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Home My WebLink AboutMINUTES - 02141995 - 1.12 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: FEBRUARY 14, 1995 SUBJECT: APPROVE AND AUTHORIZE THE CHAIR, BOARD OF SUPERVISORS TO EXECUTE A RELOCATION/REIMBURSEMENT AGREEMENT IN THE AMOUNT OF $182,000 BETWEEN THE FLOOD CONTROL DISTRICT AND SANTA FE PACIFIC PIPELINES, INC. FOR A UTILITY RELOCATION, WILDCAT CREEK CHANNEL IMPROVEMENTS PROJECT, NORTH RICHMOND AREA. Project No.: 7527-6D8603 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute a relocation/reimbursement agreement with SFPP, L.P., whose sole general partner is Santa Fe Pacific Pipelines, Inc., for the relocation of a petroleum products pipeline for the Wildcat Creek Channel Improvements Project in the North Richmond area. II. Financial Impact: The total relocation cost is $182,000.00, 70% of which is reimbursable from the California Department of Water Resources. The local share of$54,600.00 will be paid from Flood Control Zone 7. III. Reasons for Recommendations and Background: On June 17, 1986, the Board approved an agreement with the Corps of Engineers, the terms of which require the relocation of utility facilities for construction of the Wildcat Creek and San Pablo Creek Channel Improvements project. The required relocation includes the facility owned by SFPP, L.P. crossing Wildcat Creek. Continued on Attachment: X SIGNATURE:- ALIW �-A P, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ,�,(,t,..�� 1y, 11q,s APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) ucreby certify that this Is a true and correct copy of AYES: NOES: an action taken and entered on the minutes of the Board of Supervisors on the data shown. ABSENT: ABSTAIN: f,,,,,�,,�,,.., ��, /yy ATTESTED: --� PHIL BATCHELOR,Clerk of the Board PH/JJ:mg of Supervisors and County Administrator g\fldctllfcbolwldcat14.t2 Orig. Div: Public Works(FCE) Deputy Contact: J.Johnson,313-2311 cc: County Administrator Auditor-Controller PW Accounting,W. Quever A /2- Approve /ZApprove and Authorize the Chair, Board of Supervisors to Execute a Relocation/Reimbursement Agreement in the amount of$182,000 between the Flood Control District and Santa Fe Pacific Pipelines, Inc. for a Utility Relocation, Wildcat Creek Channel Improvements Project, North Richmond Area. February 14, 1995 Page Two IV. Consequences of Negative Action: If the pipeline is not relocated, the channel improvements for Wildcat Creek cannot be constructed. PIPELINE UTILI7#REL0CATI0N-REIMBURSENWT AGREEMENT T IS AGREEMENT is made and entered into this /,/-E day of 1995, by and between CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT, hereinafter referred to as "DISTRICT" and SFPP, L.P., a limited partnership, successor in title and interest in and to all of the rights, assets and obligations formerly held by SOUTHERN PACIFIC PIPE LINES, INC. in its own name, hereinafter referred to as "SFPP". WHEREAS, DISTRICT desires the relocation of the pipeline in the railroad right of way at the crossing of Wildcat Creek. NOW, THEREFORE, DISTRICT and SFPP do hereby agree as follows: 1. SFPP shall relocate said pipeline in the railroad right of way (hereinafter referred to as the "relocation"), in accordance with SFPP Drawing Nos. E-37-46708P1 and E-37-46708P2, dated June 21, 1990. 2. The relocation shall be done at the sole direction of SFPP who shall be solely responsible for the performance of work thereunder. 3. DISTRICT shall pay SFPP the actual cost of the relocation. Said cost is estimated to be $182,000 including contractor's charges, equipment and materials, company labor and engineering including labor additives, as well as 20% for administrative overhead costs. A breakdown of the estimated cost is attached hereto and marked Exhibit 1. The contract for the work shall be awarded and performed on a bid basis. 