HomeMy WebLinkAboutAgenda Report - March 19, 2014 C-07AGENDA ITEM C6*01
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Measure K Renewal
Cooperative Agreement for Acquisition of Right -of -Way for Harney Lane Grade
Separation Project and Appropriating Funds ($1,071,900)
MEETING DATE: March 19, 2014
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Measure K
Renewal Cooperative Agreement for Acquisition of Right -of -Way
(Agreement) for Harney Lane Grade Separation Project and
appropriating funds in the amount of $1,071,900.
BACKGROUND INFORMATION: The Harney Lane/Union Pacific Railroad (UPRR) Grade Separation
is an overpass bridge structure being developed as part of the City's
future plan to widen Harney Lane from two lanes to four lanes
between the western limits at Lower Sacramento Road to the State Route 99 interchange. The current
project development is primarily focused on constructing the overpass grade crossing and on widening
Harney Lane to four lanes between Hutchins Street on the west and Stockton Street on the east. The
widened portion of Harney Lane will tie into an existing four -lane segment immediately east of the project
limits and will transition back to two lanes just west of the intersection with Hutchins Street.
In order to relocate the existing utilities and construct the improvements, acquisition of right-of-way, utility
easements, and temporary construction easements is required at this time. The utility relocation work will
begin in the summer of this year. Construction of the grade separation project will begin as early as
summer of 2015, if funding is authorized.
The legal services of Kronick, Moskovitz, Tiedeman and Girard have been secured by agreement with
the City Attorney. The requested appropriation includes up to $30,000 for legal services leading to
Council approval of resolutions of necessity to acquire up to two of the properties.
The Measure K Renewal program will provide $829,782 toward the total estimated right-of-way, utility
easements and temporary construction easements cost of $1,071,900. Additional funding will be
provided in the amount of $242,118 from City of Lodi Measure K local street repair funds. In order to
receive these funds, the City is required to enter into the Agreement that is provided in Attachment A.
The Agreement was approved by the San Joaquin Council of Governments Board of Directors at their
February 25, 2014 meeting.
FISCAL IMPACT: None
FUNDING AVAILABLE: Requested Appropriation:
Measure K Renewal Grant (3251) $829,782
Measure K Local Street Repair 3251} $242,118
Jordan Ayers
Deputy City Manag rllnternaI S rvices Director
F. Wally SWidelin
Public Works Director
FWSlpmf
Attachment f 1
APPROVED:
m City Manager
K4WP1PROJECTMTREETSLHameyGradeSeparation\CMK CoopAgmt.doc 2119/2014
MEASURE K RENEWAL COOPERATIVE AGREEMENT
FOR THE RIGHT-OF-WAY ACQUISITION OF THE
HARNEY LANEWNION PACIFIC RAILROAD (UPRR) GRADE SEPARATION PROJECT
This Cooperative Agreement ("Agreement") is made and entered into by
and between the City of Lodi, a municipal corporation of the State of California ("Sponsor") and
the SAN JOAQUIN COUNCIL OF GOVERNMENTS, acting as the San Joaquin County
Transportation Authority ("Authority").
RECITALS
WHEREAS, Authority and Sponsor desire to enter into a Cooperative Agreement for
funding of transportation improvements in San Joaquin County pursuant to the authority
provided by San Joaquin County Local Transportation Improvement Plan and Ordinance
("LTIP"), which was approved by the voters of San Joaquin County on November 7, 2006; and
WHEREAS, Sponsor desires to receive funding from the Authority for the particular
transportation improvement project work specified herein ("Project"); and
WHEREAS, the Project is eligible as the Right -of -Way Acquisition for the Harney
Lane/Union Pacific Railroad (UPRR) Grade Separation Project of the Railroad Crossing Safety
category of the LTIP; and
WHEREAS, the Authority is authorized under the LTIP to issue Measure K Renewal
funds to Sponsor in the amount of $829,782 or 79.64% of the total eligible Project costs as
estimated by the Sponsor in Exhibit "A" not to exceed the lesser of 829,782; and
WHEREAS, Authority shalt issue reimbursement payments as provided in Section 2.1 to
Sponsor pursuant to a request for reimbursement submitted by the Sponsor; however, the
Sponsor understands that in no event shall reimbursement payments, when aggregated with the
previously approved reimbursement requests, exceed the lesser of $829,782 or 79.64% of the
total Project costs as listed in Exhibit "A"; and
WHEREAS, any cost savings which result in less than $829,782 being spent on Project
acquisition will be retained by the Authority and may be re -programmed for other Measure K
Renewal eligible projects;
WHEREAS, Sponsor agrees to abide by the terms and conditions of the Authority as set
forth herein for the receipt of Measure K Renewal funds; and
WHEREAS, Authority agrees to provide funding for the transportation improvements of
the Sponsor's Project according to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and undertakings herein
made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant
and agree as follows:
AGREEMENT
SECTION I
Covenants of Sponsor
1.1. Project Application. The complete Project description, scope of work, delivery
schedule, estimate of cost by activity, anticipated amount and type of funds that will supplement
Measure K Renewal funds, and the anticipated timing for release of Measure K Renewal funds
shall be specified in the application, which is attached as Exhibit "A," and incorporated herein by
this reference.
