COMPLETED BOARD ORDER�"�P�71
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No: A 11822
a. Approve Utility Agreement No. 2205-1 with AT&T California for the
relocation of underground telephone lines into the proposed bridge conduit for
one hundred percent 100%) of the actual net cost to AT&T California
estimated to be in the amount of $13,230.00 for the construction of Lonoak
Road Bridge Project; and
b. Authorize the Director of Public Works to execute Utility Agreement No.
2205-1 and future amendments that do not significantly alter the scope of work.
Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those
members present, the Board hereby:
a. Approved Utility Agreement No. 2205-1 with AT&T California for the relocation of
underground telephone lines into the proposed bridge conduit for one hundred percent
100%) of the actual net cost to AT&T California estimated to be in the amount of
$13,230.00 for the construction of Lonoak Road Bridge Project; and
b. Authorized the Director of Public Works to execute Utility Agreement No. 2205-1 and future
amendments that do not significantly alter the scope of work.
PASSED AND ADOPTED this 27th day of July, 2010, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 75 for the meeting on July 27, 2010.
Dated: July 29, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By I_. /-~ 2,
Deputy
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SIGNED BOARD REPORTX��"�R�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: July 27, 2010 Consent AGENDA NO.: j
SUBJECT: a. Approve Utility Agreement No. 2205-1 with AT&T California for the
relocation of underground telephone lines into the proposed bridge conduit
for 100% of the actual net cost to AT&T California estimated to be in the
amount of $13,230.00 for the construction of Lonoak Road Bridge Project;
and
b. Authorize the Director of Public Works to execute Utility Agreement No.
2205-1 and future amendments that do not significantly alter the scope of
work.
DEPARTMENT: RMA Public Works
RECOMMENDATIONS:
It is recommended that the Board of Supervisors:
a. Approve Utility Agreement No. 2205-1 with AT&T California for the relocation of
underground telephone lines into the proposed bridge conduit for 100% of the actual net cost
to AT&T California estimated to be in the amount of $13,230.00 for the construction of
Lonoak Road Bridge Project; and
b. Authorize the Director of Public Works to execute Utility Agreement No. 2205-1 and future
amendments that do not significantly alter the scope of work.
SUMMARY/DISCUSSION:
Approval of the Utility Agreement No. 2205-1 with AT&T California AT&T) provides
relocation of telephone lines for the construction of Lonoak Road Bridge Project. The utility
lines will be placed into underground conduit and into a utility conduit within the proposed
bridge. AT&T has prior property rights in this area. Monterey County will provide the funds
through this agreement to AT&T for the utility relocation during construction of the bridge.
The Resource Management Agency Department of Public Works, in conjunction with San
Benito County, proposes to construct the Lonoak Road Bridge at Lewis Creek for replacement of
the existing Lonoak Road Bridge under the California Seismic Retrofit Program. The bridge is
located approximately 820 ft northeast of the intersection of Lonoak Road and Highway 25, on
the boundary between Monterey and San Benito Counties at the center of Lewis Creek 18.5 km
east of King City in Monterey County in Section 13 of Township 19 South, Range 9 East, Mount
Diablo Meridian). The proposed bridge will be a two-lane concrete box girder bridge with two
spans and a total length of 152.24 feet and a width of 34.35 feet. Monterey County will
administer the funding for the project under cooperative agreement with San Benito County
through the Federal Highway Bridge Program HBP) and the State Highway Account SHA).
OTHER AGENCY INVOLVEMENT:
County Counsel, Risk Management, Auditor-Controller, and Contracts/Purchasing Offices have
reviewed and approved Utility Agreement No. 2205-1 as to form, insurance, and fiscal
provisions, respectively.
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SIGNED BOARD REPORTX��"�R�Approve Utility Agreement No. 2205-1 with AT&T California
July 27, 2010
Page 2
FINANCING:
There is no financial impact to the General Fund. This report recommends approval of the actual
net cost agreement estimated to be $13,230.00 for Utility Agreement No. 2205-1. The AT&T
utility relocation cost is not covered by franchise agreement and Monterey County is responsible
for compensating AT&T for this cost, which is represented by the Road Fund.
