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HomeMy WebLinkAbout4.3 Install Underground Facilities Agreement CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: December 21, 1989 SUBJECT: Agreement to Install Underground Facilities on Dougherty Road (Report by Public Works Director Lee Thompson) EXHIBITS ATTACHED: 1) Resolution 2) Copy of Agreement 3) Copy of 6/12/89 Agenda Statement Regarding Amendment of PD Conditions (with attachment concerning breakdown of cost sharing) RECOMMENDATION: 1) Adopt resolution approving agreement and K authorizing Mayor to execute. 2) Authorize additional appropriation of $50,680.57 for the Dougherty Road Underground Utility Project. This additional appropriation will be offset by an equivalent amount of revenue paid by the developer. 3) Authorize payment to PG&E in the amount of $176,181.57 under this agreement. FINANCIAL STATEMENT: Budgeted for PG&E work: $130,000 Actual net cost to City: $125,501 An increase in revenue and expenditure budgets of $50,680.57 is necessary to pass through the Rafanelli and Nahas share of the work. DESCRIPTION: At a previous City Council meeting, the City Council approved a request by Rafanelli and Nahas (developer) to revise a condition on the Villages project, to eliminate the requirement for the widening of southbound Dougherty Road at Dublin Boulevard in exchange for installation of underground conduit and structures along Dougherty Road between the Southern Pacific right-of-way and Amador Valley Boulevard. The City also agreed to pay for the installation of the wires in the conduit and for the equipment in the vaults. This project was to be performed in two phases. The first phase was performed directly by the developer at developer's cost, estimated at approximately $150,000. The second phase involves PG&E, who will perform the work directly on behalf of the City. The estimated cost for this phase is $176,181.57. Of the total project cost, the developer has agreed to pay $50,680.57. The actual net cost to the City will be approximately $125,501. The City's net payment is currently within the amount specified in the Capital Improvement Program. PG&E has prepared an agreement (see Exhibit 2) to undertake the second phase of the work. As indicated above, the work included in this agreement totals $176,181.57. Since the agreement is directly with the City, it will be necessary for the Council to approve an additional appropriation in the amount of $50,680.57. This additional amount will be covered by additional revenue provided to the City by the developer. Once the undergrounding project has been completed, the City will be able to open all four lanes of Dougherty Road. It is anticipated that the work will be completed and the street will be open by early March. Staff recommends that the City Council approve the agreement, approve an additional appropriation of $50,680.57, and authorize payment to PG&E in the amount of $176,181.57. ---------------------------------------------------------------------------- ITEM NO. O COPIES TO: Rafanelli and Nahas Steve DeBacker, PG&E The Public Works Director has indicated that the replacement wording is acceptable. He has indicated that since a right-turn,lane has already been striped on Dougherty Road at Dublin Boulevard, the intent of the original Condition #47 has been temporarily met. The City will become responsible for the ultimate construction of the right-hand turn lane, including curb, gutter and restripping as necessary, if this change is approved. Therefore, mitigating traffic impacts at this intersection by requiring the right-turn lane (as established by the Negative Declaration for the Villages) will be satisfied. For information purposes, the Applicant has provided cost estimates associated with Condition #47 (see Attachment 4) . Also for information purposes, the Public Works Director has provided a memorandum on cost impacts to the City and Developer regarding Condition #47 (see Attachment 1) . The Public Works Director feels that the requested amendment would benefit the City by saving $87,205 in future underground utility construction costs. III. RECOMMENDATION Staff recommends that the City Council take the following actions: 1. Adopt the Draft Resolution regarding the PD, Planned Development Rezoning request for PA 89-041 (Exhibit A) . 