HomeMy WebLinkAbout03-31-2015 C3 LOVR Interchange PGE Pole EasementCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Daryl R. Grigsby, Public Works Director
Prepared By: Kyle Rowland, Engineering Inspector
SUBJECT: LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENT
PROJECT, SPECIFICATION NO. 99821.
RECOMMENDATIONS
1. Adopt a resolution approving and authorizing the Mayor to execute an Easement Deed with
Pacific Gas and Electric (PG&E) to allow for utility relocation along Calle Joaquin.
2. Approve a contract amendment to Encumbrance No. 40908 with Dokken Engineering in the
amount of $10,000 to perform geotechnical services during the construction phase of the Los
Osos Valley Road / U.S. 101 Interchange Improvements Project, Specification No. 99821.
DISCUSSION
PG&E Pole Relocation
As part of the overall construction of the Los Osos Valley Road and U.S. 101 Interchange
Improvements Project (LOVR, Specification No. 99821), an existing PG&E power line located
parallel to and between U.S. 101 and Calle Joaquin requires relocation (Attachment 1 & 2). A
total of eight poles need to be moved (six permanently and two temporarily), all of which are
currently within Caltrans’ right-of- way. There are two primary reasons for the relocation: 1) A
temporary off ramp for southbound U.S. 101 will be constructed and tie into the north end of the
Calle Joaquin cul-de-sac, going through the existing pole line; and 2) Caltrans requires all
longitudinal utility encroachments to be relocated outside its right-of-way if the utility lies within
the project footprint of the construction of a transportation improvement.
As anticipated with this phase of the project, PG&E is requesting that an Easement Deed be
granted for the new location of the pole line, close to the Freeway. The new location of the utility
line is depicted in Exhibit B of Attachment 3, and utilizes an existing PUE for a portion of the
line, extending from the northerly end of Calle Joaquin over Lot 5 depicted in Attachment 2.
The City will need to grant PG&E an easement over Lot 5 to complete the relocation. Lot 5 is
owned by the City and is leased to Central Coast Ag Network. The City has provided language
in the Easement Deed to minimize the impact on the current tenant; however, the Public Utilities
Code and PG&E’s Tariff Rules limit the extent of such negotiations. Provisions for tree removal
and trimming are needed for PG&E compliance with regulations for line clearance.
Resolution No. 5370 (1984 Series) authorizes the Mayor or Vice-Mayor to accept easement
dedications on behalf of the City, but there is no corresponding blanket resolution that authorizes
the Mayor or Vice-Mayor to dedicate easements from the City to others. The attached draft
resolution (Attachment 4) authorizes the Mayor to grant an easement to PG&E across Lot 5 for
their pole relocation.
Geotechnical Engineering Support– Dokken Contract Amendment
On a separate issue, as part of project construction, the design engineering firm, Dokken
Engineering, is assisting with construction engineering services (Attachment 5). In that capacity,
3/31/2015
C3
C3-1
Dokken assists the on-site construction staff with interpretation of the plans, resolution of
construction inconsistencies, response to contractor requests for information or change orders,
project redesigns (if necessary), and as-built submittals. A need for geotechnical support from
Dokken during the construction phase of the project has been identified. These services are not
part of the existing design services contract with Dokken. Staff has worked with Dokken to
prepare a scope of work and cost estimate for these services through the end of construction to be
used on an as-needed basis only, and in an amount not to exceed $10,000 (Attachment 6).
CONCURRENCES
The City’s Natural Resources Manager concurs with granting the easement across Lot 5.
ENVIRONMENTAL REVIEW
Utility relocations were included in the scope of work described in the approved environmental
documents for the overall LOVR Project as a necessary part of the construction phase.
FISCAL IMPACT
PG&E Pole Relocation.
There is no fiscal impact to the City for the cost of the physical pole relocation. The cost for the
pole relocations will be borne entirely by PG&E according to Section 680 of the Streets and
Highways Code.
Geotechnical Engineering Support– Dokken Contract Amendment.
The project is identified in the 2013-15 Capital Improvement Plan, pages 3-252 through 3-255.
Council action on April 1, 2014 and September 16, 2014 approved project funding including
Citywide Transportation Impact Fees (TIF) grant and debt financing.
