B. Historical Summary Administration and Projects Committee STAFF REPORT April 6, 2017 Page 2 of 2 Changes from Committee Background PG&E owns and mai

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1 Administration and Projects Committee STAFF REPORT Meeting Date: April 6, 2017 Subject State Route 4 (SR4)/Balfour Road Interchange (Project 5005) Authorization to Execute No. 2 to Utility Agreement No. 410 with the Pacific Gas and Electric Company (PG&E) for Joint Utility Trench Relocation Services Summary of Issues Several utility relocations are required prior to construction of the SR4/Balfour Road Interchange. In November 2014, Utility Agreement No. 410 with PG&E was approved in the amount of $1,174,223 to relocate facilities in the PG&E joint trench on Balfour Road. No. 1 to Agreement No. 440, in the amount of $500,000, was approved in July All costs are billed on the basis of actual costs to PG&E. This amendment would provide additional budget to cover unforeseen costs and additional work for PG&E to install conduits and pull boxes to relocate fiber optic cables in the City of Brentwood. Recommendations Financial Implications Options Staff seeks authorization for the Chair to execute No. 2 to Utility Agreement No. 410 with PG&E in the amount of $50,000, for a new total agreement value of $1,724,223, to cover unforeseen cost and the relocation of the City of Brentwood utility as part of the joint utility trench relocation services and to allow the Executive Director to make any non substantive changes to the language. This Agreement is funded by the East Contra Costa Regional Fee and Financing Authority (ECCRFFA) and Measure J Funds. Adequate funds are programmed in the 2016 Measure J Strategic Plan. The Authority could elect not to approve this and renegotiate the terms of the Agreement. However, the Authority is obligated to pay PG&E the actual cost of the utility work and it is uncertain whether the negotiation will result in any savings. Attachments A. No. 2 to Utility Agreement No

2 B. Historical Summary Administration and Projects Committee STAFF REPORT April 6, 2017 Page 2 of 2 Changes from Committee Background PG&E owns and maintains two 21 kv three wire electric power distribution facilities in joint trenches with AT&T and Comcast along Balfour Road, which require relocation to accommodate the SR4/Balfour Road Interchange project. A temporary shoofly was required to relocate the underground utilities within the trench. In July 2015, No. 1 to Utility Agreement No. 410 with PG&E was approved for an additional $500,000, for a total agreement value of $1,674,223, for Authority s share of the relocation of the underground facilities on Balfour Road. The progress of the project was impacted by the wet weather in the 2016 winter. While the work was still completed on schedule, the wet weather resulted in multiple cancellations of road closures and weather mitigation measures that resulted in unforeseen costs. The City of Brentwood owns a number of fiber optic communications cables in the same area. These cables will be impacted by the interchange construction and had to be relocated as part of the interchange project. As these fiber lines run along the same route as the PG&E joint trench, the installation of conduits and pull boxes for the relocation of the fiber cables was added to the PG&E scope of work. This approach reduces project costs because of the economy of scale. It also minimizes future coordination efforts and risks for utility conflicts. Financial liability for the required PG&E relocation is determined as 50% project and 50% PG&E. Financial liability for the installation of the fiber conduits for relocating the City of Brentwood fiber lines is determined as 100% project. The cost of installing the City of Brentwood fiber cable conduits was previously estimated at $95,665. This amendment increases the Authority s portion of the additional work by $50,000, for a new total agreement value of $1,724,223. The agreement language allows the Authority to pay the actual costs, up to 125% of the estimated or agreement cost. If the final bill exceeds 125% of the estimated cost, an amendment to the agreement would be necessary. Staff recommends entering into No. 2 to Utility Agreement No. 410 to reimburse PG&E for actual relocation costs. 5-2

