HomeMy WebLinkAboutAgenda Report - June 19, 2013 C-21AGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Approving Memorandum of Understanding with
Northern California Power Agency Regarding Restoration of Joint Access Road at
White Slough Water Pollution Control Facility
MEETING DATE: June 19, 2013
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution approving Memorandum of Understanding with
Northern California Power Agency regarding restoration of joint
access road at White Slough Water Pollution Control Facility.
BACKGROUND INFORMATION: Northern California Power Agency (NCPA) is obligated under the
Final Commission Decision_ issued by the California Energy
Commission to repair roads damaged by oversize and/or overweight
construction vehicles associated with the construction of the Lodi Energy Center. The City of Lodi and
NCPA have agreed upon the roads to be restored, as presented in Exhibit A, and the cost sharing of the
estimated $115,000 project cost. The NCPA share is $75,000. The difference of $40,000 between the
estimated cost and the NCPA share is related to the City including deep -lift repairs and increasing the
structural section of the road. The terms of the Memorandum of Understanding are consistent with the
informal agreement between the parties regarding the scope and extent of the road restoration work.
Staff recommends approval of the Memorandum of Understanding.
FISCAL IMPACT
FUNDING AVAILABLE
FWS/pmf
Attachment
The City receives $75,000 toward the funding for the road restoration work.
Not applicable.
F. Wally andelin
Public Works Director
radt Bartlam, City Manager
K:\WP\White Slough\C NCPA MOU.doc 6/11/2013
Exhibit A to the Memorandum of Understanding
Between Northern California Power Agency and the
City of Lodi Relating to Roads at Lodi Energy Center
N 26°26'26" W 44.6
NORTH LINE OF
THE SOUTHWEST 1/4
SECTION 24
A= 03°46'21"
R=1670.10' L=109.96'
CH=N 24°33'16" W
CH L=109.94'
Ne
22040'06" W 499.23' J
A= 01°54'04"
R=3013.60' L=99.99'
CH =N 21°43'04" W
CHL=99.99'
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20' WIDE ROADWAY AND
INCIDENTAL FURFOSE5
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N 20'46'02" W 104&.49'-J I
A= 50'41'52"
R=88.66' L=78.45-'
CH=N 04°34'48" E
LEASE CHL=75.91'
DOUNDARY N 29"55'37" E 44.45'
A= 50043'03
I01 R=84.40' L=74.71'
CH=5 04034'09" W
CH L=72.29'
A-- 110017'54"
R=273.31' L=526.14=
SOUTH LINE CH=N 34°21'38" E
OF 5ECTION 24 CHL=448.58'
n/-- I nC-_
Area damaged by construction activities. To be
repaired as per MOU.
Area utilized for construction, no damage has
been identified and no repairs are necessary.
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MEMORANDUM OF UNDERSTANDING
BETWEEN NORTHERN CALIFORNIA POWER AGENCY
AND THE CITY OF LODI
RELATING TO ROADS AT LODI ENERGY CENTER
This Memorandum of Understanding ("MOU"), effective as of '2013, by and between the
City of Lodi, CA, hereinafter referred to as the "City" and Northern California Power Agency, 651
Commerce, Roseville, CA (hereinafter referred to as NCPA, for the purpose of achieving certain
objectives relating to completion of the Lodi Energy Center ("the Project").
WHEREAS, NCPA and the City desire to enter into an agreement in which NCPA and the City will work
together to complete/resolve the cost sharing to restore the joint use access roads to the City's White
Slough Water Treatment Facility and adjoining NCPA Lodi Energy Center; and.
WHEREAS, NCPA and the City wish to enter into a Memorandum of Understanding between them,
setting out the terms and conditions that each of the parties agree are necessary to complete restoration
of certain roads, more fully described below, relating to the Project.
1. Purpose
a. The purpose of this MOU is to set forth the parties' mutual understanding for sharing the cost of
restoring certain joint access roads ("Roads") to a mutually acceptable condition subsequent to
completion of the construction of the Lodi Energy Center. The Roads are depicted in Exhibit A,
attached hereto and incorporated herein.
b. The City and NCPA agree that the cost sharing arrangement set forth herein, relating to
restoration of the Roads, fulfills completely NCPA's obligations under the Final Commission
Decision issued by the California Energy Commission in response to NCPA's Application for
Certification (08 -AFC -10) relating to TRANS -2 which requires the NCPA's repair of roads
damaged by oversize or overweight construction vehicles associated with construction of the Lodi
Energy Center, Lodi, California ("TRANS -2).