1.2. Chance In Project Scope. A change in the Project scope as described in Exhibit "A"
may not be implemented until it has been approved in writing by the Authority. Changes in scope
implemented prior to Authority approval will not be eligible for reimbursement and in no event will
a change in scope result in the Authority reimbursing more than $829,782.
1.3. Eligible Reimbursement Costs. Eligible reimbursement costs shall be Right -of -Way
Acquisition costs as specified in Exhibit "A" or as may be approved from time to time by the
Authority pursuant to Section 1.2. In no event shall expenses incurred prior to the execution of
this Agreement be considered eligible reimbursement costs.
1.4. Construction and Other Costs. It is understood that construction, construction
administration, and inspection costs are not a part of the eligible reimbursement costs of the
Agreement.
1.5. Measure K Percentage Share Defined. For this Agreement, the Measure K
Renewal percentage share of eligible Project costs shall be 79.64% of the Project costs with the
total not to exceed the lesser of $829,782 or 79.64% of the total costs for Project costs listed in
Exhibit "A".
1.6. Invoices and Proaress Reports. Starting one month after the execution of this
Agreement, Sponsor shall provide monthly progress reports and shall provide invoices monthly
for activities conducted over the prior unbilled month. These documents shall include the
following specified information:
1.6.a. Copies of Consultant Invoices. Sponsor shall provide the Authority with one
(1) copy of all invoices submitted to Sponsor by every consultant, subconsultant, contractor, or
subcontractor performing work related to the Project.
1.6.b. Progress Reports. The monthly progress reports shall include a brief
description of the status of the Project including the work completed to date and progress on the
public outreach activities. This summary may be included on the invoices submitted to the
Authority or be attached to those invoices.
1.7. Use of Funds. Sponsor shall use Measure K Renewal funds consistent with the
Project scope of work described in Exhibit "A" or approved by the Authority pursuant to Section
1.2.
1.8. Submittal of Documents. Sponsor shall provide copies to the Authority of all
executed contracts which relate to the Project scope as described in Exhibit "A" or approved by
the Authority pursuant to Section 1.2. Sponsor shall retain records pertaining to the Project for a
four (4) year period following completion of the Project.
1.9. Completion of Project. Sponsor shall be responsible for the timely completion of the
Project and provide management of consultant and contractor activities, including responsibility
for schedule, budget and oversight of the services, consistent with the scope of work. Since
Sponsor is responsible for the Project management and oversight, any and all costs which
exceed the lesser of $829,782 or 79.64% of the total eligible Project costs, set forth in Exhibit "A"
shall be the sole responsibility of Sponsor. This provision shall apply in all instances, including
situations where a change in scope has been approved by the Authority pursuant to Section 1.2.
1.9.a. Letter of Completion. Sponsor shall, within 45 days,provide a letter of Project
completion which includes final cost, revenues, and schedule of completed and future activities.
This letter shall accompany the final invoice for payment from the Sponsor to provide notice of
Agreement account closing by Authority.
1.10. Public Outreach. Sponsor shall be responsible for the development and
administration of a public outreach effort to ensure public awareness and involvement in the
project development and delivery process. Sponsor shall provide a copy of the public outreach
plan and all materials documenting the public outreach activities, including public meeting
notices, meeting information, and attendance lists, to the Authority. The public outreach plan
shall accompany the first invoice for payment from the Sponsor. The materials documenting the
public outreach activities shall accompany the final invoice for payment from the Sponsor.
1.11. Cost Savings and Excess Costs.
1.11.a. Cost Savings. After the Project has been accepted by the Authority as
complete, any positive difference between the cost, as listed in Exhibit "A" or approved by the
Authority pursuant to Section 1.2, and the total amount invoiced to the Authority shall be
considered cost savings. 100% of the cost savings will be re -credited to the Measure K
Renewal Regional Arterial category for re -programming on other eligible projects.
1.11.b. Excess Costs. In the event the actual Project cost exceeds the estimate shown
in Exhibit 'A" this amount will be considered an excess cost. Sponsor is solely responsible for
all costs over the amount identified in Section 1.5.
1.12. Errors and Omissions. Sponsor shall diligently monitor and manage all aspects of
the Project and shall aggressively pursue any and all remedies, including full restitution and
damages from any consultant, contractor or sub -contractor and their insureds and sureties
suspected of any acts, errors, or omissions committed during business activities that
economically damage the project.
