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Home My WebLink AboutMINUTES - 09192006 - C.28 5E-•L Contra TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: September 19, 2006 00• -Co= .�r County sp9• SUBJECT: APPROVE the Actual Cost Contract between Contra Costa County and Pacific Gas and Electric Company(PG&E) to fund the relocation of a transmission line to accommodate the Iron Horse Trail Pedestrian Overcrossing in the Pleasant Hill BART Station Area. (Redevelopment Agency), (District IV)Project No.: 0662-6R4078 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE the Actual Cost Contract,between Contra Cost County and Pacific Gas and Electric Company (PG&E) to fund the relocation of a 115 kV wood pole transmission line to accommodate the Iron Horse Trail Pedestrian Overcrossing in the Pleasant Hill BART Station area. CONTINUED ON ATTACHMENT: El SIGNATURE: ,lew'� _6G RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER r SIGNATURES ACTION OF BON <;AV '- 7y66 X-1q,-t-** ICROVED AS RECOMMENDED OTHER VOTE F SUPERVISORS: ��_ I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT /// COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT YZ— ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Carl Roner,Design 313-2213 CJR:kp c A� /� G:\Design\BOARD ORDERS\2006\BO 9-19-06(2)-PG&E.doc ATTESTED G G�'�Ob y� 6 JO CULLEN,CLERK OF THE BOARD OF SUPERVISORS cc: Auditor-Controller E.Kuevor-CAO M.Hollingsworth,Design N.Leary,Design BY: DEPUTY C.Reynolds,Accounting 6/1 • 4 SUBJECT: APPROVE the Actual Cost Contract between Contra Costa County and Pacific Gas and Electric Company(PG&E)to fund the relocation of a 115 kV wood pole transmission line around the Iron Horse Trail Pedestrian Overcrossing, in the Pleasant Hill BART Station Area. (Redevelopment Agency), (District IV) DATE: September 19, 2006 PAGE: 2 of 2 FISCAL IMPACT: There will be no impact to the General Fund. The estimated cost to relocate the PG&E transmission lines is $124,355. The County has already paid $40,000 toward the cost of relocation and will deposit$99,355 with PG&E prior to the commencement of facilities location. All costs associated with this work will be paid by Contra Costa County Redevelopment Agency. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The County Redevelopment Agency is planning to construct a pedestrian and bicycle overcrossing along the Iron Horse Trail over Treat Boulevard in the Pleasant Hill BART Station Area. In order to construct the overcrossing,a 115 kV PG&E transmission line will need to be relocated to the east of the bridge alignment. PG&E has prior easement rights along the Iron Horse Trail, so the sponsor of the overcrossing project must reimburse PG &E for these relocation costs. CONSEQUENCES OF NEGATIVE ACTION: If the agreement is not approved, the implementation of the project may be halted, as the bridge cannot be constructed in its current location without relocating the PG&E transmission lines. ACTUAL COST CONTRACT THIS AGREEMENT is entered into this/ %h day of T` , 2006, by and between CONTRA COSTA COUNTY ("Agency") and P CIFIC GAS AND ELECTRIC COMPANY ("PG&E"), RECITALS: A. PG&E owns, operates, and maintains a certain 115kV wood pole line(PG&E's facilities). The rights to these facilities are described in the Final Order of Condemnation filed for record in Book.5181 of Official Records at page 10, Contra Costa County records. B. Agency is constructing a pedestrian bridge for the Iron Horse Trial (hereafter "Project") over Treat Boulevard in the unincorporated area of Contra Costa County, which will necessitate the relocation of PG&E's facilities. C. PG&E has agreed to relocate its facilities to accommodate Agency's Project. AGREEMENT: 1. PG&E will relocate its facilities to accommodate the Agency's Project under the terms and conditions set forth in this Agreement. 2. Agency shall provide,at no cost to PG&E and in a form satisfactory to PG&E all necessary land rights for the relocation of PG&E's facilities or reimburse PG&E for its costs incurred in acquiring such land or land rights. PG&E will convey or quitclaim to Agency its land or land rights occupied by facilities to be abandoned or removed within the land or rights of way required by Agency for construction of the Project 3. In the event PG&E needs to construct temporary facilities for relocation of its facilities, PG&E may use lands owned or controlled by Agency for making such temporary installation provided that Agency shall have approved the location thereof in writing in advance of the temporary relocation. Upon completion of construction of such facilities in their permanent location,PG&E shall remove all 'temporary facilities. 