HomeMy WebLinkAboutMINUTES - 11062007 - C.20 5t ` Contra
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa
DATE,: November 6, 2007 ��o• `= �A~~k�a
STA i County
COUPl
SUBJECT: APPROVE Utility Agreement No. 04-UT-002 between Contra Costa County and Ironhouse Sanitary
District(ISD), in the Oakley Area, (Federal Funds 88.53%, Local Road Funds 11.47%), (District V)
Co. Project No.: 0662-6R4043-02; Federal Project No.: BRLS 5928 (024)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE Utility Agreement No. 04-UT-002 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 outside of County road right of way to accommodate the Bethel
Island Road Bridge Replacement project in the estimated amount of$113,300, in the Oakley area.
AUTHORIZE the Chair of the Board of Supervisors to execute the Utility Agreement.
CONTINUED ON ATTACHMENT: D SIGNATURE•
� RFCONIMENDATION OF COl!NTI'ADMINISTRATOR RECOMMENDATION OF BOARD CO. TTEE
APPROVE OTHER
SIGNATURE(S): i
ACTION OF BOA D N Alifd4-Y03,6Ci;�/d G. 41&040);?1L)ROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT A-/40n L-_ ) MINUTES OF THE BOARD OF SUPERVISORS ON T14E
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Neil Leary,Design 313-2278
NL:kp
G:\Design\l30ARD ORDERS\2007\ISD Bethel Island Road Bridge Replacement ATTESTED r�G � y d dc-
002.doe JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS
cc: Auditor-Controller
E. Kuevor-CAO
M.Hollingsworth,Design
N.Leary,Design BY: DEPUTY
C.Raynolds,Accounting —_'
K.Laws.Real Property
SUBJECT: APPROVE Utility Agreement No. 04-UT-002 between Contra Costa County and Ironhouse Sanitary
District (ISD), in the Oakley Area, (Federal Funds 88.53%, Local Road Funds 11.47%), (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 the County to acquire new sanitary sewer
easements and to relocate sewer facilities to be owned and maintained by Ironhouse Sanitary District (ISD) is
$113,300. The funding for this work will be split 88.53%/ 11.47% between federal and local matching funds.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The existing sewer facilities discussed in this agreement are located outside of the County's right of way within
easements owned by ISD and will be relocated at the expense of the federally funded bridge project, which is
partially funded by matching local funds (11.47%).
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 and sewer easements within the
limits of the County's plan for the bridge replacement project. The proposed bridge project requires construction of
a new public road outside of existing road right of way to provide access to the southern levee. This new road
conflicts with an existing sanitary sewer within an easement owned by ISD requiring its relocation.
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 sanitary sewer easements to
replace the facilities that conflict with the proposed bridge work. ISD will oversee the design and construction of
the utility relocation work. This work will be completed within approximately 100 days after County acquires the
necessary easements. The utility work will be complete prior to the start of the bridge replacement work.
It should be noted that ISD also owns sewer facilities that are within 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 sole expense of ISD as further detailed in Utility Agreement No. 04-UT-003.
CONSEQUENCES OF NEGATIVE ACTION:
If the agreement is not approved, the proposed bridge project cannot be built as designed.
Page 1 of 6
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 0 Yes ❑ No
UTILITY AGREEMENT NO.: 04-UT-002 DATE:., ,•.�6. ysF yob
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, but outside the existing County right of way. To
accommodate the PROJECT, and at request of the County, OWNER shall relocate an eight (8)
inch diameter sanitary sewer line and appurtenant structures.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 002 dated July 2, 2007, OWNER shall: 1) relocate an
eight (8) inch diameter gravity sanitary sewer line (approximately 125 linear feet) and
appurtenant structures described in Exhibit A-1, hereinafter collectively referred to as "SEWER
LINE'; 2) perform design engineering for the relocation of the SEWER LINE, including
preparing contract plans, specifications, and detailed cost estimate; 3) perform construction
engineering, contract administration, and inspection of SEWER LINE: and 4) execute quit claim
deed for existing sewer easement that is superseded by new sewer easement upon conveyance of
new sewer easement. All work shall be performed substantially in accordance with OWNER's
Plan No. 04-001 B dated July 30, 2007,which by this reference is made a part hereof.
Deviations from the OWNER's 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 OWNER's 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.
OWNER shall submit a Notice of Completion to the COUNTY within 30 days of the completion
of the relocation of the SEWER LINE.
Page 2 of 6
UTILITY AGREEMENT NO.
04-UT-002
Additionally, COUNTY will seek to acquire new rights of way for the SEWER LINE 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 for the SEWER LINE are detailed in Exhibit
A-2,hereinafter referred to as RIGHTS OF WAY.