Complete funding has been programmed for design, environmental, right-of-way and
construction costs. The total estimated cost of the project is $3,480,000. Authorization for
Utility Relocation will be obtained upon execution of the Agreement. The $13,230.00 required
for the AT&T utility agreement will be provided by the Federal Highway Bridge Program HBP)
funds of $11,712.00 88.53%) and State seismic retrofit funds of $1,518.00 11.47%).
Prepared by: /) Approved by:
Arturo A. Adlawan, P.E. 755-4823
Senior Civil Engineer
Dated: July 19, 2010
Yazdan T. Emrani, P.E.
Director of Public Works
Attachments: Board Order; Project Budget; Utility Agreement No. 2205-1; Location Map
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AGREEMENT NO. A-11822 - AT&T �U�Monterey County Public Works Department
UTILITY AGREEMENT
County Route P.M. Project #
Monterey 10-220565
Fed. Aid. No. BRLOZB-5944 035)
AT&T California's File
FEDERAL PARTICIPATION: On the Project Yes
On the Utilities: Yes/No Yes
UTILITY AGREEMENT NO. 2205-1
The Monterey County Public Works Department hereinafter called COUNTY" proposes the
Construction of the Lonoak Road Bridge Co. No. 402; St. No. 44C-0158) at Lewis Creek on
Lonoak Road, east of King City, Monterey County,
And: AT&T California, hereinafter called at&t," owns and maintains communication
distribution facilities; within the limits of COUNTY's project that requires relocation of said
facilities to accommodate COUNTY's project.
It is hereby mutually agreed that:
1. WORK TO BE DONE:
In accordance with Notice to Owner, dated May 14, 2009, at&t shall remove its communication
lines that are presently on the existing Lewis Creek Bridge across Lewis Creek prior to the
demolition of the existing bridge and then relocate the communication lines for permanent
placement through the casing provided within the bridge bay of the new Lonoak Road Bridge as
shown on the attached plan sheet attached as Exhibit A".
Deviations from at&t's plan shown as Exhibit A" and described above initiated by either the
COUNTY or at&t, shall be agreed upon by both parties hereto under a Revised Notice to Owner.
Such Revised Notices to Owner, approved by the COUNTY and acknowledged by at&t, will
constitute an approved revision of at&t's plan described above and are hereby made a part
hereof. No work under said deviation shall commence prior to receipt by at&t 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.
II. PERFORMANCE OF WORK
at&t agrees to perform the herein described work, excepting that work being performed by the
COUNTY's contractor. with its own forces and to provide and furnish all necessary labor.
materials, tools, and equipment required therefore. and to prosecute said work diligently to
completion.
Pursuant to Public Works Case No. 2001-059 determination by the California Department of
Industrial Relations dated October 25, 2002; work performed by at&t's contractor is a public
work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing
wage requirements. at&t shall verify compliance with this requirement in the administration of
its contracts referenced above.
II-A. LIABILITY FOR WORK
Existing facilities are located in their present position pursuant to rights superior to those of the
COUNTY and will be relocated at COUNTY's expense.
at&t: 144-) County:
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AGREEMENT NO. A-11822 - AT&T �U�III. PAYMENT FOR WORK
The COUNTY shall pay its share of the actual cost of the herein described work within 90 days
after receipt of at&t's itemized bill in quintuplicate, signed by a responsible official of at&t's
organization and prepared on at&t's letterhead, compiled on the basis of the actual cost and
expense incurred and charged or allocated to said work in accordance with the uniform system of
accounts prescribed for at&t by the California Public Utilities Commission PUC) or Federal
Communications Commission FCC), whichever is applicable.
It is understood and agreed that the COUNTY will not pay for any betterment or increase in
capacity of at&t's facilities in the new location and that at&t shall give to the COUNTY any
material or parts salvaged and not retained by at&t for disposal by the COUNTY's Contractor.
