS
cc: -Auditor-Controller
E.Kuevor-CAO
M.I loll ingsworth,Design
N.Leary.Design BY: DEPUTY
C.Ravnolds,Accountina,
'SUBJECT: Utility Agreement between Contra Costa County and Comcast California IV, Inc. (Comcast), in the
Oakley area, (Comcast Funds), (District V)
Co. Project No.: 0662-6R4043-02; Federal Project No.: BRLS 5928 (024)
DATE: August 19, 2008
PAGE: 2 of 2
FISCAL IMPACT:
There will be no impact to the General Fund. The estimated cost to install the conduits for cable facilities to be
owned and maintained by Comcast is $74,100. All costs associated with this work will be paid for by Comcast.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The County plans to replace the Bethel Island Road Bridge over Dutch Slough which connects Bethel Island to the
Oakley area. Comcast owns and maintains cable facilities within the limits of the County's plan for the bridge
replacement project. The proposed bridge is planned to be constructed in the same approximate location of the
existing bridge requiring the relocation of Comcast's cable facilities to accommodate the County's project.
'Chis agreement provides for the installation of conduits in the new bridge and approach roadways for future cable
facilities. This agreement also provides for the installation of utility facilities appurtenant to the conduits including
utility boxes.
The existing communication facilities are located within the County's right of way under franchise agreement and
will be relocated at Comcast's expense pursuant to the provisions of Section 6297 of the Public Utilities Code.
CONSEQUENCES OF NEGATIVE ACTION:
If the agreement is not approved, the implementation of the project may be delayed so that Comcast can hire a
contractor to install the conduits themselves. If the conduits are not installed by the County's contractor,the bridge
construction time will need to be increased to allow Comcast's forces a sufficient window of time to install these
facilities during the bridge replacement contract.
Page ] of 5
Dist. 04 Co. CC Rte 0 KP(P.M.) CR EA 928132L
Federal Aid No.: BRLS-5928(024)
Owner's File: Comcast of California IV,Inc
FEDERAL PARTICIPATION: On the Project Q Yes ❑No
On the Utilities ❑ Yes ONo
UTILITY AGREEMENT NO.: 04-UT-006 DATE:
The County of Contra Costa, a political subdivision of the State of California, hereinafter
referred to as "COUNTY," is replacing the Bethel Island Road Bridge over Dutch Slough which
connects Bethel Island to the Oakley area,hereinafter referred to as "PROJECT". COMCAST of
CALIFORNIA IV, a California corporation, hereinafter called "OWNER," owns and maintains
utility (cable) facilities within .the limits of COUNTY's plan for the. PROJECT. To
accommodate the PROJECT and at OWNER'S request, COUNTY shall install pipe conduit and
appurtenant structures within the new bridge structure and reconstructed approach roadways.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 004 dated August 9, 2007, COUNTY shall install one
100-mm :(four-inch) diameter rigid steel pipe conduit for future cable facilities (approximately
275 in in length) within the new bridge structure and various groupings of 50-mm (two-inch) and
100-mm (four-inch) diameter high density plastic conduits in joint trench including utility boxes
in the approach roadways (hereinafter collectively referred to as "CONDUIT") as shown on
COUNTY's contract plans for the replacement of Bethel Island Road Bridge, EA 928132L,
which by this reference are made a part hereof.
In accordance with Notice to Owner No. 004 elated February 5, 2008, OWNER shall 1) Relocate,
at their own cost and in coordination with COUNTY's PROJECT schedule; all their-existing
utility facilities in conflict with the COUNTY'S PROJECT that are within COUNTY road right
of way under franchise agreement; and 2) Provide to COUNTY plans and specifications for
incorporation of CONDUIT into PROJECT.
Deviations from the plans described above initiated by either the COUNTY or the OWNER,
shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised
Notices to Owner, approved by the COUNTY and agreed to/acknowledged by the OWNER, will
constitute an approved revision of the plan described above and are hereby made a part hereof.
No work under said deviation shall commence prior to written agreement/acknowledgement by
the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an
amendment to this Agreement in addition to the Revised Notice to Owner.
It is mutually agreed that the COUNTY will include the work of CONDUIT as part of the
COUNTY's bridge construction contract. OWNER shall have the right to inspect the work
Page 2 of 5
UTILITY AGREEMENT NO.
