HomeMy WebLinkAboutMINUTES - 11062007 - C.19 TO: BOARD OF SUPERVISORS Contra
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FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR = `a Costa
DATE: November 6, 2007 �o - -=_ =GAy��oa
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SUBJECT: APPROVE Utility Agreement No. 04-UT-003 between Contra Costa County and Ironhouse Sanitary
District (ISD), in the Oakley Area, (ISD funds 100%), (District V)
Co. Project No.: 0662-6R4043-02; Federal Project No.: BUS 5928 (024)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE Utility Agreement No. 04-UT-003 between Contra Costa County and Ironhouse Sanitary District
effective November 6, 2007 through completion of project to fund the acquisition of sanitary sewer easements
and the relocation of sanitary sewer facilities to accommodate the Bethel Island Road Bridge Replacement project
in the estimated amount of$592,900, in the Oakley area.
AUTHORIZE the Chair of the Board of Supervisors to execute the Utility Agreement.
CONTINUED ON ATTACHMENT: El SIGNATURE
U �
RECOMMENDATION OF COUNTI'ADMINIS'I'RA'FOR RECOMMENDATION OF O RD CO 11TTEE
APPROVE OTHER
SIGNATL!RE(S):
ACTION OF Bg ON 0(/QA`/J1P,9�(V,0/ Q 4:, ZAVPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORREC'
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTE:
{� UNANIMOUS(ABSENT A10» OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
AYES NOES
ABSENT ABSTAIN
Contact: Neil Leary,Design 313-2278
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G:\Design\BOARD ORDERS\?007\ISD Bethel Island Road Bridge Replacement ATTESTED eve �yGsi
003.doc JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS
cc: Auditor-Controller
E.Kucvor-CAO
M.Hollingsworth,Design
C.Raynolds,Accounting BY DEPUTY
K.Laws,Real Property
SUBJECT: APPROVE Utility Agreement No. 04-UT-003 between Contra Costa County and Ironhouse Sanitar)
District(ISD), in the Oakley Area, (ISD funds 100%), (District V)
Co. Project No.: 0662-6R4043-02; Federal Project No.: BRLS 5928 (024)
DATE: November 6, 2007
PAGE: 2 of 2
FISCAL IMPACT:
There will be no impact to the General Fund. The estimated cost to acquire new sanitary sewer easements and to
relocate sewer facilities to be owned and maintained by Ironhouse Sanitary District (ISD) is $592,900. All costs
associated with this work will be paid for by ISD.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The existing sewer facilities discussed in this agreement are located within the County's right of way under franchise
agreement and will be relocated at ISD's expense pursuant to the provisions of Section 6297 of the Public Utilities
Code.
The County plans to replace the Bethel Island Road Bridge over Dutch Slough which connects Bethel Island to the
Oakley area. Ironhouse Sanitary District(ISD)owns and maintains sewer 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 ISD's sewer facilities to accommodate the County's project.
This agreement provides for the negotiation and purchase of permanent sanitary sewer easements for the relocated
sewer facilities. If the County is unable to acquire rights of way by negotiation,County will consider the adoption of a
resolution of necessity to acquire property rights by eminent domain. When property rights are acquired in County's
name, the property rights will then be conveyed to ISD.
Additionally,this agreement provides for the installation of sewer facilities in the new bridge and approach roadways
to replace the facilities removed from the old bridge.
It should be noted that ISD also owns sewer facilities outside of County road right of way that are also in conflict with
the County's bridge replacement project that must be relocated. These facilities are to be relocated at the expense of
the federally funded bridge project as further detailed in Utility Agreement No. 04-UT-002.
CONSEQUENCES OF NEGATIVE ACTION:
If the agreement is not approved, the implementation of the project will be delayed so that ISD can acquire the
necessary easements with their resources, and then hire a contractor to install the sewer facilities themselves. If ISD
were to acquire the necessary easements we could expect up to a year delay in the project due to the lengthy process
for acquiring right of way, especially if the acquisition is not accomplished through a negotiated settlement.