During the progress of the work, at&t may bill COUNTY not more than once each month for
100% of the actual costs incurred by at&t not previously reimbursed by COUNTY to the date of
such billing, and COUNTY shall reimburse at&t therefore. Upon the completion of the work,
COUNTY shall reimburse at&t for 100% of the actual net cost which at&t has incurred in
effecting the rearrangement of its facilities including costs, if any, involved in any temporary
rearrangement with credit given to COUNTY for any interim payments made in accordance with
this paragraph. The net cost is presently estimated to be S 13. 2Z-J 7j
Within thirty 30) days after receipt of at&t's itemized invoice for the additional amount due
at&t, COUNTY shall reimburse at&t for the amount billed, provided, however, that COUNTY
shall have reasonable access to at&t's accounts and records for the purpose of auditing said
invoice. If, after the itemized invoice is prepared, it is determined that the actual net cost is less
than any amount previously paid by COUNTY under this Agreement, at&t shall reimburse
COUNTY the amount of the difference between the amount paid and the actual net cost, without
interest.
IV. GENERAL CONDITIONS
at&t shall submit a Notice of Completion to the COUNTY within 30 days of the completion of
the work described herein.
Upon the receipt by at&t of notice in writing from COUNTY, at&t will commence and
thereafter diligently prosecute the rearrangement of at&t's facilities as nearly as possible in
accordance with COUNTY's/at&t's) Plans, attached hereto and marked Exhibit A, provided,
however, that at&t shall not be obligated to perform such work until necessary land rights have
been acquired in a form satisfactory to at&t for any of at&t's facilities that must he replaced in
the new location.
COUNTY shall obtain, at no cost to at&t and in a form satisfactory to at&t, all necessary permits
required for the temporary or permanent rearrangement of at&t's facilities from governmental
agencies having jurisdiction over the same and shall file any statement required by, and
otherwise comply with the applicable provisions of the Environmental Quality Act of 1970
California Public Resources Code. Sections 21000 et seq.).
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AGREEMENT NO. A-11822 - AT&T �U�In the event the construction of temporary facilities is necessary, at&t may use lands owned or
controlled by COUNTY for the purpose of making such temporary installation provided that
COUNTY shall have approved the location thereof Upon completion of construction of such
facilities in their permanent location, at&t shall remove all temporary facilities.
COUNTY will acquire new rights of way in the name of the COUNTY through negotiation or
condemnation and when acquired in COUNTY's name, shall convey use to at&t as covered by
existing Franchise Agreement. Where at&t has prior rights in areas which will be within the
highway right of way and where at&t facilities will remain on or be relocated on COUNTY
highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be
executed by the parties, if none exists.
It is understood that said highway is a federal-aid highway and accordingly, 23 CFR Part 645 is
hereby incorporated into this Agreement by reference; provided, however, the provisions of any
agreements entered into between the COUNTY and the at&t pursuant to state law for
apportioning the obligations and costs to be borne by each, or the use of accounting procedures
prescribed by the applicable federal or state regulatory body and approved by the Federal
Highway Administration FHWA), shall govern in lieu of the requirements of said 23 CFR Part
645.
The provisions hereof shall inure to the benefit of and be binding upon the successors and
assigns of the parties hereto.
V. INDEMNIFICATION
At&t shall defend, indemnify and hold harmless COUNTY, its officers employees and agents
from and against any and all claims or actions arising out of or related to at&t's performance of
the work described above, except to the extent such claims or actions are the result of the sole
negligence of COUNTY, its officers, employees or agents.
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AGREEMENT NO. A-11822 - AT&T �U�IN WITNESS WHEREOF, County and at&t have executed this Agreement as of the
day and year first above written.
COUNTY OF MONTEREY
By
Director of Public Works, Yazdan T. Emrani, P.E.
Date:
Approved as to Form, County Counsel
Date: 3-'3~6" /o
Approved as to Fiscal Provisions, Auditor-
Controller
By k_. 411 A
Date:
Risk Manageme
By
Date".
