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HomeMy WebLinkAboutItem 4.02 UndergrndElectFacilti CITY CLERK File # D~[Q][Q]-0J[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 21,2004 SUBJECT: Approval of First Amendment to the Utility Relocation Agreement with Pacil1c Gas & Elcctric Company (PG&E) for the Relocation of Underground Electric Facilities within the I-580/San Ramon Road Interchange Improvements Project Limits Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) 2) 3) Resolution, together with Exhibit "A", Amendment Ulility Relocation Agrccmcnt PG&E letter dated October 21, 2004 RECOMMENDATION: ~ )$' FINANCIAL STATEMENT: Adopt resolution approving the First Amendment to the Utility Relocation Agreement and authorizing the City Manager to execute said agreement The first amcndment to the Utility Relocation Agreement with PG&E will amend the estimated cost of the utility relocation work equally shared by PG&E and Dublin. The following is a breakdown of the utility relocation cost: Final utility relocation cost: $102,443.55 $ 51,221.77 ( 34,482.00) $ 16,739.77 Final City of Dublin share (50% of cost): Less Initial City of Dublin share: Additional cost for Dublin: This added cost has already been budgeted in thc FY 2004-2005 budget for construction. DESCRIPTION: On November 16, 2004, the City Council acceptcd thc I-580/San Ramon Road Interchange Improvements under Contract No. 03-11. Prior to construction of the improvements, PG&E relocated underground electric facilities on the east side of San Ramon Road that were in conflict with the project. As agreed in the Utility Agreement betwccn PG&E and Dublin, the relocation cost will be equally sharcd by PG&E and Dublin. PG&E has since indicated that the actual cost of the work exceeded 148% of the estimated cost, increasing the amount from $68,964 to $102,443.55. The utility agreement specifics that if the final bill exceeds 125% of the estimated cost, an __... 111.__.................. ___... _____......... ___...... _____... __...................... -----...... -... ----...... COPIES TO: \1);), Randy Burton, PG&E ITEMNO.~ O;\rI.11SCPROJ\I-.:'i80 San Ramon\Agst Utility RdOCaLi(m Agmt Amend # I 580-San Ramon.doc amendment to the agreemcnt shall be executed prior to payment of final bill. Contributing factors to the incrcascd cost are: a) overrun of labor 'costs originally estimated; b) overrun of contract costs, ineluding saw cutting and paving; and c) overrun of cable material costs. The first amendment to the Utility Relocation Agreement with PG&E amends the final cost obligation of Dublin tram $34,482 to $51,221.77. The additional cost of $16,739.77 has alrcady been budgeted in the FY 2004-2005 budget for construction. StalTrecommends that the City Council adopt thc resolution approving the first amendment to thc Utility Relocation Agreement with PG&E and authorizing the City Managcr to execute said amendment. 26/)d- (uo 1/ RESOLUTION NO. - 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 LOCATED WITHIN THE I-S80/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 clcctric facilities within the project limits of the I-580/San Ramon Road Interchange project; and WHEREAS, as agreed in the Utility Relocation Agreement, thc 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 tram $68,964.00 to $102,443.55, and the final City of Dublin share increased to $51,221.77; and WHEREAS, thc Agreement specifies that if the final bill exceeds 125% of the estimatcd cost, an amendment to the agreement shall be executed prior to payment ofthe final bi1l; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves thc First Amcndment to Utility Relocation Agreement with PG&E for relocation of underground electric facilities within thc project limits of the 1-580/San Ramon Road Interchange project. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendmcnt, attached hereto as Exhibit "A". PASSED, APPROVED AND ADOPTED this 21st day of Decembcr, 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:m¡scpTOj\]-5~O-San Ramon\Re!iu Utility Relocation Agmt·Amend#1 12.