SECTION II
Covenants of Authority
2.1. Reimbursement Payments. The Authority shall make reimbursement payments to
Sponsor for eligible Project costs as specified in Exhibit "A". To receive monthly reimbursement
payments for work completed on the Project, Sponsor shall comply with the following
reimbursement procedures:
2.1.a. Deadline to Submit Reimbursement Requests. All invoices and progress
reports shall be submitted to Authority on or before 5:00 p.m. on the tenth (10th) calendar day of
the month in which the Sponsor requests reimbursement payments. Authority shall issue
reimbursement payments to Sponsor on or before the last day of the month for all timely
submittals.
2.1.b. Late Submittals. If Sponsor fails to submit documents to Authority as set
forth in Section 2.1.a, above, then Authority may provide reimbursement payments for late
submittals in the following calendar month.
2.1.c. Ineligible Costs. The Authority reserves the right to adjust current or future
reimbursement payments to Sponsor if an invoice includes ineligible costs.
2.1.d. Reimbursement Amount. The amount of reimbursement payments to
Sponsor shall be equivalent to 79.64% of eligible expenditures for each invoice submitted to the
Authority as specified in Exhibit "A". The total reimbursement percentage share for this
Agreement is the lesser of $829,782 or 79.64% of the Right -of -Way Acquisition costs.
2.1.e. Suspension of Reimbursement. If the Authority determines that any costs
in an invoice are not allowable, the Authority shall return the invoice to Sponsor, with an invoice
dispute notice outlining the reason for the return and the proposed remedy, if one exists, which
would make the invoice acceptable for payment. Sponsor may re -submit the invoice for
payment after reviewing the invoice dispute notice and making any necessary corrections.
Sponsor may also immediately submit a new invoice representing only the amounts which are
not in dispute, while setting aside the disputed amounts for review in accordance with the
provisions set forth in this Section 2.1.
2.1.e. (1) Meeting. Once a dispute has occurred, the Authority shall arrange a
meeting between the Authority and the Sponsor staff to discuss and attempt to resolve the
dispute. If the invoice was received on or before 5:00 p.m. on the 10th day of the month, the
meeting shall be held no later than the 20th day of the same month. If the invoice was received
after this date and time, then the meeting shall be held no later than the 20th day of the following
month.
2.1.e. (2) Technical Advisory Committee. If an agreement cannot be reached at
the meeting, then the Sponsor or the Authority shall have the option to take the dispute to the
Authority's Technical Advisory Committee, with the understanding that by doing so the
reimbursement for the disputed cost item(s) will be delayed until a resolution of the matter is
reached.
2.1.e. (3) Board Decision. If the Sponsor or the Authority disagrees with the
resolution by the Technical Advisory Committee then the dispute shall be submitted to the
Authority's Board for resolution. If the Board determines that the disputed cost item(s) is
ineligible, the Authority shall not provide reimbursement payment to the Sponsor for the disputed
item(s). If the Board determines that the disputed cost item(s) is eligible, then the Authority shall
provide reimbursement payment to the Sponsor for the disputed cost.
2.1.e. (4) Reservation of Rights. By utilizing the above procedures, the Sponsor
does not surrender any rights to pursue available legal remedies if the Sponsor disagrees with
the Board decision.
2.1.f. Acceptance of Work Does Not Result In Waiver. Reimbursement payments
do not result in a waiver of the right of the Authority to require fulfillment of all terms of this
Agreement.
2.2 Reimbursement of Construction and Other Costs. A separate agreement shall be
entered into to obtain reimbursement for construction, contract administration, and inspection
costs for the Project.
2.3. Right to Conduct Audit. The Authority shall have the right to conduct an audit of all
Sponsor's records pertaining to the Agreement at any time during the four (4) year period after
completion of the Agreement.
SECTION III
Mutual Covenants
3.1. Term. This Agreement shall remain in effect until discharged or terminated as
provided in Section 3.2 or Section 3.15.
3.2. Discharge. This Agreement shall be subject to discharge as follows:
3.2.a. Termination by Mutual Consent. This Agreement may be terminated at any
time by mutual consent of the parties.
3.2.b. Discharge Upon Completion of Project. Except as to any rights or
obligations which survive discharge as specified in Section 3.14, this Agreement shall be
discharged, and the parties shall have no further obligation to each other, upon completion of
the Project as certified by the Authority.