Signature of Secretary, Assistant Secretary, CFO, or
Assistant Treasurer
Date: L l
*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and nonprofit corporations, the full legal
name of the corporation shall be set forth above together with the signatures of two specified officers. If CONTRACTOR is a
partnership, the name of the partnership shall be set forth above together with the signature of a partner who has authority
to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an individual capacity, the
individual shall set forth the name of the business, if any, and shall personally sign the Agreement.
Distribution: 1) at&t California, 2) Utility Coordinator, 3) DLAE File. 4) District Utility Coordinator File
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AMOUNT-U012
OF-U012
$13,230.00-U012
CONSTRUCTION-U012
OF-U012
LONOAK-U012
ROAD-U012
BRIDGE-U012
PROJECT;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
PUBLIC-U012
WORKS-U012
TO-U012
EXECUTE-U012
UTILITY-U012
AGREEMENT-U012
NO.-U012
2205-1-U012
FUTURE-U012
AMENDMENTS-U012
DO-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK.-U012
AGREEMENT NO. A-11822 - AT&T �U�EXHIBIT A
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ROADWA' AND UTILITY
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BIB]
40394-U01
AGREEMENT-U02
NO.-U02
A-11822-U02
U02
AT&T-U02
CALIFORNIA-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89589-U03
AI93753-U03
DO94087-U03
C5-U03
AGREEMENTS-U03
8/4/2010-U04
RIVASR-U04
15365-U05
4-U06
A.-U07
APPROVE-U07
UTILITY-U07
AGREEMENT-U07
NO.-U07
2205-1-U07
AT&T-U07
CALIFORNIA-U07
RELOCATION-U07
OF-U07
UNDERGROUND-U07
TELEPHONE-U07
LINES-U07
300-PUBLIC-U08
WORKS-U08
PENA-U09
RUBY-U09
PENAR-U10
7/19/2010-U011
INTO-U012
PROPOSED-U012
BRIDGE-U012
CONDUIT-U012
ONE-U012
HUNDRED-U012
PERCENT-U012
100%)-U012
OF-U012
ACTUAL-U012
NET-U012
COST-U012
TO-U012
AT&T-U012
CALIFORNIA-U012
ESTIMATED-U012
TO-U012
BE-U012
IN-U012
AMOUNT-U012
OF-U012
$13,230.00-U012
CONSTRUCTION-U012
OF-U012
LONOAK-U012
ROAD-U012
BRIDGE-U012
PROJECT;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
PUBLIC-U012
WORKS-U012
TO-U012
EXECUTE-U012
UTILITY-U012
AGREEMENT-U012
NO.-U012
2205-1-U012
FUTURE-U012
AMENDMENTS-U012
DO-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK.-U012
PROJECT BUDGET - PROJECT NO. �[�MONTEREY COUNTY DEPARTMENT OF PUBLIC WORKS
LONOAK ROAD BRIDGE AT LEWIS CREEK
COUNTY BRIDGE NO. 402; STATE BRIDGE NO. 44C-0179
PROJECT NO. 10-220565, FEDERAL AID PROJECT NO. BRLOZB-5944 035)
PROJECT BUDGET
Design Engineering/Environmental $ 482,400
Right-of-Way 222,777
Utility Agreement AT&T California 13,230
Utility Agreement PG&E 39,949
Construction Management 521,644
Construction
Construction Contract $2,000,000
Remove Riparian Vegetation by Public Works Crew 200,000
2,200,000
TOTAL ESTIMATED PROJECT COST: $3,480,000