Page 1 of 7
Dist. 04 Co. CC Rte 0 KP .M. CR EA 928132L
Federal Aid No.: BRLS-5928(024)
Owner's File: Ironhouse Sanitary District(ISD)
FEDERAL PARTICIPATION: On the Project 0 Yes❑No
On the Utilities❑Yes 0 No
UTILITY AGREEMENT NO.: 04-UT-003 DATE: d �'�G� Zw?
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."
IRONHOUSE SANITARY DISTRICT, a California sanitary district,hereinafter called
"OWNER;" owns and maintains sanitary sewer lines and appurtenant structures within the limits
of the COUNTY's plan for the PROJECT. To accommodate the PROJECT and at OWNER's
request, COUNTY shall install a steel sewer pipe casing and high density polyethylene (HDPE)
sewer pipe and appurtenant structures within the new bridge structure.
It is hereby mutually agreed that:
` I. WORK TO BE DONE
In accordance.with Notice to Owner No. 002 dated July 2, 2007, COUNTY shall install concrete
manhole/pull box structures near the north and south abutment of the new bridge; and an 18"
diameter welded steel sewer pipe casing, a 14" diameter high density polyethylene sewer pipe,
an air relief valve box, and other necessary appurtenant structures within the new bridge
structure, hereafter collectively referred to as "SEWER FACILITIES", 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.
Additionally, COUNTY will seek to acquire new rights of way for the PROJECT through
negotiation. If COUNTY is unable to acquire rights of way by negotiation, COUNTY will
consider the adoption of a resolution of necessity to acquire necessary property rights by eminent
domain, and when acquired in COUNTY'S name, shall convey same to OWNER by grant
easement deed. The rights of way to be acquired are detailed in Exhibit A-2.
In accordance with Notice to Owner No. 002 dated July 2, 2007, OWNER shall 1) relocate at its
own cost and in coordination with COUNTY's PROJECT schedule, the existing sanitary sewer
force main and appurtenant structures located both within the limits of COUNTY's PROJECT
and within COUNTY's road right of way under franchise agreement; and 2) provide to
COUNTY plans and specifications for incorporation of SEWER FACILITIES into PROJECT.
Page 2 of 7
UTILITY AGREEMENT NO.
04-UT-003
Deviations from the plan 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/acknowledgment 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.
Upon the completion of the SEWER FACILITIES, as determined by-the COUNTY in its sole
discretion, the COUNTY and OWNER shall conduct a joint final inspection. After OWNER,
through its General Manager, has determined that the. SEWER FACILITIES have been
completed to its satisfaction, COUNTY shall accept the SEWER FACILITIES as complete for
itself and for the OWNER. OWNER shall not unreasonably withhold or delay its determination
of the SEWER FACILITIES as satisfactory. If the OWNER does not approve or disapprove the
SEWER FACILITIES within ten (10) days after 'the joint final inspection, the SEWER
FACILITIES will be deemed approved by OWNER.
Upon acceptance of the SEWER FACILITIES, COUNTY shall convey the SEWER
FACILITIES to the OWNER, which shall own and be responsible for maintaining the SEWER
FACILITIES.
II. LIABILITY FOR WORK
The existing sanitary sewer force main and appurtenant structures are located within COL NTY'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 SEWER
FACILITIES into COUNTY's PROJECT,and constructing and acquiring easement rights for the
SEWER FACILITIES. These costs include, but are not limited to,right of way acquisition costs
and labor costs in obtaining easement rights, and the cost of materials, labor, design and
construction engineering, overhead, 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:
A. Right—of-Way-Costs:
1. Acquisition Costs:
(a) Where County seeks to acquire easements rights from a property owner for
sanitary sewer utility purposes only,the acquisition cost of the easement will be
Page 3 of 7
UTILITY AGREEMENT NO.
04-UT-003
the amount of compensation paid to the affected.property owners for temporary or
permanent easement rights regardless of whether the compensation is reached
through negotiation, settlement or judgment in condemnation.