04-UT-006
during construction.. Upon completion of the work by COUNTY, as determined by the
COUNTY in its sole discretion, OWNER agrees to accept ownership and maintenance of
CONDUIT. .
Owner's acceptance of CONDUIT shall not be unreasonably withheld or delayed upon
completion of construction by COUNTY. If OWNER does .not approve or disapprove
CONDUIT within ten working days of written notice to OWNER of COUNTY's completion of
CONDUIT work, the CONDUIT will be deemed approved by OWNER.
II. LIABILITY FOR WORK
The existing utility (cable) facilities are located within COUNTY's right of way under franchise
agreement and will be relocated at OWNER's expense pursuant to the provisions of Section
6297 of the Public Utilities Code.
OWNER will pay COUNTY for costs incurred by COUNTY in incorporating the CONDUIT
work into County's PROJECT including construction of CONDUIT. These costs include, but
are not limited to the cost of materials, labor, design and construction engineering, overhead,
mark-ups, and change order fees. An estimate of costs.is provided in the attached Exhibit A-1
but the final costs may be higher or lower and will be determined as follows:
1. The cost of materials and labor for installing the CONDUIT will be based upon the
amount listed for those items in the contract of the bidder who is ultimately awarded
the PROJECT.
2. The cost of construction engineering for the CONDUIT will be 15% of the total cost
listed for CONDUIT in the contract of the bidder who is ultimately awarded the
PROJECT.
3. The cost of design engineering for the CONDUIT will be 10% of the total cost listed
for CONDUIT in the contract of the bidder who is ultimately awarded the
PROJECT.
4. Change order fees, if any, related to CONDUIT.
5. Actual cost of any additional work not covered in the contract bid, including field
supervisor costs.
Page 3 of 5
UTILITY AGREEMENT NO.
04-UT-006
III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the CONDUIT work to be performed by COUNTY,
for the purpose of inspection to ensure that the work is in accordance with the specifications
contained in the COUNTY'S contract plans for the replacement of Bethel Island.Road Bridge,
EA928132L; however, all questions regarding the work being performed will be directed to
COUNTY's Resident Engineer for the PROJECT.for their evaluation and final disposition.
COUNTY agrees to cause the. herein described work to be performed by a contract with the
lowest responsible bidder who will be subject to prevailing wage requirements and be selected
pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished all
necessary labor, materials, tools, and equipment required therefore, and to prosecute said work
diligently to completion.
COUNTY shall verify compliance with the prevailing wage requirements with this requirement
in the administration of-its contracts referenced above.
IV. PAYMENT FOR WORK
After COUNTY opens bids for the PROJECT, OWNER will advance to COUNTY a sum of
money equal to the costs for the CONDUIT as outlined in Section II of this agreement based
on the bid submitted by the responsible low bidder for the PROJECT. OWNER will deposit
such advance with COUNTY within 30 days after COUNTY gives OWNER notice of such
amount. In the event the COUNTY awards the PROJECT contract to a different bidder, the
following shall apply: (1) If the costs for the CONDUIT in the successful bidder's contract
are less than the amount of O.WNERS's deposit, or no greater than 10% more than the
amount on deposit with the COUNTY, no adjustments to OWNER's deposit will be made
until the PROJECT has been completed and accepted by COUNTY; (2) If the costs for the
CONDUIT in the successful bidder's contract are greater than 10% above the amount on
deposit.with the COUNTY, OWNER will advance 100% of the difference within 30 days
after COUNTY gives OWNER notice of such amount.
In the event actual final construction costs as established herein are less than the sum of
money advanced by OWNER to COUNTY, COUNTY agrees to refund to OWNER within
90 days of the acceptance of the CONDUIT work the difference between said actual cost and
the sum of money so advanced. In the event actual cost of CONDUIT exceeds the sum of
money advanced to COUNTY pursuant to Section IV, "Payment For Work", of this
Agreement, OWNER agree& to reimburse COUNTY said additional costs within 30 days
after receipt of an itemized bill. COUNTY shall reimburse OWNER for any interest accrued
on their initial deposit less COUNTY'S cost to process the interest payment.
Page 4of5
UTILITY AGREEMENT NO.