-21-0<-\ '-1.2- ATTACHMENT ~ J~ II EXHIBIT "A" TO RESOLUTION NO. _-04 4-Ala-580 KP 34.0/34.4 San Ramon Rd. Interchange Project UT 03-11.01 EA 284801 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, hereafter 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 clcctric 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 oflabor 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 determined that, since final 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 thc 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 ofthe 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 mmITA NOW, THEREFORE, it is agreed between the parties as follows: 1. The estimated amount of $34,482 set forth in said Agreement is hereby amended to read $51,221.77 2. All other terms and conditions of said Utility Agreement remain unchangcd. IN WITNESS WHEREOF, the parties hereto have executed this Amcnded Utility Agreement this day of ,20_. CITY OF DUBLIN PACIFIC GAS AND ELECTRIC CO. By: By: Richard C. Ambrose City Manager Carl Horikoshi, L.S. Land Services Supervisor Corporate Real Estate Areas 2 & 5 Datc: Date: APPROVED AS TO FORM: By: City Attorney Date 2 3~l/ tf'b 1\ 1/ CITY OF DUBLIN - PUBLIC WORKS DEPARTMENT UTILITY RELOCATION AGREEMENT Page lof4 Disl. 4 County Ala Route K.P. 580 34.0/34.4 E.A. 284801 Fed.. Aid. No. Owner's File PItIIOZ.q~ 156' FEDERAL PARTICIPATION: On the Project 0 Yes xx No On the Utilities 0 Yes xx No UTILITY RELOCATION AGREEMENT NO. 03-11.01 (Eleetric) 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 Ramon Road/Foothill Road Interchange in Dublin, California ("Project"); and WHEREAS, Pacific Gas and Electric Company, hereinafter caned "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: L 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 ineluding vaults and duct easterly to behind the future sidewalk area per the approved Project plans (hereinafter "Work"). All Work shan 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 Wo-r:-ks Department at 100 Civic Plaza, Dublin, CA 94568. Deviation tram 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 Rcvised 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 priorto receipt by the Owner ofthe Revised Notice to Owner. Changes in the scope of the Work wm require an amendment to this Agreement in addition to the Revised Notice to Owner. ATTAUllMENT 2,. § 1rfJ/ \ UTILITY RELOCATION AGREEMENT (Cont'd) Page 2 of 4 UTILITY RELOCATION AGREEMENT NO. 03-11.01 n. 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. TotalEstimated 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 continu.ing basis to perfonn work of this type, and to provide and furnish all necessary Ia.bor, 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. N. 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 shaH 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 Jess 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 ofprogress bills which exceed the amount of this Agreement may be made after receipt and approval by City of documentation supporting the cost increase and aftcr an Amendment to the Agreement has been executcd by tlle parties to this Agreement. I' u% )1 UTILITY RELOCATION AGREEMENT (Cont'd) Page 3 of4 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 elose 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 thc 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 tram 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 shaIl 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 trom the work described in Section I of this Agreement shall have th.e prior concurrence of City. Detailed records tram 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 I, Part31 by City, State and/or Federal auditors. V. GENERAL CONDITIONS All costs accrued by Owner asa result of City's request of Junc 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 ofthis 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. '7nö II " 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 PACIFIC GAS & ELECTRIC COMPANY BY:---\~~~ Richard C. Ambros City Manager s!.II.:., Date By: ~ 'J-#_'/_ -~ 9/sfO! NEALo.R~ate Supervisor, Land Services NorÙl Coast Area APPROVED AS TO FORM: By:~tJ-eL]J J~L o sj£1] Date City Attorney G:\MISCPROJ\I-.580 San Ramon\UtilttyRc:;1ocalionAgre:cmc.nLtlù¡:; b~1I ~." ~;:n Pa:iJ::Gas ¡njEØ:bi:a......... 