4. SFPP shall furnish an invoice to DISTRICT for the estimated relocation cost and DISTRICT shall pay SFPP one-third of the cost prior to ordering materials, one-third when the contractor begins work, and the final one- third upon completion of work. DISTRICT shall reimburse each one-third of cost within 30 days after written notification by SFPP. When the final accounting of actual cost is completed, an itemized billing will be submitted to DISTRICT for review, together with an invoice for additional cost, if any, or SFPP's check to reconcile any difference between actual and estimated cost. SFPP shall maintain records for three years of the actual costs incurred and charged or allocated to the work in accordance with generally accepted accounting principles. It is mutually agreed that SFPP will not undertake any work associated with unknown field conditions unless expressly authorized in writing by DISTRICT, and that DISTRICT shall respond to written request for such authorization within three (3) work days of receipt of request by SFPP. PIPELINE UTILITY RELOCATION- REIMBURSEMENT AGREEMENT Page two 5. Upon execution of this Agreement by the parties and receipt by SFPP of DISTRICT's deposit and notice to proceed, SFPP shall commence the relocation work as shown in Exhibit 1, within 30 calendar days of such notice and complete said relocation work within 30 calendar days. 6. The DISTRICT shall indemnify, defend, save and hold harmless SFPP, its officers, and employees from and against any and all loss, cost, damage, expense, claim, suit demand, or liability of any kind or character, including but not limited to attorney fees arising from or relating to any act, omission, or negligence of the DISTRICT, its officers, agents, or employees in the performance of, or otherwise in connection with the performance of this agreement. 7. Prior to the performance of any relocation work, SFPP shall provide DISTRICT with satisfactory evidence that the contractor(s) performing the relocation work for SFPP have obtained and will maintain during the contract term: (a) Workers' Compensation insurance pursuant to state law; (b) Comprehensive General Liability insurance, including blanket contractual (or contractual liability) coverage and owner's and contractor's protective liability, with a minimum combined single limit coverage per occurrence of $5,000,000; and (c) Automobile Liability insurance with•a minimum combined single limit coverage per occurrence of $1,000,000. The liability insurance policies shall name the DISTRICT, the United States of America, the State of California, their officers, employees and agents as additional insureds, shall stipulate that such insurance will operate as primary insurance and that no other insurance effected by DISTRICT or another insured party will be called on to contribute to a loss covered thereunder, and shall be terminable only after 30 days advance written notice to DISTRICT. 8. In any contract(s) entered into by SFPP for, or in relation to, performance of the relocation work, the contractor(s) shall be required to indemnify, defend, save and hold harmless DISTRICT, the United States of America, the State of California, their officers, employees and agents, from and against any and all loss, cost, damage, expense, claim, suit, demand or liability of any kind or character, including attorney fees, arising from, or relating to, any act, omission or negligence of the contractor, its officers, employees or agents in the performance of, or otherwise in connection with, the relocation work. PIPE'LINEU TILITY R*OCATION- REIMBURSEMENT AGREEMENT Page three SFPP shall ensure that, in said contracts, this indemnification clause shall be explicitly stated and that, in said clause as explicitly stated in said contracts, it shall be explicitly stated that this indemnification clause survives the completion or termination of said contracts. 