2. Waive the reading and introduce the Ordinance amending Condition #47 of Planned Development PA 85-041.1 (City Council Resolution No. 31-86) , approving the Planned Development request for PA 89-041. -3- FINANCIAL STATEMENT: Please refer to Attachment 1 for financial impacts. ENVIRONMENTAL REVIEW: A mitigated Negative Declaration of Environmental Significance has been previously adopted for the original Planned Development Rezoning for the Villages (City Council Resolution No. 30-86) . The requested change to Condition #47 meets the intent of the original Mitigated Negative Declaration. Therefore, this project has been found to be Categorically Exempt from CEQA under Section 15305, Class 5 of the California Environmental Quality Act guidelines. DESCRIPTION: I. BACKGROUND On March 24, 1986, the City Council granted approval of the Planned Development District (PA 85-041.1) for the 1165+ unit Villages at Alamo Creek project. The Planned Development Rezoning (approved by City Council Resolution No. 31-86 shown as Attachment 2) establishes development criteria for the ultimate construction of the Village projects. On November 21, 1988, the Planning 'Commission granted Conditional Use Permit approval to modify existing Conditions #46c and #53 of PA 85-041. For your information, the resolution granting the approval (#88-068) is included, showing the revised wording (see Attachment 3) . On May 15, 1989, the Planning Commission held a public hearing to consider the Planned Development Rezoning request to modify Condition #47 of the PD approving the Villages (PA 85-041.1) . The Commission recommended that the Council approve the PD Rezoning to modify Condition #47. The issue is now before the Council for consideration. II. ANALYSIS The Applicant is requesting the approval to modify Condition #47 of the Planned Development approving the Villages (City Council Resolution No. 31- 86) . Staff has determined that it is appropriate to consider this request through the Planned Development Rezoning process, to give the City Council an opportunity to make a decision on this issue. The requested change is significant enough to warrant a final action by the City Council through the PD rezoning process. Condition #47 of City Council Resolution 31-86 states the following: Dougherty Road/Dublin Boulevard Intersection The project developer shall pay for construction of a right-hand turn lane, including curb, gutter and signal improvements, together with restriping as necessary, to accommodate a free right-hand turn lane off Dougherty Road and Dublin Boulevard. Improvements shall be complete or, in the event that right-of-way acquisition has not been completed by the City, funds shall be deposited with the City to cover the required improvements prior to occupancy of more than 360 project units. The Applicant would like to replace Condition #47 with the following wording: The developer shall be responsible for installing the underground duct work, vaults, and accessory structures (excluding conductors, transformers, switches or other electrical equipment) as required for the future undergrounding of the P.G.&E. overhead wires on Dougherty Road in the area of the street improvements provided for under Condition #53. Developer shall provide duct work, and pull boxes for future street lights, but no bases or poles. Developer shall stub out ducts for all future services at the property line. Upon completion of duct work street improvements, as provided under Condition #53, all facilities shall be conveyed to the City for use in future undergrounding of wires. -2- RESOLUTION NO. -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------- APPROVING AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY FOR UNDERGROUNDING UTILITIES ON DOUGHERTY ROAD BETWEEN THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY AND AMADOR VALLEY BOULEVARD WHEREAS, the City of Dublin wishes to improve the appearance and facilitate movement of traffic along Dougherty Road; and WHEREAS, the undergrounding of utilities will accomplish this end; and WHEREAS, Pacific Gas and Electric Company has submitted an agreement for undergrounding of utilities along Dougherty Road between the Southern Pacific Railroad Right of Way and Amador Valley Boulevard at a cost to the City of $176,181.57, which cost will be shared as follows: City of Dublin $125,501.00 Rafanelli and Nahas, developer $ 50,680.57 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the undergrounding agreement with Pacific Gas and Electric Company. BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is authorized to execute the agreement. PASSED, APPROVED, AND ADOPTED this 21st day of December, 1989. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk PAGE 2 OF 2 COPIES: REFERENCE: ❑ DIVISION PACIFIC GAS AND ELECTRIC COMPANY 0143E71652 ❑ APPLICANT GM 4748422 ❑ ACCT.OPERS. AGREEMENT TO INSTALL FACILITIES D&C 3487188 ❑ DISTRICT OR PERFORM OTHER WORK Ci.ty of Dublin, A Municipal Corporation hereinafter called Applicant, has requested Pacific Gas and Electric Company, hereinafter called PGandE, to perform the work described below at or near Dougherty Road, City of Dublin County of Alameda , State of California. PGandE will perform the work and furnish all necessary labor, appliances, materials and facilities re- quired, subject to the following conditions: 1. The required work shall be as follows: (Describe in detail the materials and facilities to be furnished and/or work to be done. For each facility installed,specifically indicate whether ownership shall vest in PGandE or Applicant upon completion of work. If more space is required use other side and attach any necessary drawings.) NONREFUNDABLE CHARGE 28% CIAC TAX Installation of push brace $2,861.03 $801.09 Street Light Connection 339.00 0.00 Inspection Fee 233.45 0.00 Reengineering Fee 7,620.00 0.00 $175,380.48 $801.09 TOTAL - $176,181.57 These costs are valid for a period not to exceed 90 days. Thereafter, all contracts should be promptly returned for revision. Ownership of facilities to vest in Pacific upon completion. 