'I lone Services Office 3480 Rldirk Avec"" Suite 15ü Pleasont Hill, C^ 9~52J ll>""'¡"!\'f;:'i". ;i"'1~t..'t':,,:"': .,:;,~J" ., ' .' -'00' October 21, 2004 {>ueUC:\'\IOF!K(); Mr. Ferd Del Rosario Senior Civil Engineer Public Works Department City of Dublin 100 Civic Plaza Dublin, CA. 94568 RE: 4-Ala-580 KP 34.0/34.4 San Ramon Road, Dublin UT.03-11.01 EA 284801 PM 30293155 Dear Mr. Del Rosario: The attached itemized invoice covers the actual cost incurred by the electric facility relocation work required to accommodate the subject City/State project construction. Utility Agreement 03-11.01 stated that the estimated cost of the electric relocation would be $68,964.00 with the City.'s share at 50% or $34,482.00. As noted on the attached invoice, the actual cost of the electric relocation is $102,443.55 with the City's share being $51,221.77. Contributing factors to the overrun are: . Overrun of labor costs that were originally estimated. . Overrun of contract costs that were originally estimated. Sawcut and paving wasn't included on the original estimate. · Overrun of material costs because more cable was purchased than originally estimated. ATTAUmNT 3. q'b II Please prepare and forward an Amendment to Utilities Agreement 03-11.01 reflecting the true cost of the electric relocation for our approval and execution. Please mail your check in the amount of $51,221.77 to: Randy Burton Land Agent Land Services Office 3480 Buskirk Avenue, Suite 150 Pleasant Hill, CA 94523 Please make reference to our D&C UJN 6507087 and PM30293155 on your check, and on any correspondence you may send me. If you have any questions, please contact me at (925)674-6433. Attachments I~ Pacific Gas and Elaotrlc Company Invoice City of Dublin Public Works Department Mr. Ferd Del Rosario Senior Civil Engineering 100 Civic Plaza Dublin, CA 94568 DETACH ANPMAIL WITH PAYMENT BILLING DOCUMENT NO UJN 6507087 61-""""."21 1001 II Go!npln;l~li( 0 Page 1 of 2 OFFICE Randy Burton Land Agent 3480 Buskirk Avenue Suite 150 Pleasant Hill, CA 94523 DIVISION Mission DATE September 20,2004 AMOUNT $51,221.77 JOB NO. 30293155 DETAIL TOTAL WORK DESCRIPTION AND DETAIL OF COSTS QUANTITY AMOUNT AMOUNT To cover 50 percent of the actual. cost of relocating electric facilities to accommodate the City of Dublin at Route 580 - San Ramon/Foothill Road Interchange, Dublin. This is in accordance with Utility Agreement No_ 03-11.01 dated June 24, 2003. Construction was started on 09-30-03 and completed on 10-01-03. All records are located In the Management Reporting Department, 77 Beale Street, Room 1134, San Francisco, CA. DEBITS: Labor $ 59,654.49 Material 28,058.51 Contract Costs 9,689.29 Other Direct Costs 400,00 Subtotal Directs $ 97,802.29 Indirect Costs 4,621.62 Overhead Costs 7.640.64 Subtotal Indirect 12.262.26 Total Debits $ 110,064.55 MA Y BE PAID AT ANY PG&E OFFICE OR AUTHORIZED PA YSTA nON RECEIVED PAYMENT DATE PAID ,I~ Pacific Gas and Eløctric Company Invoice City of Dublin Public Works Department Mr. Ferd Del Rosario Senior Civil Engineering 100 Civic Plaza Dublin, CA 94568 DETACH ANtJMAIL WITH PAYMENT BILLING DOCUMENT NO UJN 6507087 61-64"IR","'1 H611/ Ca~ler . V Page 2 of 2 OFFICE Randy Burton Land Agent 3480 Buskirk Avenue Suite 150 Pleasant Hill, CA 94523 DIVISION Mission DATE September 20,2004 AMOUNT $51,221.77 JOB NO. 30293155 DETAIL TOTAL WORK DESCRIPTION AND DETAIL OF COSTS QUANTITY AMOUNT AMOUNT CREDITS: Betterment Allowance $ ( 0.00) Salvage Allowance (1,990.00) Depreciation Allowance (5.631.00) Total Credits $ ( 7621.00) Total Net Cost 102,443.55 Less 50% at PG&E Company Expense 51.221.78 TOTAL AMOUNT DUE $ 51.721 77 , MA Y BE PAID AT ANY PG&E OFFICE OR AUTHORllED PA YSTA nON RECEIVED PAYMENT DATE PAID