REVENUE
Federal Funds
Federal Highway Administration PE 80% $ 358,920
Federal Highway Administration ROW 80% $ 178,222
Federal Highway Administration Utility Relocation 88.53% $ 47,079
Federal Highway Administration CON 88.53% $ 2,409,471
State Funds
State Seismic Funds 20 % $ 38,200
State Seismic Funds 11.47% $ 318,272
Road Fund
Road Fund 20% $ 102,836
TOTAL: $3,480,000
BIB]
40394-U01
PROJECT-U02
BUDGET-U02
U02
PROJECT-U02
NO.-U02
10-220565-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89589-U03
AI93753-U03
DO94088-U03
C1-U03
GENERAL-U03
DOCUMENTS-U03
8/4/2010-U04
RIVASR-U04
15365-U05
4-U06
A.-U07
APPROVE-U07
UTILITY-U07
AGREEMENT-U07
NO.-U07
2205-1-U07
AT&T-U07
CALIFORNIA-U07
RELOCATION-U07
OF-U07
UNDERGROUND-U07
TELEPHONE-U07
LINES-U07
300-PUBLIC-U08
WORKS-U08
PENA-U09
RUBY-U09
PENAR-U10
7/19/2010-U011
INTO-U012
PROPOSED-U012
BRIDGE-U012
CONDUIT-U012
ONE-U012
HUNDRED-U012
PERCENT-U012
100%)-U012
OF-U012
ACTUAL-U012
NET-U012
COST-U012
TO-U012
AT&T-U012
CALIFORNIA-U012
ESTIMATED-U012
TO-U012
BE-U012
IN-U012
AMOUNT-U012
OF-U012
$13,230.00-U012
CONSTRUCTION-U012
OF-U012
LONOAK-U012
ROAD-U012
BRIDGE-U012
PROJECT;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
PUBLIC-U012
WORKS-U012
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EXECUTE-U012
UTILITY-U012
AGREEMENT-U012
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2205-1-U012
FUTURE-U012
AMENDMENTS-U012
DO-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK.-U012
LOCATION MAP - PROJECT NO. 10�]�LOCATION MAP
MONTEREY COUNTY DEPARTMENT OF PUBLIC WORKS
LONOAK ROAD BRIDGE PROJECT AT LEWIS CREEK
COUNTY BRIDGE NO. 402; STATE BRIDGE NO. 44C-0179
PROJECT NO. 10-220565, FEDERAL AID PROJECT NO. BRLOZB-5944 035)
LOCATION OF CONSTRUCTION
BRIDGE NO. 402
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BIB]
40394-U01
LOCATION-U02
MAP-U02
U02
PROJECT-U02
NO.-U02
10-220565-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89589-U03
AI93753-U03
DO94089-U03
C1-U03
GENERAL-U03
DOCUMENTS-U03
8/4/2010-U04
RIVASR-U04
15365-U05
4-U06
A.-U07
APPROVE-U07
UTILITY-U07
AGREEMENT-U07
NO.-U07
2205-1-U07
AT&T-U07
CALIFORNIA-U07
RELOCATION-U07
OF-U07
UNDERGROUND-U07
TELEPHONE-U07
LINES-U07
300-PUBLIC-U08
WORKS-U08
PENA-U09
RUBY-U09
PENAR-U10
7/19/2010-U011
INTO-U012
PROPOSED-U012
BRIDGE-U012
CONDUIT-U012
ONE-U012
HUNDRED-U012
PERCENT-U012
100%)-U012
OF-U012
ACTUAL-U012
NET-U012
COST-U012
TO-U012
AT&T-U012
CALIFORNIA-U012
ESTIMATED-U012
TO-U012
BE-U012
IN-U012
AMOUNT-U012
OF-U012
$13,230.00-U012
CONSTRUCTION-U012
OF-U012
LONOAK-U012
ROAD-U012
BRIDGE-U012
PROJECT;-U012
B.-U012
AUTHORIZE-U012
DIRECTOR-U012
OF-U012
PUBLIC-U012
WORKS-U012
TO-U012
EXECUTE-U012
UTILITY-U012
AGREEMENT-U012
NO.-U012
2205-1-U012
FUTURE-U012
AMENDMENTS-U012
DO-U012
SIGNIFICANTLY-U012
ALTER-U012
SCOPE-U012
OF-U012
WORK.-U012