2. Whenever part or all of the required work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from the owners thereof all rights of way and/or permits necessary in a form satisfactory to PGandE and without cost to it. 3. Applicant shall immediately, upon demand and prior to construction by PGandE, pay to PGandE as the complete contract price the sum of One hundred Seventy-Six thousand one hundred eighty-one and 57/100----------------------------dollars ($ 176,181.57 . ). Executed this day of , 19 City of Dublin PACIFIC GAS AND ELECTRIC COMPANY Applicant BY: BY: Barbara J. Laue (print or type name) (print or type name) Mailing Address: Mr. Lee Thompson FOR: Manager, East Bay Region ly*mac P. 0. Box 2340 Dublin, CA 94568 62-4527 REV. 10-84 SD:skz 11/13/89 PAGE 1 OF 2 COPIES: REFERENCE: • DIVISION PACIFIC GAS AND ELECTRIC COMPANY 0143E71652 • APPLICANT GM 4748422 • ACCT.OPERS. AGREEMENT TO INSTALL FACILITIES D&C 3487188 ❑ DISTRICT OR PERFORM OTHER WORK City of Dublin, A Municipal Corporation hereinafter called Applicant, has requested Pacific Gas and Electric Company, hereinafter called PGandE, to perform the work described below at or near Dougherty Road, City of Dublin County of Alameda State of California. PGandE will perform the work and furnish all necessary labor, appliances, materials and facilities re- quired, subject to the following conditions: 1. The required work shall be as follows: (Describe in detail the materials and facilities to be furnished and/or work to be done. For each facility installed,specifically indicate whether ownership shall vest in PGandE or Applicant upon completion of work. If more space is required use other side and attach any necessary drawings.) Substructures installed in advance of this project. $ 46,785.00 This GM. 229,004.00 RULE 20B (IN CONVERSION AREA) 1. Total Cost Gross Financial Costs). 275,789.00 2. Less substructures (conduits, boxes, vaults, pads, etc. if accomplished by customer). (-) 35,470.00 3. Less cost to remove overhead portion. (-) 6,382.00 4. Cost to complete underground system (1)-(2+3) . 233,937.00 5. Less estimated cost of equivalent overhead. (-) 55,389.00 6. Less non Rule 20B work. (-) 14,221.00 7. Net nonrefundable cost of underground conversion (4)-(5+6). 164,327.00 2. Whenever part or all of the required work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from the owners thereof all rights of way and/or permits necessary in a form satisfactory to PGandE and without cost to it. 3. Applicant shall immediately, upon demand and prior to construction by PGandE, pay to PGandE as the complete contract rice the sum of RE ER TO PAGE 2 dollars ($ ). Executed this day of 19 . PACIFIC GAS AND ELECTRIC COMPANY Applicant BY: BY: (print or type name) (print or type name) Mailing Address: FOR: Manager, Division 62-4527 REV. 10-84 Mr. Lee Thompson November 20, 1989 Page 2 Prior to the installation of your permanent service, a final electrical and gas plumbing inspection approval by either the City or County, whichever has jurisdiction over your project, must be ' forwarded to this office. You must also call our Customer Services Department at 447-1480 if a new meter is to be installed. If you have any questions, please call me at 373-2702. Sincerely, ,�' &eDe Lr G� S ev Ba Industrial Power Engineer SD:skz Enclosure D&C 3487188 Pacific Gas and Electric Company Livermore Area L.R.(Lou)Holveck 2177-A Las Positas Court Manager Livermore,CA 94550 41513732682 41 November 20, 1989 lid. Mr. Lee Thompson `;_ City of Dublin ��i�s P. 0. Box 2340 Dublin, CA 94568 Dear Mr. Thompson: Dougherty Road Underground, Dublin Enclosed are four copies of our Agreement to Install Facilities. In accordance with the Federal Tax Reform Act of 1986, Contributions in Aid of Construction Tax of 28%, in the amount of $801.09 has been included. Please sign all copies of the agreement and return them with your check for $176,181.57. A fully signed copy of the agreement will be returned to you for your records. The charges are summarized below: PG&E's cost to perform this job $229,004.00 less substructures installed by customer <$ 35,470.00> less cost to remove overhead portion <$ 6,382.00> less estimated cost of equivalent overhead <$ 55,389.00> less non-Rule 20 work <$ 14,221.00> SUBTOTAL (This includes cable, splices, risers, etc. ) $117,542.00 -G ( Additional Charges: Reengineering fees $ 7,620.00 t�N Streetlight wire & connections $ 339.00 Substructures installed previous to this job $ 46,785.00 v3-PV" (-° Push brace installation $ 3,662. 