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HomeMy WebLinkAboutReso 32-07 I-580 Fallon Utility Agmt RESOLUTION NO. 32 - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING UTILITY AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY FOR THE I-580/FALLON ROAD INTERCHANGE IMPROVEMENTS PROJECT WHEREAS, the City of Dublin plans to improve the I-580/Fallon Road freeway interchange to mitigate the Dublin Ranch area development; and WHEREAS, the City's Staff and consultant have been working on the design and environmental documentation of the I-58G/Fallon Road Interchange Improvement Projects; and WHEREAS, the proposed construction will require the relocation of several utilities along the north edge of the freeway; and WHEREAS, it is necessary for the City to enter into a Utility Relocation Agreement with Pacific Gas and Electric Company to provide reimbursement to the utility company for half of all its actual costs, both direct and indirect. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Utility Agreement with Pacific Gas and Electric Company for the I-580/Fallon Road Interchange Improvements Project. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement, attached hereto as Exhibit "A". PASSED, APPROVED AND ADOPTED this 20th day of March, 2007, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None k~~ (J Mayor ATT~U- '- City Clerk Reso No. 32-07, Adopted 3/20/07, Item 4.6 Page 1 of 1 CITY OF DUBLIN - PUBLIC WORKS DEPARTMENT UTILITY AGREEMENT Page 1 of 4 Dist. 4 County Ala Route 580 K.P. 26.3/27.2 E.A. 257601 Fed. Aid. No. Owner's File PM30415287 FEDERAL PARTICIPATION: On the Project ( ) Yes (x) No On the Utilities ( ) Yes (x)No UTILITY AGREEMENT NO. 07-1626.1 (Electric) DATE ~)tJ; z..tr61 The City of Dublin, hereinafter called "City" is engaged in highway construction on State Route 580 consisting of modifications to the Fallon Road/EI Charro Road Interchange in Dublin, California ("Project"); and Pacific Gas and Electric Company, hereinafter called "Owner", owns and maintains electric facilities on the north edge of Interstate 580 within the limits of City's Project, which required to be relocated to avoid conflicts with Project. It is hereby mutually agreed that: 1. WORK TO BE DONE In accordance with Notice to Owner No. 1626.1 dated November 9,2004, Owner shall relocate their existing electrical facilities. All Work shall be performed substantially in accordance with Owner's Utility Plan No. 30415287, 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 initiated by either City or Owner, shall be 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 AGREEMENT (Cont'd) Page 2 of 4 UTILITY AGREEMENT NO. 07-1626.1 II. LIABILITY FOR WORK The existing facilities described in Section I above will be relocated 50.0% CITY expense and 50.0% OWNER expense in accordance with Section 5(C) of the November 1, 2004 Freeway Master Contract in accordance with the following ratio: Total Estimated Cost: Total Estimated City Liability: $35,300 $17,650 IlL 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. IV. PAYMENT FOR WORK City shall pay its share of the actual 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 for 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 this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by City of documentation supporting UTILITY AGREEMENT (Cont'd) Page 3 of 4 UTILITY AGREEMENT NO. 07-1626.1 the cost increase and after an Amendment to the Agreement has been executed by the parties to this Agreement. 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 November 9, 2004 to review, study and/or prepare plans and estimates for the work 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 UTILITY AGREEMENT (Cont'd) Page 4 of 4 UTILITY AGREEMENT NO. 07-1626.1 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 ofthe completion of the work described herein. THE ESTIMATED COST TO THE CITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $17,650. ' IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. CITY OF DUBLIN PACIFIC GAS & ELECTRIC COMPANY ,."...-.._,..~.~ ":> ,4. By: k:tCJ..~"~ (7. j4;~ ~L~ Ie 7 Richard C. Ambr~e . Date ~~O.J1~J4~ ~ APPROVED AS TO'~~ By: Name/Title Date cl~....J-- By: ft9f ~ G:\MISCPROJ\I-580 Fallon \Utilities\PGE Utility Relocation Agreement-doc