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Home My WebLink About4.09 PG&E Agreement CI'TY CLERK File # AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 5~ 2003 SUBJECT: Approval of Utility Relocation Agreement with Pacific Gas & Electric Company (PG&E) for the Relocation of Underground Electric Facilities within the 1-580/San Ramon Road Interchange Improvements Project Limits Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution 2) Utility Relocation Agreement 3) Location Map RECOMMENDATION: Adopt resolution approving the Utility Relocation Agreement and authorizing the City Manager to execute said agreement FINANCIAL STATEMENT: Under this agreement, the City will fund 50% of the cost of relocating the underground electric facilities to be completed by PG&E, including engineering and construction. The following is a breakdown of the project cost: Total utility relocation cost: $68,964.00 City of Dublin share (50%): $34,482.00 This amount has already been budgeted in the FY 2003-2004 budget for construction. DESCRIPTION: In November 2000, the City Council approved the preparation of the Project Report and Environmental Document for the 1-580/San Ramon Road Interchange Improvement Project. Plans and Specifications for the Project have been approved by Caltrans, and the Project has been advertised for bids. It is anticipated that Project construction will begin in September 2003. In order to construct the interchange improvement project, PG&E's existing underground electric facilities on the east side of San Ramon Road north of the westbound on-ramp must be relocated. The existing facilities will be relocated approximately 12 feet easterly so that the relocated facilities will be behind the future sidewalk area. The approximate location of the existing facilities to be relocated is shown on Attachment 3. To avoid conflicts, the relocation of the PG&E facilities needs to be completed prior to start of construction. City Staff has requested PG&E to complete the relocation by September 15, COPIES TO: Annie Loggins, PG&E i'~':: ~-~ ITEM NO. ~9 G:\MISCPROJ\I-580 San Ramon\Agst Utility Relocation Agmt 580-San Ramon.doc 2003, and PG&E has agreed to this proposed schedule. Prior to the beginning of relocation by PG&E, a Utility Relocation Agreement must be executed between the City and PG&E. Pursuant to the agreement between PG&E and Caltrans, the cost of relocating the PG&E facilities is to be shared equally between PG&E and Caltrans. Since the portion of San Ramon Road within the proposed Project limits is owned by Caltrans, and the City of Dublin is the project sponsor, 50% of the total cost of relocation is to be paid by the City to PG&E on behalf of Caltrans. The Utility Relocation Agreement addresses the cost obligations of the City and PG&E and timing of completion of the relocation of utilities by PG&E. Staff recommends that the City Council adopt the resolution approving the Utility Relocation Agreement with PG&E and authorizing the City Manager to execute said agreement. RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING UTILITY RELOCATION AGREEMENT WITH PACIFIC GAS & ELECTIC COMPANY (PG&E) FOR THE RELOCATION OF UNDERGROUND ELECTRIC FACILITIES LOCATED WITHIN THE 1-580/SAN RAMON ROAD INTERCHANGE PROJECT LIMITS WHEREAS, the 1-580/San Ramon Road Interchange Improvement project (Project) proposes to modify the interchange to eliminate weaving problems and improve traffic operations; and WHEREAS, it is anticipated that the Project construction will begin in September 2003; and WHEREAS, PG&E's existing underground electric facilities on the east side of San Ramon Road north of the westbound on-ramp need to be relocated; and WHEREAS, the City of Dublin has requested PG&E to be finished with the relocation of the existing underground electric facilities by September 15, 2003; and WHEREAS, prior to beginning of relocation by PG&E, a Utility Relocation Agreement needs to be executed between the City and PG&E; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Utility Relocation Agreement with PG&E for the relocation of underground electric facilities on the east side of San Ramon Road within the project limits of the 1-580/San Ramon Road Interchange project. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 5th day of August, 2003. AYE S: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:miscproj\I-580-San RamonkReso Utility Relocation CITY OF DUBLIN - PUBLIC WORKS DEPARTMENT Page 1 of 4 UTILITY RELOCATION AGREEMENT Dist. County Route K.P. E.A. 4 Ala 580 34.0/34.4 284801 Fed. Aid. No. Owner's File FEDERAL PARTICIPATION: On the Project [] Yes xx No On the Utilities [] Yes xx No UTILITY RELOCATION AGREEMENT NO. 03-11.01 (Electric) WHEREAS, the City of Dublin, hereinafter called "City" is engaged in highway construction on State Route 580 consisting of modifications to westbound off ramp at San Ram0n Road/Foothill Road Interchange in Dublin, California ("Project"); and WHEREAS, Pacific Gas and Electric Company, hereinafter called "Owner", owns and maintains electric underground facilities on the east edge of San Ramon Road within the limits of City's Project, which required relocations to avoid conflicts with Project. NOW, THEREFORE, it is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.' 