Council approved $7.5 million of debt financing with $3.5 million allocated to fund the three
consultant firms providing support throughout the construction and closeout phases of the
project. The remaining $4 million was allocated to fund a portion of the overall construction
cost. As shown below, adequate project balances remain to cover the cost of the additional
engineering services that are being requested.
Available Funding Encumbrances
2013-14 Financial Plan 100,000$
Transfer from Land Acquisition Phase - Council Action (4/1/2014)759,475$
Debt financing for PM, CM, Design Support, and Contingency (9/16/2014)3,500,000$
Total 4,359,475$
Project Manager Expenses (Southstar Engineering)(1,399,545)$
Construction Manager Expenses (MNS Engineers)(2,352,870)$
Construction Design Support (Dokken Engineering)(228,860)$
Proposed Geotechnial Support Amendment (Dokken Engineering) (3/31/2015)(10,000)$
Total (3,991,275)$
Remaining Contingency 368,200$
Construction Management Phase of 99821 Project Account
C3-2
ALTERNATIVES
Deny approval of the PG&E Pole Relocation Easement. If Council denies approval of the Real
Property Permanent Easement with PG&E, then the temporary southbound exit ramp will not be
able to be constructed and the commitment to Caltrans will be unfulfilled. If the temporary
southbound exit ramp is not constructed, there will not be a southbound exit ramp in place for the
traveling public for approximately six months, since the contractor will be closing the existing
ramp for this period of time to perform needed work on the Prefumo Creek box culvert that
crosses underneath the ramp.
Deny approval of Geotechnical Engineering Support– Dokken Contract Amendment. Denial
of this amendment will prevent access to the necessary geotechnical consultation required for
this project.
ATTACHMENTS
1. Vicinity Map
2. SLO Parcel Map 04-0615
3. Draft PG&E Easement & Design Exhibit
4. Draft Resolution Approving Easement
5. Dokken Engineering Agreement
6. Draft Amendment to Dokken Engineering Agreement
T:\Council Agenda Reports\2015\2015-03-31\LOVR Interchange PG&E Pole Easement (Grigsby-Rowland)\CAR LOVR Interchange PG&E Easement_Geotech.docx
C3-3
THIS PAGE IS INTENTIONALLY LEFT BLANK
C3-4
VICINITY MAP
REAL PROPERTY PERMANENT EASEMENT WITH PG&E
US 101 / LOVR INTERCHANGE RECONSTRUCTION PROJECT
SPEC. NO 99821
ATTACHMENT 1
C3-5
ATTACHMENT 3 - 1
C3-6
ATTACHMENT 3 - 2
C3-7
ATTACHMENT 3 - 3
C3-8
Distribution Easement (Rev. 04/13)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
Land Services Office
4325 South Higuera Street
San Luis Obispo, CA 93401
Location: City/Uninc ____________________________
Recording Fee $_______________________________
Document Transfer Tax $ _________________________
[ ] This is a conveyance where the consideration and
value is less than $100.00 (R&T 11911)
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens & Encumbrances
Remaining at Time of Sale.
___________________________________________________
Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2231-12- EASEMENT DEED
CITY OF SAN LUIS OBISPO, a chartered California municipal corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a
California corporation, hereinafter called Grantee, the right from time to time to construct, reconstruct,
install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together
with a right of way therefor, within the easement area as hereinafter set forth, and also ingress thereto
and egress therefrom, over and across the lands of Grantor situate in the City of San Luis Obispo ,
County of San Luis Obispo , State of California, described as follows:
APN 053-152-006, -007, -008
Parcel 5 of Parcel Map SLO 04-0615 as said parcel is shown upon the map filed for
record November 8, 2006 in Book 67 of Parcel Maps at page 68, San Luis Obispo
County Records.