12 Inspections $ 233.45 N a�hzs TOTAL $176,181.57 Costs quoted are valid for 90 days. We are scheduled to start construction around mid December. E4u4, 1 .e..._._.� . AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 12, 1989 REPORT PREPARED BY: Rod Barger, Senior Planner SUBJECT: PA 89-041 Villages Planned Development Rezoning request to modify Condition #47 of the Planned Development approving the Villages (PA 85-041.1)= EXHIBITS ATTACHED: Exhibit A: Draft City Council Resolution recommending .that the City Council approve the Planned Development Rezoning request for PA 89-041. Exhibit B: Draft Ordinance amending Zoning Ordinance for PA 89-041. Attachment 1: Memorandum from Public Works Director dated May 11, 1989 assessing cost impacts to City and Developer in regards to Condition #47. Attachment 2: City Council Resolution No. 31- 86 approving Planned Development Rezoning for the Villages approved March 24, 1986. Attachment 3: Planning Commission Resolution No. 88-068 approving Conditional Use Permit to modify existing Conditions #46c and .7#53 of PA 85-041.1. Attachment 4: Applicant's cost estimates associated with compliance with Condition r47. Attachment 5: Letter from Applicant to Staff dated March 29, 1989 requesting modification to Condition of Approval #47 of PA 85-041.1 (City Council Resolution No. 31-86) . Attachment 6: Draft Planning Commission Minutes from the meeting of May 15, 1989. RECOMMENDATION: 1. Open public hearing and hear Staff presentation. 2. Take testimony from Applicant and Public. 3. Question Staff, Applicant and the Public. 4. Close public hearing and deliberate. 5. Adopt Resolution regarding the PD Planned Development Rezoning request for PA 89-041 (Exhibit A) . 6. Waive reading and introduce Ordinance (Exhibit B) amending Condition #47 of Planned Development PA 85-041.1 (City Council Resolution No. 31-86) . ------------------------------------------------------------------------------ COPIES TO: Applicant Owner PA 89-041 May il, 1yiSy ` Page 2 Cost to developer if condition is changed: 1) Substructures, including street light conduit $118,000 2) Trenching 38,000 3) PG&E re-engineering 23,000 • $179,000 ESTIMATED DEVELOPER SAVINGS: $ 8,866 Note that the developer can probably do this work at less cost with his competitively bid contractor as compared to PG&E's estimate. Cost to City to underground utilities and pay for right turn lane if condition is changed:.: _ 1) Right turn lane $ 86,795 2) Pulling wires and equipment 175,000 3) Less wood pole credit (45,000) $216,795 ESTIMATED CITY SAVINGS: $ 87,205 This request is a cost-efficient request from both the developer's point of view as well as the City' s. The savings comes in through the cost waste in moving the poles, then removing them in the near future, and a tax savings that the City would not have to pay but the developer does. LST/gr CITY OF DUBLIN - M E M O R A N D U M Date: May 11, 1989 To: Rod Barger, Senior Planner From: Lee Thompson, Public Works Director. '/� Subject: Request from Rafanelli and Nahas to Eliminate and Replace Condition #47 of Planned Development Rezoning for the Villages at Willow Creek (PA 85-041.1) Ron Nahas is asking to (1) eliminate the cost of mo•Ting several power poles along Dougherty Road and (2) eliminate the requirement for the payment of the cost of a new free right turn lane southbound on Dcugherty Road at Dublin Boulevard. Mr. Nahas is proposing to pave the required two lanes for southbound Dougherty Road but to temporarily close off the median lane so as not to have to move the power poles. He will, in lieu of the above required work, put in all the underground conduit, pull boxes, and structures for undergrounding the existing overhead lines, as well as conduit and pull boxes for street lights. At some time in the future, the City would pay for pulling wires and installing equipment for the underground utility system and for removing the wood poles, thereby opening up the second southbound lane of traffic. Based on rough estimates from PG&', the cost implications are as follows: Cost to developer if no change in conditions: 1) Right turn lane, southbound Dougherty at Dublin Boulevard $ 86,795 2) Moving power poles 78,962 3) Tax on power poles relocation 22,109 $187,866 Cost to City to underground utilities if no change in conditions: 1) Substructures $113,000 2) Trenching 38,000 3) Pulling wires and installing equipment 175,000 4) PG&E re-engineering 23,000 5) Less wood pole credit (45.000) $304,000