3 CONTRA COSTA TRANSPORTATION AUTHORITY UTILITY AGREEMENT Page 1 of 3 Dist 04 Co CC Rte 4 PM 34.9/36.3 Federal Project No.: N/A Project No Owner s File No.: PM , , FEDERAL PARTICIPATION: On the Project On the Utility Yes Yes EA 4H1600 No No AMENDMENT No. 2 to UTILITY AGREEMENT NO: (CCTA No. 410) BETWEEN CONTRA COSTA TRANSPORTATION AUTHORITY AND PACIFIC GAS AND ELECTRIC COMPANY DATE: April 19, 2017 The Contra Costa Transportation Authority, hereinafter called "AUTHORITY," in partnership with the State of California, acting by and through the Department of Transportation, hereinafter called "STATE" proposes to construct operational and safety improvements (SR-4) between 1.1 miles north of Balfour Road and 0.6 miles south of Balfour Road in the City of Brentwood, California in accordance with AUTHORITY Project No. 410, hereinafter referred to as PROJECT and Pacific Gas and Electric Company, hereinafter called OWNER, owns and maintains two 21 KV 3-wire electric power distribution facilities in joint trenches along Balfour and associated appurtenances along Balfour Road crossing SR-4 and overhead crossing SR-4 hereinafter referred to as FACILITY, which require relocation to accommodate the PROJECT. The AUTHORITY and OWNER entered into Utility Agreement No (CCTA No. 410) on November 14, 2014; and The AUTHORITY and OWNER entered into No. 1 to Utility Agreement No (CCTA No. 410) on July 15, AMENDMENT No. 2 It is hereby mutually agreed that all terms and conditions from Utility Agreement No (CCTA No. 410) are in effect, with the exception of the following clauses, which are hereby amended as follows: I. WORK TO BE DONE In accordance with Notice to Owner No dated November 19, 2014, OWNER shall provide for the design and relocation of OWNER s FACILITY to accommodate the construction of the AUTHORITY s PROJECT. All work shall be performed substantially in accordance with OWNER's Job PM: , dated 09/10/2014, consisting of 3 sheets, a copy of which is on file in the Office of the AUTHORITY at 2999 Oak Road, Suite 100 Walnut Creek, CA OWNER shall relocate underground 21 KV 3-wire electric power distribution facilities along Balfour Road into a joint trench with AT&T and Comcast. OWNER shall also install conduits and pull boxes to allow for the relocation of City of Brentwood optic fibers. The work must be performed in coordination with the scope of work on the Project, which is scheduled to commence in June Any deviations from the OWNER s plan described above initiated by either the AUTHORITY or the 5-3

4 CONTRA COSTA TRANSPORTATION AUTHORITY UTILITY AGREEMENT Page 2 of 3 OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the AUTHORITY and acknowledged by the OWNER, will constitute an approved revision of the OWNER s plan 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 a revised Notice to Owner. II. LIABILITY FOR WORK The existing facilities described in Section I above will be relocated at 50% AUTHORITY expense and 50% OWNER expense, based upon the estimated liabilities under Section 5(C) of the Freeway Master Contract between the State of California and Pacific Gas and Electric Company, dated November 1, The conduits and pull boxes for City of Brentwood utilities described in Section I above will be installed at 100% AUTHORITY expense; Total Estimated cost for Relocation Work $ 3,257,116 AUTHORITY s Estimated Liability at 50% $ 1,628,558 Total Estimated cost for City of Brentwood Fiber Work $ 95,665 AUTHORITY s Estimated Liability at 100% $ 95,665 Total AUTHORITY s Estimated Liability $ 1,724,223 V. GENERAL CONDITIONS All obligations of the AUTHORITY under the terms of this Agreement are initiated per the provisions of the Cooperative Agreement between the AUTHORITY and the STATE (Caltrans Agreement No ), dated July 16, All reasonable and necessary costs accrued by OWNER as a result of AUTHORITY's request 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 of this Agreement. If the AUTHORITY s Project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by OWNER, the AUTHORITY will notify OWNER in writing and the AUTHORITY reserves the right to terminate this Agreement by. The shall provide mutually acceptable terms and conditions for terminating the Agreement. OWNER shall submit a Notice of Completion to the AUTHORITY within 30 days of the completion of the work described in Section I above. The provisions hereof shall inure to the benefit and be binding upon the respective successors and assigns of the parties hereto. THE ESTIMATED COST, AS OF THE SIGNATURE DATE OF THIS AGREEMENT, TO THE AUTHORITY FOR ITS SHARE OF THE ABOVE DESCRIBED WORK (engineering and construction costs) IS $1,724,

5 CONTRA COSTA TRANSPORTATION AUTHORITY UTILITY AGREEMENT Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Utility Agreement the day and year first above written. CONTRA COSTA TRANSPORTATION AUTHORITY PACIFIC GAS AND ELECTRIC COMPANY By By Tom Butt, Chair APPROVAL RECOMMENDED: By Randell H. Iwasaki Executive Director 5-5

6 Pacific Gas and Electric Historical Summary of Contract s CT410 Date Contract Amount of Total Contract Amount Description Jul 18, 2012 Jul 15, 2015 Apr 19, 2017 Original Contract No. 1 Proposed No. 2 $ $ 1,174,223 Original Contract $ 500,000 $ 1,674,223 $ 50,000 $ 1,724,223 for additional construction costs for unforeseen construction costs, conduits and pull boxes for City of Brentwood utilities *Exclusive of 25% contingency 5-6

Administration and Projects Committee STAFF REPORT June 4, 2015 Page 2 of 2 Attachments A. Letter from Caltrans dated May 15, 2015 Changes from Commit

Administration and Projects Committee STAFF REPORT Meeting Date: June 4, 2015 Subject Summary of Issues Recommendations Financial Implications Options I-680/State Route 4 (SR4) Interchange Improvements