(b) Where the County seeks to acquire.easement rights from a property owner for
sanitary sewer utility purposes in addition to other property rights, the acquisition
cost of the easement will be the appraised value. of the easement as provided in
the written offer of compensation made to the property owner by the County
pursuant to Government Code Section 7267.2.
2. Labor Costs:
(a) If easement rights are acquired prior to the commencement of an eminent
domain proceeding, labor costs of right-of-way staff will be based on a fixed fee
of$3,500 per Assessor Parcel Number(APN)that is involved in the acquisition.
(b) If easement rights are acquired after the commencement of an eminent domain
proceeding, labor costs of right-of-way staff will be based on a fixed fee of$7,000
per APN that is involved in the acquisition.
(c) Regardless of whether easement rights are acquired before or after the
commencement of an eminent domain proceeding, OWNER will pay County a
flat fee of $400 for each additional utility easement, permanent or temporary,
acquired within a given APN.
B. Construction Costs:
1. The cost of materials and labor for installing the SEWER FACILITIES will be
based upon the amount listed for those bid items in the contract of the bidder who
is ultimately awarded the PROJECT.
2. The cost of construction engineering for the SEWER FACILITIES will be 15% of
the total cost listed for SEWER FACILITIES in the contract of the bidder who
is ultimately awarded the PROJECT.
.3. The cost of design engineering for the SEWER FACILITIES will be 7.5% of the
total.cost listed for SEWER FACILITIES in the contract of the bidder who is
ultimately awarded the PROJECT.
4. Change order fees, if any, related to SEWER FACILITIES.
5. Actual cost of any additional work not covered in the contract bid, including field
Page 4 of 7
UTILITY AGREEMENT NO.
04-UT-003
supervisor costs.
III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the SEWER FACILITIES work to be performed by
COUNTY, as described in Section I above, 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, EA 9281321,; 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 shall perform a pressure.test and mandrel test on the SEWER.FACILITIES and will
notify OWNER of the date, place, and times of the tests so that the OWNER may attend them, if
OWNER so chooses. If the test results meet or exceed the standards set forth in the technical
specifications for PROJECT, OWNER shall promptly approve the results. If OWNER does not
approve or disapprove the test results within ten (10) days after OWNER receives written notice
of the test results, the test results will be deemed approved by OWNER.
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 prevailing wage requirements in the administration of its
contracts referenced above.
IV. PAYMENT FOR WORK
A. Right of Way Costs:
The OWNER will pay COUNTY for its share of the total cost of obtaining sanitary sewer
easements within 30 days after receipt of COUNTY'S bill as determined in the "Liability
for Work" section of this agreement.
B. Construction Costs:
After COUNTY opens bids for the PROJECT, OWNER will advance to COUNTY a sum
of money equal to the costs for the SEWER REPLACEMENT in the bid submitted by the
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 that the
COUNTY awards the PROJECT contract to a different bidder, the following shall apply:
11
Page 5 of 7
UTILITY AGREEMENT NO.
04-UT-003
(1) If the costs for the SEWER FACILITIES in the successful bidder's contract are less
than the amount of OWNER'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 the COUNTY; (2) If the costs for the
SEWER FACILITIES 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 SEWER FACILITIES the difference between said
actual cost and the sum of money so advanced. In the event that.the actual cost of
SEWER FACILITIES exceeds the amount of money advanced to COUNTY pursuant to
Section IV; "Payment for Work", of this Agreement, OWNER agrees 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.
V: GENERAL CONDITIONS
Termination. This Agreement may be terminated (1) by COUNTY following 7 days' advance .
written notice to OWNER of cancellation or modification of the PROJECT that eliminates the
necessity of SEWER FACILITIES 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 SEWER FACILITIES that were incurred by COUNTY up through
the date of termination including COUNTY's costs to remove SEWER FACILITIES from the
contract for the PROJECT by change order. If OWNER has already deposited the estimated
SEWER FACILITIES with COUNTY, COUNTY (once all project accounting has been made
current) may deduct its. SEWER FACILITIES 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.
Page 6 of 7
UTILITY AGREEMENT NO.