Said facilities and easement area are described as follows:
Such poles, aerial wires, cables, electrical conductors with associated crossarms,
braces, transformers, anchors, guy wires and cables, fixtures and appurtenances, as
Grantee deems necessary for the distribution of electric energy and communication
purposes located within the strip of land of the uniform width of 10 feet lying 5
feet on each side of the alignment of the facilities as initially installed
hereunder. The approximate location of said facilities are shown upon Grantee’s map
Exhibit “B”, attached hereto and made a part hereof. (Strip 1)
Such poles, aerial wires, cables, electrical conductors with associated crossarms,
braces, transformers, anchors, guy wires and cables, fixtures and appurtenances, as
Grantee deems necessary for the distribution of electric energy and communication
purposes located within the strip of land of the uniform width of 5 feet lying 2.5
feet on each side of the alignment of the facilities as initially installed
hereunder. The approximate location of said facilities are shown upon Grantee’s map
Exhibit “B”, attached hereto and made a part hereof. (Strip 2)
ATTACHMENT 3
C3-9
Distribution Easement (Rev. 04/13)
Grantor and Grantee acknowledge and agree that said easement granted herein is non-
exclusive and in gross.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees
and brush now or hereafter within said easement area, and shall have the further right, from time to
time, to trim and cut down trees and brush along each side of said easement area which now or
hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed
hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Grantor shall not erect or construct any building or other structure or drill or operate any well within
said easement area.
Grantor further grants to Grantee the right to assign to another public utility as defined in Section 216
of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use
communications facilities within said easement area (including ingress thereto and egress therefrom).
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit
“A”, attached hereto and made a part hereof.
The legal description herein, or the map attached hereto, defining the location of this utility
distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and
Professions Code.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto.
Dated ______________________, 20____.
12/11/14 CITY OF SAN LUIS OBISPO, a chartered
Los Padres Division; Area 4 California municipal corporation
San Luis Obispo Land Services Office
Electric Distribution
(MDM, T31S, R12E)
(Sec. 3, S½ of SW¼)
FERC: N/A
PG&E Dwg. #: S-3112155 ______________________________________________
Plat #: NN-33-11 By:
Affected LD: N/A Print Name: ____________________________
Cross Ref LD: N/A
Interest: 03, 06, 43 Title: ____________________________
SBE: N/A
PM: 31055284
JCN: N/A
County: San Luis Obispo
Utility Notice #: N/A ______________________________________________
851 Approval Application # __________ By:
851 Approval Decision # _____________ Print Name: ____________________________
trp/cjm
L# 51875.doc
ATTACHMENT 3
C3-10
Distribution Easement (Rev. 04/13)
State of California
County of )
On __________________________, before me, , Notary Public,
Here insert name and title of the officer
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
ATTACHMENT 3
C3-11
Distribution Easement (Rev. 04/13)
Pacific Gas and Electric Company
EXHIBIT “A”
GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to
Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s
applicant. Please read this disclosure carefully before signing the Grant of Easement.
You are under no obligation or threat of condemnation by PG&E to grant this easement.
The granting of this easement is an accommodation to PG&E’s applicant requesting the
extension of PG&E utility facilities to the applicant’s property or project. Because this
easement is an accommodation for a service extension to a single customer or group of
customers, PG&E is not authorized to purchase any such easement.
By granting this easement to PG&E, the easement area may be used to serve additional
customers in the area. Installation of any proposed facilities outside of this easement area
will require an additional easement.
Removal and/or pruning of trees or other vegetation on your property may be necessary
for the installation of PG&E facilities. You have the option of having PG&E’s contractors
perform this work on your property, if available, or granting permission to PG&E’s
applicant or the applicant’s contractor to perform this work. Additionally, in order to
comply with California fire laws and safety orders, PG&E or its contractors will
periodically perform vegetation maintenance activities on your property as provided for in
this grant of easement in order to maintain proper clearances from energized electric lines or
other facilities.
The description of the easement location where PG&E utility facilities are to be
installed across your property must be satisfactory to you.
The California Public Utilities Commission has authorized PG&E’s applicant to
perform the installation of certain utility facilities for utility service. In addition to granting
this easement to PG&E, your consent may be requested by the applicant, or applicant’s
contractor, to work on your property. Upon completion of the applicant’s installation, the
utility facilities will be inspected by PG&E. When the facility installation is determined to
be acceptable the facilities will be conveyed to PG&E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and
understand that you are voluntarily granting the easement to PG&E. Please return the signed and
notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy
of the Grant of Easement and this Disclosure Statement is for your records.
ATTACHMENT 3
C3-12
11/17/14
trp
Los Padres
51875.dgn
cjm (3)
along boundaries or lines
all courses extend to or
Unless otherwise shown
MDM
San Luis Obispo
EXHIBIT "B"
City, Rancho, Subdivision, Etc.