4. Agency shall acquire, at no cost to PG&E and in a form satisfactory to.PG&E, all necessary permits required for the temporary or permanent rearrangement of PG&E's facilities from governmental agencies having jurisdiction over the same and shall file any statements required by, or otherwise comply with the applicable provisions of the Environmental Quality Act of 1970 (California Public Resources Code, Sections 21000 et seq.). 5. Agency will pay PG&E for 100% of the actual net cost of relocation, including costs, if any, involved in any temporary relocation of PG&E's facilities. The total actual net cost is estimated'to be $124,355.00. 6. The actual net cost will be paid as follows: a. Agency has paid PG&E $40,000 which will be applied toward the total actual net cost of the work to be performed under the Agreement. b. Agency will deposit with PG&E $99,355 prior to the commencement of the facilities relocation. c. If PG&E submits to Agency an un-itemized preliminary invoice, Agency will pay the balance within thirty (30) days after Agency's receipt of the preliminary invoice. d. If it is determined that any additional costs remain due, Agency shall pay the balance of such costs within thirty(30) days after receipt of a final invoice, subject to verification as described in paragraph 10 below. 7. PG&E will determine actual cost in accordance with the uniform system of accounts prescribed for utility companies by the Public Utilities Commission of the State of California and PG&E's regularly established accounting practices and will include, but shall not be limited to, the following charges: survey costs, acquisition of land rights, labor and payroll taxes, material and supplies, transportation, stores and tool expense, supervision and overheads,-including allowance for funds used during construction, and an allowance for worker's compensation and public liability and property damage insurance, and estimated federal and state taxes. 8. PG&E will calculate actual net cost as actual cost reduced by the following: a. betterment, defined as replacements costing more than the replaced facilities because of greater capacity, durability or efficiency. b. Salvage value of any materials removed and retained by PG&E, the replacement cost of which is charged to Agency. Upon completion of work, PG&E may submit to Agency an un-itemized preliminary invoice for the actual charges recorded to date, less an amount for estimated salvage and betterment, if any. Within thirty(30) days after receipt of PG&E's invoice, Agency shall reimburse PG&E therefore. If PG&E elects to submit the preliminary invoice,then within thirty(30) days after the date PG&E sends the un-itemized preliminary invoice,PG&E shall send the Agency a final fully itemized invoice (hereafter"final invoice"). The final invoice shall itemize all the goods.and services provided by.PG&E under this Agreement, including those contained in the preliminary invoice. 9. Within thirty (30) days after receipt of PG&E's final invoice, Agency shall reimburse PG&E for any amount due in excess of the amount Agency previously paid PG&E. Agency shall have reasonable access to PG&E's accounts and records for the purpose of auditing the final invoice and, notwithstanding the thirty (30) days provided Agency to reimburse PG&E for the final invoice, a reasonable amount of time to conduct such audit. If, after the itemized invoice is prepared, it is determined that the actual net cost is less than any amount previously paid by Agency under this Agreement, PG&E shall reimburse Agency the amountof the difference between the amount paid and the actual net cost, without interest. 10. PG&E will-begin work immediately upon receipt of the $99,355 deposit and acquisition of necessary land rights in a form.satisfactory to PG&E. PG&E will diligently carry out the relocation of its facilities as nearly as possible in accordance with PG&E's Drawing No. 30400781, attached hereto and marked Exhibit A. 11. The provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by duly authorized officers this day and year first hereinabove set forth. PACIFIC GAS AND ELECTRIC AGty COMPANY By By air pervisor for Contra Costa ATTEST: 4;r— John Cullen,CIerk of the Board of Supervisors and County Administrator By eputy RECOMMENDED FOR APPROVAL: Maurice M. Shiu Public Works Director By FORM APPROVED: Silvano B. Marchesi County Counsel By Deputy-