04-UT-003
2. When mailed by certified mail with return receipt requested, notice is
effective on receipt if delivery is confirmed by return receipt.
3. When delivery 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: Maurice Shiu,Director
255 Glacier Drive
Martinez, CA 94553
OWNER:
IronHouse Sanitary District
Tom Williams, General Manager
450 Walnut Meadows Dr.
P.O. BOX 1105
Oakley, CA 94561
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, 23 CFR 645, 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 the 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 S 0.00
Page 7 of 7
UTILITY AGREEMENT NO.
04-UT-003
IN WITNESS WHEREOF,the above parties have executed this Agreement the day and year above written.
LB
CO STA: OWNER:Ironhouse Sanitary District
Na✓, di ,200,7
P' ,Chair Date AGeneManager Date
of Supervisors
ATTEST: AdGn^i
BY Nsd .�O
ohn Cullen,County Administrator Date
Clerk of the Board of Supervisors _
APPROVAL RECOMMENDED:
Y
Mauri tit Date
Public orks rrector
Z:\GrpData\Design\Correspondence\CURRENT PROIECTS\Bethel Island Bridge Replacement\Utilities\ISD\Utility Agreement-ISD(003)final
version 9-20-07.rtf
Attachments:Exhibit A-1,Exhibit A-2
EXHIBIT A-1
I. Estimated Construction Costs for "Sewer Facilities"
Item Amount Unit Unit Price Total
350mm HDPEP Sewer Pipe (IPS) (buried) 74 M $361 $26,714
350 mm HDPEP Sewer.Pipe (IPS) 304 M $295 $89,680
(encased)
450mm Epoxy Coated/Welded Steel 304 M $820 $249,280
Casing (Bridge)
Casing Insulators 160 EA $60 $9,600
Concrete Cradle 19 .EA $750 . $14,250
Steel Pipe Hangers 34 EA $700 $23,800
Manhole. Frame & Cover (Deck.Access 1 EA $2,500 $2,500
Opening)
Air Release Valve 1 LS $2,000 $2,000
Concrete Structure (Utility Vault) 2 EA $15,000 $30,000.
-Reducer (350 mm— 250 mm) with 1 EA $1,000 $1,000 .
Conversion Coupling
Reconstruct Sanitary Sewer Manhole 1 EA $5,000 $5,000 .
Abandon 250 mm sewer pipe 1 LS $10,000 $10,000
Water Control (Sewer Work) 1 LS $10,000 $10,000
Total Estimated Contract Cost = $473,824
Construction.Engineering $71,074 `
@ 15% of Total Estimated Contract Cost
.Subtotal Construction Cost .$544,898
Design Engineering (7.51/6 Contract Cost) $35,537
TOTAL Construction Cost (Rounded) = $580,500
II. Estimated Right of Way Costs
Right of Way Amount UnitUnit Price Total
Sanitary Sewer Easement (5G) 1,885 SF $4.68 $8,822
Total Estimated Land Acquisition Cost = $8,822
Right of Way Labor = 1 APN x $3,500*/APN= $3,500
Total Estimated Right of Way Cost for "Sewer Facilities" _ $12,400
` Increases to$7,000/APN if easement rights are acquired after the commencement of an eminent domain proceeding
Z:\GrpData\Design\Correspondence\CURRENT PROJECTS\Bethel Island Bridge Replacement\UtilitiesMSMExhibit A-1(UT-003).doc
EXHIBIT A- 2
Agreement No. 04-UT-003
BETHEL ISLAND ROAD
/y22° S1°01'18"W 95.60 r
33'46,, PARCEL 5G I
/ e 62 64 �
a, o r V
i 032-140-012 1-101
e
111=401
NOTE: SEE DRAWING RW8571-2006
FOR ADDITIONAL INFORMATION
LINE DATA TABLE
No. Bearing Length
L101 S10 01'18"W 39.23
L103 N76° 15'08"E 14.79
L104 N83° 16'04"W 18.79
1-266 S880 58'42"E 10.00
lronhouse U116ly Agreement E:hibil A-2 rev.dgn 10/2/2007