04-UT-006
V. GENERAL CONDITIONS
Termination. This Agreement may be terminated (1) by COUNTY fallowing 7 days' advance
written notice to OWNER of cancellation or modification of the PROJECT that eliminates the
necessity of CONDUIT work; (2) immediately by the mutual written consent of the governing
bodies of both parties; or (3) by COUNTY in the event of any breach of this agreement by
OWNER following 15 days' advance written notice to OWNER if the breach is not cured within
the 15 day period. OWNER shall still be obligated to pay COUNTY for all of the costs
associated with the CONDUIT that were incurred by COUNTY up through the date of
termination including COUNTY'S costs to remove'CONDUIT work from .the PROJECT by
change order. If OWNER has already deposited with COUNTY the estimated costs of the
CONDUIT, COUNTY may deduct its CONDUIT associated costs from the deposit and return
the balance to OWNER.
Notices. All notices (including requests, demands, approvals or other communications) under
this Agreement shall be in writing.
A. Notice shall be sufficiently given for all purposes as follows:
1. When delivered by first class mail, postage prepaid, notice shall be deemed
delivered three (3)business days after deposit in the United States Mail.
2. When mailed by certified mail with return receipt requested, notice is
effective on receipt if delivery is confirmed by a return receipt.
3. When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after deposit
with that courier.
4. When personally delivered to the recipient, notice shall be deemed delivered.
on the date personally delivered.
B. The place for delivery of all notices, given under this Agreement shall be as
follows:
COUNTY:
Contra Costa County, Public Works Department
Attn: Julia R. Bueren,Director
255 Glacier Drive
Martinez, CA 94553
OWNER:
Comcast of California IV, Inc.
Attn: Lee Gouveia, Field Engineer
2500 Bates Avenue
i
Page 5 of 5
UTILITY AGREEMENT NO.
04-UT-006
Concord, CA 94520
or to such other addresses as COUNTY and OWNER may respectively
designate by written notice to the other.
Retention of Cost Information.. As this is a federal aid project, 23CFR 645, concerning federal
reimbursement for utility relocations, is hereby incorporated into this Agreement. Pursuant to
this provision, detailed records of the PROJECT costs shall be retained.by the COUNTY for
three years from the date that thei COUNTY submits its final invoice to the California
Department of Transportation, and shall be available for audit in accordance with audit principles
and standards as set forth in 48 CFR, Chapter 1, Part 31 by COUNTY, state and/or federal
auditors.
THE ESTIMATED COST TO COUNTY FOR ITS SHARE OF THE ABOVE-DESCRIBED WORK IS 0.00
IN WITNESS WHEREOF,the above parties have executed this Agreement the day and year above written.
COUNTY OF CONTRA COSTA: OWNER: o�mcast of alifomia IV,a California
corporation f
By / By
Federal Glover,Chair Date Printed Name: Date
Board of Supervisors Le— ..:1�-,�
Title: C—"–
ATTEST:
By 9 •
ohn Cu n,County dministrator Date
Clerk of the Board of Supervisors
APPROVAL REC NDED-
By
�R Julia R.Bueren Date
Public Works Director
FORM APPROVED:
Silvano B.Marchesi
County Counsel
By
Deputy
G.Design\Correspondence\CURRENT PROJECTS\Bethel Island Bridge Replacement\Utilities\Comcast\Utility.Agreement-Comcast(006-version 2)dot
EXHIBIT A-1
Estimated Construction Costs for "CONDUIT" for Comcast
Item Amount Unit Unit Price % Share** Total
1 . 100 mm Rigid Steel 275 M. $165 100% $45,375
Conduit (Bridge, for cable
TV)*
2. Utility Trench (Ob) 30 M . $300 42% 3,780
3. Utility Trench (Oe) 69 M' $300 42% 8,694
4. Utility Pull Box (610mm 2 EA $700 100% 1,400
x1220mm x 460mm)
Total Estimated Contract $59,249
Cost =
Construction Engineering = $8,887:
(15% Contract Cost)
Subtotal Construction Cost $68,136
Design Engineering (10% Contract Cost) = $5,925.
TOTAL Construction Cost (Rounded) _ $74,100
* Includes pipe,hangers/supports in bridge
** Item Nos. 2 and 3 are Joint Trench with PG&E. PG&E is responsible for the
remaining share of these items.
Z:\GrpData\Design\Correspondence\CURRENT PROJECTS\Bethel Island Bridge Replacement\Utilities\Comcast\Exhibit A-1 Utility
Agreement.doc