9. This instrument contains the entire agreement between DISTRICT and SFPP with respect to payment to SFPP for said relocation cost. Any agreement or representations, not expressly set forth in this instrument, are null and void. 10. This Agreement shall not in any way alter, modify or terminate any of SFPP's prior rights in said areas. 11. This Agreement shall commence on the date first set forth above and shall be in effect until final payment for the pipeline adjustment work is made. 12. This agreement shall be subject to modification only with the written consent of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purposes for which this agreement is drafted. 13. If DISTRICT's project which precipitated this agreement is cancelled or modified so as to eliminate the necessity of work by SFPP, DISTRICT will notify SFPP in writing and, under such circumstances, DISTRICT reserves the right to terminate this agreement subject to payment of any expenditures made by SFPP in performing this agreement. 14. Any notice, invoice or other communication that either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by regular U.S. Mail to the following addresses: To SFPP: To DISTRICT: Santa Fe Pacific Pipeline Contra Costa County Flood Partners, L.P. Control District 888 South Figueroa Street 255 Glacier Drive Los Angeles, CA 90017 Martinez, CA 94553 Attn.: Mr. D. R. Quinn Attn.: Mr. John Johnson • • x.12 PIPELINE UTILITY RELOCATION- REIMBURSEMENT AGREEMENT Page four CONTRA COSTA COUNTY FLOOD SFPP, L.P. CONTROL AND WATER By: SANTA FE PACIFIC PIPELINES, INC. CONSERVATION DISTRICT Its Sole General Partner By: B Chair, Ifoard of Supe sors, as the W. M. White, Vice Pres.- Engineering Governing Body of the Contra Costa County Flood Control and Water Conservation District ATTEST: Phil Batchelor, ATTEST: Clerk of the Board.of Supervisors and Country Administrator By: B. H. DeVos III, Secretary RECOMMENDED FOR RO By: ng'Fti 6e'r APPROVED AS TO FORM: Victor J.Westman,N unty Counsel B �D�A ` Y• e uty H:CET:AGMTS:CCCFCD.DOC 2 APPROVED BY JAW DEP-Tv 1&1�-- 11LllldilC�C �1p 8!.70.3 PIPELINE DAYSIFT I RATE TOTAL DAYSIFT RA TOTAL TOTAL LABOR EQUIP - FOREMAN 10 500 5000 PIU 10 , 100 1000 WELDERhiELPER 6 800 4800 W/RIG 6 240 1440 OPERATOR 10 400 4000 Sm 10 300 1 3000 TRUCK DRIVER 10 400 4000 2112 10 200 2000 LABORERS 10 14001 14000 P/U 10 100 1000 TRUCK DRIVER 400 0 LOWS® 400 0 TRUCK DRIVER 400 0 WATER 360 0 STOPPLE 1 5000 5000 0 PAVING 20 0 0 CALTEST 1 3000 3000 SURVEY 120001 0 SECURITY 1 - 1- 20001 2000 WELDER TEST 4 1100 4400 MOVE ON-OFF 1 2000 2000 TIE-IN 1 100001 10000 VACCUM TRUCK 4 2000 8000 X-RAY 3 2000 8000 IMPORT 0 DRUG 10 50 500 REMOVAL 0 TOTAL 172700 8440 81140 STATION CIVIL 0 MANIFOLD 0 SCADA 0 ELECTRICAL 0 MECHANICAL 0 TOTAL 0 0 PIPELINE MATS SIZE 1 12'x.375 1 16"x.250 PIPE 140 15 2100 0 CASING 0 100 20 200 COATING 140 0 0 VALVES 0 0 BENDS 4 1500 1 6000 1 0 STOPPLE 1 5000 5000 0 MISC 1 5000 5000 0 TOTALS 1 181001 200 18300 STATION MATS ELECTRICAL MECHANICAL MANIFOLD TOTAL L0 0 EXHIBIT 1- Craig Robertson Page 1 818M4 A/blc�L'at Gv6k Mssingc �— 61.XLS 14D-1T FREiTAX 15% 2746 INSP/COMPANY INSPECTOR 60 300 18000 R/R INSPECTOR 10 900 9000 COMP 1 2000 2000 TOTAL 29000 29000 SUB TOTAL 131185 CONT 10% 13119 SUB TOTAL 144304 ENGR/DRAFT 5% 7215 TOTAL TOTAL 151519 GSA 20% 30304 TOTAL 181822 NOTE : Estimate does not include soil remediation or environmental cleanup. Craig Robertson Page 2 8/8/94