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HomeMy WebLinkAboutReso 235-04 UtilReloc I-580 RESOLUTION NO. 235 - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *******..* APPROVING FIRST AMENDMENT TO THE UTILITY RELOCATION AGREEMENT WITH PACIFIC GAS & ELECTIC COMPANY (PG&E) FOR THE RELOCATION OF UNDERGROUND ELECTRIC FACILITIES WCATED WITHIN THE I·580/SAN RAMON ROAD INTERCHANGE PROJECT LIMITS WHEREAS, on August 5, 2003, the City of Dublin approved the Utility Relocation Agreement with PG&E for the relocation of underground electric facilities within the project limits of the I-580/San Ramon Road Interchange project; and WHEREAS, as agreed in the Utility Relocation Agreement, the relocation cost will be equally shared by PG&E and Dublin; and WHEREAS, the actual cost of the work exceeded 148% of the estimated cost, increasing the estimate trom $68,964.00 to $102,443.55, and the final City of Dublin share increased to $51,221.77; and WHEREAS, the Agreement specifies that if the final bill exceeds 125% of the estimated cost, an amendment to the agreement shall be executed prior to payment ofthe final bill; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the First Amendment to Utility Relocation Agreement with PG&E for relocation of underground electric facilities within the project limits of the I-580/San Ramon Road Interchange project. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment, attached hereto as Exhibit "A". PASSED, APPROVED AND ADOPTED this 21st day of December, 2004. AYES: Councilmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart NOES: None ABSENT: None Mayor ABSTAIN: None K'/G/12.2!.·04/reso-PG&E (ltcm4.2) g~milScproj\I.580.San Ramon\Rcso Utility Relocation Agmt.-Amcnd#l EXHIBIT "A" TO RESOLUTION NO.2.Q,5,.04 4-Ala-580 KP 34.0/34.4 San Ramon Rd. Interchange Project UT03-11.0I EA284801 PM 30293155 FIRST AMENDMENT TO UTILITY RELOCATION AGREEMENT NO. 03-11.01 WHEREAS, PACIFIC GAS AND ELECTRIC COMPANY hereinafter called OWNER, and the City of Dublin, hereaftcr called CITY, have entered into that certain Utilities No. 03-11.01 dated August 11,2003, which Agreement sets forth the terms and conditions pursuant to which Owner has relocated its electric facilities to accommodate construction on Road 4-Ala-580 KP 34.0/34.4 at San Ramon Road, Project File No. 284801 ; WHEREAS, in the performance of said relocation work, increased costs over and above those estimated at the time of the execution of said Agreement were incurred due to: a) Overrun of labor costs that were originally estimated. b) Overrun of contract costs that were originally estimated. c) Overrun of material costs that were originally estimated. WHEREAS, it has been detemlined that, since [mal costs have overrun the amount shown in said Utility Agreement by 49%, and in order to conform to 23 CFR 645, when increased cost exceeds by 25% the estimated amount set forth in the Utility Agreement, said Agreement must be amended to show the increased cost of the work to CITY; and; WHEREAS, the estimated cost to the City of the work to be performed under Utility Agreement No. 03-11.01 was $34,482, and by reason of the increased costs referred to above, the estimated cost to the CITY is $51,221.77; I NOW, THEREFORE, itis agr~ed between the parties as follows: 1. The estimated amount of $34,482 set forth in said Agreemcnt is hereby amended to read $51,221.77 All oth~r terms and conditions of said Utility Agr~ement 2. r~main unchanged. IN WITNESS WHEREOF, the parties hereto hav~ executed this Amended Utility Agreement this day of ,20_, CITY OF DUBLIN By; '2£A ,,-,,9 ( 4f-.-.,, PACIFIC GAS AND ELECTRIC CO. By: ATTEST' Carl Horikoshi, L.S. Land Services Supervisor Corporate Real Estate Areas 2 & 5 Date: Dat~: APPROVED AS TO FORM: By: c.~ \. I~.J~,~L- ';i _ (~' L City AttoDl~y I 2JU /6 tj Datc 2