II. LIABILITY FOR WORK
The SEWER LINE, which is located outside of COUNTY right of way and on private property,
will be relocated at COUNTY's expense.
COUNTY will pay OWNER for costs incurred by OWNER and directly related to relocating the
SEWER LINE. These costs include, but are not limited to, the cost of materials, labor, design
and construction engineering, overhead, and change order fees. An estimate of construction
costs is provided in the attached Exhibit A-1, but final costs may be higher or lower and will be
determined as follows:
1. The cost of materials and labor for relocating the SEWER LINE will be
based upon the amount listed for those bid items in the contract of the
bidder who is ultimately awarded the relocation of the SEWER LINE.
2. The cost of construction engineering for relocating the SEWER LINE will
be 15% of the total cost listed for SEWER LINE in the contract of the
bidder who is ultimately awarded the relocation of the SEWER LINE.
3. The cost of design engineering for relocating the SEWER LINE will be
10% of the total cost listed for SEWER LINE in the contract of the
bidder who is ultimately awarded the relocation of the SEWER LINE.
4. Change order fee, if any, related to SEWER LINE.
5. Actual cost of any additional work not covered in the contract bid,
including field supervisor costs.
III. PERFORMANCE OF WORK
OWNER 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
Page 3 of 6
UTILITY AGREEMENT NO.
04-UT-002
completion.
OWNER acknowledges the need to complete SEWER LINE in a timely manner subject to
COUNTYacquiring the RIGHTS OF WAY. The OWNER shall advertise SEWER LINE no
later than two (2) weeks after COUNTY's acquisition of the RIGHTS OF WAY. COUNTY
shall allow OWNER a.minimum of ninety (90) days to complete the work described in
Paragraph I, Work to Be Done, from the date OWNER advertises for bid of said work.
IV. PAYMENT FOR WORK
COUNTY will pay a sum of money to OWNER equal to the costs for relocation of the SEWER
LINE in the bid submitted by the responsible low bidder. COUNTY will deposit such advance
sum with OWNER within 30 days after COUNTY receives OWNER's written notice of such
amount.
OWNER will credit COUNTY for any interest accrued on the COUNTY'S initial deposit less
OWNER's cost to process the interest credit.
The OWNER shall submit a final bill in the form of an itemized statement of the total costs
charged to the SEWER LINE relocation less any credits provided for in this Agreement within
90 days after the completion of the work described in Section I above. If the COUNTY has not
received a final bill within 90 days after notification of completion of OWNER's work described
in Section I of this Agreement, COUNTY will provide notification to OWNER by mail and by
facsimile to inform OWNER of its intent to close its file within 30 days and, to the extent
allowed by law, all remaining costs will be deemed to have been abandoned at the end of the 30
day period.
In the event that the actual final construction costs exceed the sum of money advanced by
COUNTY to OWNER, COUNTY will advance 100% of the difference within 90 days after
COUNTY receives the final bill, provided OWNER provides documentation of the costs in one
of the following forms:
1) If the final bill exceeds the sum of money advanced by COUNTY to OWNER as
provided in a Revised Notice to Owner, a copy of said revised Notice to Owner
shall suffice as documentation of the costs.
2) If the final bill exceeds the sum of money advanced by COUNTY to OWNER and
the costs 'are not provided for in a Revised Notice to Owner, OWNER shall
provide documentation of the actual costs incurred and charged or allocated in
accordance with recognized accounting principles.
If the costs for the relocation of the SEWER LINE are less than the amount of COUNTY's
deposit, OWNER will refund COUNTY the difference within 90 days of acceptance of the
Page 4 of
UTILITY AGREEMENT NO.
04-UT-002
SEWER LINE.
It is understood and agreed that the COUNTY will not pay for any betterment or increase in
capacity of OWNER's facilities in the new location and that OWNER shall give credit to the
COUNTY for the salvage value of any material or parts salvaged and retained or sold by
OWNER.
Detailed records from which the billing is compiled shall be retained by the OWNER for a
period of three years from the date of the final bill and will be available for audit by COUNTY,
state, and/or Federal auditors. OWNER agrees to comply with audit principles and standards as
set forth in 48 CFR, Chapter 1, Part 31.
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 LINE relocation; (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. COUNTY shall not be obligated to pay OWNER for all of
the costs associated with the SEWER LINE relocation that were incurred by OWNER after
OWNER has received written notice of termination from the COUNTY by mail and facsimile. If
COUNTY has already deposited the estimated SEWER LINE costs with OWNER, OWNER
must return the balance to COUNTY existing at the time OWNER received notice of
COUNTY's written notice of termination within 30 days of such notice.