SECTION TOWNSHIP RANGE
REFERENCES:
MERIDIAN
DATESCALE
APPLICANT:
DRAWING NO.AUTHORIZDIVISIONPG&E
COUNTY:
F.B.: DR.BY: CH.BY:
Existing Pole
Property Line
New Pole
Legend
1"= 200’
Easement Delineation
67 P
M 68
S
L
O 04-06
1
5
Lot 1
Lot 2
Lot 3
Lot 4
Ptn Lot 5
C
alle Jo
aqu
in 05
-S
LO
-10
1
P
l
a
t
N
o
.
N
N
-
3
3
-
1
1
Ptn
Lot 5
Ptn Lot 5
San Luis Obispo
(12E)(31S)
PGE (LOVR)
31055284 S-3112155
Existing
O
H
Line
AP
N: 05
3-152-00
7
AP
N: 05
3-152-00
6
-
00
8
APN: 053-152-006, -007, -008
Doc# 2013-006696
Doc# 2006-079697
a charter CA Municipal Corp
City of San Luis Obispo,
Sign
4704
0005
(Section 3, S‰ of SW…)
cL 10’ OH Strip
Approximate location
See Detail
Si
g
n
(Strip 1)
(S
trip
1
)Ptn Lot 5
cL 5’ OH Strip
Approximate location
(Strip 2)
Detail: 1" = 80’
Well
Tank
ATTACHMENT 3
C3-13
ATTACHMENT 4 - 1
RESOLUTION NO. (2015 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE REAL PROPERTY EASEMENT AGREEMENT
WITH PACIFIC GAS & ELECTRIC FOR UTILITY LINES
WHEREAS, the City of San Luis Obispo (“City”) is constructing a new overpass at the
Los Osos Valley Interchange (“LOVR Project”);
WHEREAS, as part of the LOVR Project, the City will construct a temporary
southbound off-ramp onto the Calle Joaquin cul-de-sac;
WHEREAS, in order to construct such temporary off-ramp, the City needs relocate
certain utility poles along Calle Joaquin to insure the safety of the traveling public.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by this
reference.
SECTION 2. The City Council hereby approves and authorizes the Mayor to execute the
Easement Deed with Pacific Gas & Electric attached hereto as Exhibit “A”.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2015.
________________________________
Mayor Jan Marx
ATTEST:
______________________________
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________
J. Christine Dietrick
City Attorney
C3-14
Resolution No. (2015 Series) ATTACHMENT 4 - 2
Page 2
T:\Council Agenda Reports\2015\2015-03-31\LOVR Interchange PG&E Pole Easement (Grigsby-Rowland)\A4 - Easement Resolution.docx
C3-15
ATTACHMENT 5 - 1
C3-16
ATTACHMENT 5 - 2
C3-17
ATTACHMENT 5 - 3
C3-18
ATTACHMENT 5 - 4
C3-19
ATTACHMENT 5 - 5
C3-20
ATTACHMENT 5 - 6
C3-21
ATTACHMENT 5 - 7
C3-22
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on Tuesday,
March 31, 2015, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to
as City, and Dokken Engineering, hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on April 20, 2004 the City entered into an Agreement with Contractor to prepare Phase I
PA&ED services for the U.S. 101/Los Osos Valley Road Interchange Improvements project, Specification No.
99821; and
WHEREAS, the City desires to amend the scope of services to include geotechnical engineering support to
the City of San Luis Obispo and the Resident Engineer throughout construction. This work generally includes
evaluating geotechnical data and providing geotechnical engineering consultation as needed. The Contractor has
submitted a proposal for this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. The scope of services and related compensation is hereby amended as set forth in Exhibit A
attached hereto.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first written above.
ATTEST: CITY OF SAN LUIS OBISPO
____________________________________ By: ____________________________________
City Clerk City Administrative Officer
APPROVED AS TO FORM: CONTRACTOR
_____________________________________ By: ____________________________________
City Attorney
ATTACHMENT 6 - 1
C3-23
ATTACHMENT 6 - 2
C3-24
ATTACHMENT 6 - 3
C3-25
ATTACHMENT 6 - 4
C3-26
ATTACHMENT 6 - 5
C3-27
ATTACHMENT 6 - 6
C3-28
ATTACHMENT 6 - 7
C3-29
THIS PAGE IS INTENTIONALLY LEFT BLANK
C3-30