03-11.01 dated June 24, 2003, Owner shall relocate existing underground electric facilities including vaults and duct easterly to behind the future sidewalk area per the approved Project plans (hereinafter "Work"). All Work shall be performed substantially in accordance with Owner's Contract Plan No. 30293155, copy of which is on file in the City office of the Public Works Department at 100 Civic Plaza, Dublin, CA 94568. Deviation from the Owner's plan described above, whether initiated by City or Owner, shall not be made unless it is agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the City and acknowledged by the Owner, will constitute an approved revision of the Owner's plans described above and are hereby made a part hereof. No Work under said deviation shall commence prior to receipt 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. UTILITY RELOCATION AGREEMENT (Cont'd) Page 2 of 4 UTILITY RELOCATION AGREEMENT NO. 03-11.01 II. LIABILITY FOR WORK The existing facilities described in Section I above will be relocated at 50% City expense and 50% Owner expense in accordance with Section 9A of the Master Agreement dated April 16, 1952 as amended. Total Estimated Cost ............................ $68,964.00 City Liability, 50% .............................. $34,482.00 III. PERFORMANCE OF WORK Owner agrees to perform the herein-described Work with its own forces or to cause the herein-described work to be performed by Owner's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Owner further agrees to complete the Work by no later than September 15, 2003. IV. PAYMENT FOR WORK City shall pay its share of the cost of the herein-described work within 90 days after receipt of Owner's itemized bill in quintuplicate, signed by a responsible official of Owner's organization and prepared on Owner'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 to: Owner by the California Public Utilities Commission or Federal Communications Commission. It is understood and agreed that City 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 City for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by Owner. At the election of the Owner, progress bills for costs incurred may be submitted not to exceed Owner's recorded costs as of a specific date less estimated credits applicable to completed work where the recorded costs are sufficient to warrant such billing. Payment of progress bills not to exceed the amount of the Agreement may be made after receipt and approval by City of documentation supporting the cost increase and after an Amendment to the Agreement has been executed by the parties to this Agreement. UTILITY RELOCATION AGREEMENT (Cont'd) Page 3 of 4 UTILITY RELOCATION AGREEMENT NO. 03-11.01 Owner shall submit a final bill to City within 180 days after the completion of the Work described in Section I above. If City has not received a final bill within 180 days after notification of completion of Owner's work described in Section I of this Agreement, City will provide written notification to Owner of its intent to close its file within 30 days and Owner hereby acknowledges, to the extent by law, that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, City shall not pay final bills that exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from Owner. If the final bill exceeds the Owner's estimated costs solely as the result of a Revised Notice to Owner as provided for in Section I, a copy of said Revised Notice to Owner shall suffice as documentation. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the Owner's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of City. Detailed records from which the billing is compiled shall be retained by Owner for a period of three years from the date of the final bill and will be available for audit in accordance with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31 by City, State and/or Federal auditors. V. GENERAL CONDITIONS All costs accrued by Owner as a result of City's request of June 23, 2003 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If City's project that precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by Owner, City will notify Owner in writing and City reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. Owner shall submit a Notice of Completion to City within 30 days of the completion of the work described herein. UTILITY RELOCATION AGREEMENT (Cont'd) Page 4 of 4 UTILITY RELOCATION AGREEMENT NO. 03-11.01 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. CITY OF DUBLIN PACI3'IC GAS & ELECTRIC COMPANY By: By: Richard C. Ambrose Date Name/Title Date City Manager APPROVED AS TO FORM: By: Date City Attorney G:XaMISCPROJ\I-580 San Ramon\UtilityRelocationAgreement.doc :EET U-2 ~I LEG.END/..A.BBREV I AT tONS: i !I A'l;~,'~ ~' ". '..-',.AMERICAN TELEPHONE AND TELEGRAPH PAC BELL - SBC PACIFIC BELL TELEPHONE i\\ PORE..;. .... - PAOI. F,[C GAS AND ELECTRIC ' LOCAT I ON WORLDCOM ,:~'..'~ORL. DCOM,J NCORPORATED b, TY. LIMIT OWNERS RECORDS AND ARE UN. 'il ' '.i" %'" '% ':"].~' /~'-' ....... 2 CONTRACTOR SHALL COORDINA \ \ '~?. · ; '... .., ..... ,.-... ; ~ '...' ...:~. ........ ;~ ............ :.~ - FOR RF.~U~F-D PLANS ORIGINAl. Q ~D 40 ~0 ~0