2. Scope of Work
The activities and services necessary include but not limited to:
a. City and NCPA have reviewed the documentation of the pre -construction condition of the Roads
b. City and NCPA have determined that Roads need repair.
c. City has solicited quotations to repair and resurface Roads in accordance with City's specifications
to put a W lift (minimum) of AC over a geotextile fabric such as Petromat.
d. NCPA has solicited quotations to repair Roads in accordance with CEC Final Decision TRANS 2;
obligations to repair and reconstruct Roads damaged by oversize or overweight construction
vehicles to as near original condition as possible.
e. The parties recognize that NCPA's obligation is as set forth in Section 2d herein and that the City
wishes to combine the work for which NCPA is obligated with one or more projects which the City
proposes to undertake which may involve a broader scope and higher level of reconstruction than
that for which NCPA is obligated.
3. Fulfillment of NCPA's Obligation
a. NCPA will pay $75,000 to the City for City to make the repairs to the Roads consistent with the
City's specifications. NCPA shall pay the $75,000 to the City on or before July 31, 2013.
b. NCPA will have no further obligations to the City regarding the Roads arising out of TRANS -2.
City hereby waives all existing claims, known and unknown, against NCPA as to the Roads,
notwithstanding Civil Code section 1542, which states: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have materially affected his or her
settlement with the debtor."
c. On or before August 15, 2013, the City will provide the necessary approvals to satisfy the CEC
that NCPA has met its obligations under Final Decision Trans -2, including but not limited to a letter
confirming that NCPA has completed its obligation to reconstruct the damage roads per the CEC
final decision.
d. The City will contract for and administer the completion of the repairs to the Roads.
e. This Memorandum shall be effective upon the signature of both parties.
NORTHERN CALIFORNIA POWER AGENCY
Date
JAMES H. POPE, General Manager
Attest:
Assistant Secretary of the Commission
Approved as to Form:
Ruthann G. Ziegler
Assistant General Counsel
2086650.3
CITY OF LODI
Date:
KONRADT BARTLAM, City Manager
Attest:
City Clerk
Approved as to Form:
D. Stephen Schwabauer
City Attorney
Exhibit A to the Memorandum of Understanding
Between Northern California Power Agency and the
City of Lodi Relating to Roads at Lodi Energy Center
N 2602626" W 44.6
NORTH LINE OF
THE SOUTHWEST 1/4
SECTION 24
o= 03°46'21"
R=1670.10' L=109.96''
CH=N 2403316" W N0'
CHL=109.94'
1 22040'06" W 499.23' -'
A= 01°54'@4"
R=3013.60' L=99,99'
CH =N 21°43'04" W
CH L=99.99'
20' WIDE ROADWAY AND
INCIDENTAL PURPO5E5 0
EASEMENT
N 20046'02" W 1048.49'
Ne
A= 50041'52"
R=88.66' L=78.45•
CH =N 04°34'48" E
LEASE CHL=75.91'
BOUNDARY N 29°55'37" E 44.45'
` n= 50°43'03"/ 1
R=84.40' L=74.71'yl
CH=5 04034'09" W .
CH L=72.29'
A= 110°17'54"
R=273.31' L=526.14' -
SOUTH LIKE CH=N 34°2138" E
OF SECTION 24 CHL=448.58'
P.0.8 -...\__ N "!s30i"_E–
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Area damaged by construction activities. To be
repaired as per MOU.
Area utilized for construction, no damage has
been identified and no repairs are necessary.
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RESOLUTION NO. 2013-115
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
MEMORANDUM OF UNDERSTANDING WITH NORTHERN
CALIFORNIA POWER AGENCY REGARDING RESTORATION
OF JOINT ACCESS ROAD AT WHITE SLOUGH WATER
POLLUTION CONTROL FACILITY
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WHEREAS, Northern California Power Agency (NCPA) is obligated under the
Final Commission Decision issued by the California Energy Commission to repair roads
damaged by oversize and/or overweight construction vehicles associated with the
construction of the Lodi Energy Center; and
WHEREAS, the City of Lodi and NCPA have agreed upon the roads to be
restored and the cost sharing of the estimated $115,000 project cost. The NCPA share
is $75,000. The difference of $40,000 between the estimated cost and the NCPA share
is related to the City including deep -lift repairs and increasing the structural section of
the road; and
WHEREAS, staff recommends City Council approval of the Memorandum of
nderstanding.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Memorandum of Understanding with Northern California Power Agency
regarding the restoration of the joint access road at White Slough Water Pollution
Control Facility; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the Memorandum of Understanding on behalf of the City of
Lodi.
Dated: June 19, 2013
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I hereby certify that Resolution No. 2013-115 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held June 19, 2013, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
RAIJOHL
City Clerk
2013-115