Notices. All notices (including requests, demands, approvals or other communications) under
this Agreement shall be in writing.
A. Notice sent by mail 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 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.
Page 5 of 6
UTILITY AGREEMENT NO.
04-UT-002
-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 by mail 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.
C. The number to send all notices by facsimile required by this agreement shall be as
follows:
OWNER:
FAX: (925) 625-0169
COUNTY:
FAX: (925) 313-2000
Or to such other numbers OWNER and COUNTY 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$113,300
Page 6 of 6
UTILITY AGREEMENT NO.
04-UT-002
IN WITNESS WHE F,the above parties have executed this Agreement the day and year above written.
COUNTY OF C N OSTA: OWNER:Ironhouse Sanitary District
By Ned.O'C'zoot y
M P' hair Date General Manager Date
Bo Supervisors
ATTEST: O
By /t1,01 d•'^G .Zw
ohn Cullen,Coun Administrator Date
Clerk of the Board of Supervisors
APPROVAL RECOMMENDED
By l b G
Mab?icQi4. Shiu Dat
Public Works Director
Z:\Grpbata\Design\Correspondence\CURRENT PROJECTS\Bethel Island Bridge Replacement\Utilities\ISD\Utility Agreement-ISD(002)final
version 9-20-07.rtf
Attachments:Exhibit A-1,Exhibit A-2
EXHIBIT A-1
I. Estimated Construction Costs for "Sewer Line"
Item Amount Unit Unit Price Total
8" HDPEP Sewer Pipe (IPS) (buried) 35 LF $100 $3,500
8" HDPEP Sewer Pipe (IPS) (encased) 90 LF $80 $7,200
12" Epoxy Coated/Welded Steel Casing 90 LF $250 $22,500
(buried)
Water Control (8" sewer) 1 LS $30,000 ' $30,000
Abandon 8" Sewer Pipe 1 LS $5,000 $5,000
Abandon Sewer Manhole (sand fill) 1 LS . $2,000 $2,000
Total Estimated Contract Cost = $70,200
Construction Engineering $10,530
@ 15% of Total. Estimated Contract Cost
Subtotal Construction Cost. $80,730
Design Engineering (10% Contract Cost) $7,020
TOTAL Construction Cost (Rounded) _ $87,800
II. Estimated Right of Way Costs for "Sewer Line"
Right of Way Amount Unit Unit Price Total
Sanitary Sewer Easement (5F) . 2250 SF $1.17 $2,629
Sanitary Sewer Access Easement 2327 SF $6.38 $14,835
(5H)-a
Sanitary Sewer Access Easement 1,329 SF $1.28 $1,701
(5H)-b .
Sanitary Sewer Access Easement (51) 986 SF $6.38 $6,286
Total Estimated Land Acquisition Cost= $25,500
Z:\GrpData\Design\Correspondence\CURRENT PROJECTS\Bethel Island Bridge Replacement\Utilities\ISD\Exhibit A-1 (UT-002).doc
EXHIBIT A- 2
Agreement No. 04-UT-002
- - - - - - - - - - - - - - - - - - --,--�-------
BETHEL ISLAND ROAD i �
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_ r- L129 r
N
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1
( 032-140-015
032-140-012
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TO PARBEL QUITCLAIMED
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Ar' - - - - - - -Xc
NOTE: SEE DRAWING RW8571-2006
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FOR ADDITIONAL INFORMATION 032-140-015\\\ l �� ,�,1 !'
LINE DATA TABLE
No. Bearing Length \ l D-900 00'00"
L61 S780 32'14"E 8.32 \ R=30.00 '
L104 N83° 16'04"W 18.79 \ o L-47.12
032-140-012 nr7
L106 S480 09'31"W 49.46 OD PARCEL
L107
L107 S600 25'54"W 27.07 N 51
rn
L108 S78° 53'16"W 42.35
L110 N78° 32'14"W 68.34 D-900 00'00"
L112 S780 32'14"E 20.00 R"30.00
EXISTING SANITARY
L115 S780 32'14"E 7.00 DIST. EASEMENT L�47.12 1"=40'
L129 S10 01'18"W 15.12
L130 S700 52'20"W 27.07 LINE DATA TABLE
L267 S780 32'14"E 80.00
No. Bearing Length
L279 S83° 16'04"E 17.69 R16 S700 52'20"W
L280 N76° 15'08"E 132.65 R15 S60°25'54"W
L281 N76° 15'08"E 132.13 CURVE DATA TABLE
L282 N50°01'46"E 19.18 No. Radius Delta Length
L283 N80°26'27"E 51.16 C20 255.90 100 26'25" 46.63
trormouse U66ly Agreement Exhibit A-2.69n 5/5/2007