3.3. Indemnity. It is mutually understood and agreed, relative to the reciprocal
indemnification of Authority and Sponsor:
3.3.a. Sponsor shall fully defend, indemnify and hold harmless Authority, and any
officer or employee of Authority, against any damage or liability occurring by reason of anything
done or omitted to be done by Sponsor under the Agreement. It is also fully understood and agreed
that, pursuant to Government Code Section 895.4, Sponsor shall fully defend, indemnify and hold
the Authority harmless from any liability imposed for injury as defined by Government Code Section
810.8 occurring by reason of anything done or omitted to be done by Sponsor underthis Agreement
or in connection with any work, authority, or jurisdiction delegated to Sponsor under this Agreement.
3.3.b. Authority shall fully defend, indemnify and hold harmless Sponsor, and any
officer or employee of Sponsor, against any damage or liability occurring by reason of anything done
or omitted to be done by Authority under or in connection with any work, authority or jurisdiction
delegated to Authority under the Agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, Authority shall fully defend, indemnify and hold the Sponsor
harmless from any liability imposed for injury as defined by Government Code Section 810.8
occurring by reason of anything done or omitted to be done by Authority under this Agreement or in
connection with any work, authority, or jurisdiction delegated to Authority under this Agreement.
3.4. Liability. As Authority is not the primary or responsible agency for carrying out the
Project herein identified, the Authority is not liable for any loss, cost, liability, damage, claim, lien,
action, cause of action, demand or expense which may arise as a result of the acts or omissions
of Sponsor or its agents, contractors, consultants, engineers, or representatives. Nor shall the
Authority be liable for any loss, cost, liability, damage, claim, lien, action, cause of action,
demand or expense which may arise as a result of Authority's provision of funds which may be
utilized in, but not limited to the acquisition of, the design, implementation, or construction of the
project herein described.
3.5. Notices. Any notice which may be required under this Agreement shall be in writing
and shall be given by personal service, or by certified or registered mail, return receipt
requested, to the addresses set forth below:
TO AUTHORITY:
Andrew T. Chesley
Executive Director
San Joaquin County
Transportation Authority
555 E. Weber Avenue
Stockton, California 95202
TO SPONSOR:
F. Wally Sandelin
Director
City of Lodi
Public Works Department
City Hall, 221 West Pine Street
Lodi, CA 95240
Either party may change its address by giving notice of such change to the other party in
the manner provided in this Section 3.5. All notices and other communications shall be deemed
communicated as of actual receipt or after the second business day after deposit in the United
States mail.
3.6. Additional Acts and Documents. Each party agrees to do all such things and take
all such actions, and to make, execute and deliver such other documents and instruments, as
shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.
3.7. Integration. This Agreement represents the entire Agreement of the parties with
respect to the subject matter hereof. No representations, warranties, inducements or oral
agreements have been made by any of the parties except as expressly set forth herein, or in
other contemporaneous written agreements.
3.8. Amendment. This Agreement may not be changed, modified or rescinded except in
writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall
be void and of no effect.
3.9. Independent Agency. Sponsor renders its services under this Agreement as an
independent agency and the Authority is also an independent agency under the Agreement.
None of the Sponsor's agents or employees shall be agents or employees of the Authority and
none of the Authority's agents or employees shall be agents or employees of Sponsor.
3.10. Assignment. The Agreement may not be assigned, transferred, hypothecated, or
pledged by any party without the express written consent of the other party.
3.11. Binding on Successors. This Agreement shall be binding upon the successor(s),
assignee(s) or transferee(s) of the Authority or as the case may be. This provision shall not be
construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other
than as provided above.
3.12. Severability. Should any part of this Agreement be determined to be unenforceable,
invalid, or beyond the authority of either party to enter into or carry out, such determination shall
not affect the validity of the remainder of this Agreement which shall continue in full force and
effect; provided that, the remainder of this Agreement can, absent the excised portion, be
reasonably interpreted to give effect to the intentions of the parties.
3.13. Counterparts. This Agreement may be executed in one or more counterparts and
shall become effective when one or more counterparts have been signed by all of the parties;
each counterpart shall be deemed an original but all counterparts shall constitute a single
document.
3.14. Survival. The following provisions in this Agreement shall survive discharge:
3.14.a. Sponsor. As to Sponsor, the following sections shall survive discharge:
Section 1.7 (obligation to apply funds to Project), Section 1.8 (obligation to provide copies and
retain records), Section 1.9 (obligation to continue to manage Project).
3.14.b. Authority. As to Authority, the following section shall survive discharge:
Section 2.3 (right to conduct audit).
3.14.c. Both Parties. As to both parties, the following section shall survive discharge:
Section 3.3. (mutual indemnities).
3.15. Limitation. All obligations of Authority under the terms of this Agreement are expressly
contingent upon the Authority's continued authorization to collect and expend the sales tax proceeds
provided by Measure K and Measure K Renewal. If for any reason the Authority's right or ability to
collect or expend such sales tax proceeds is terminated or suspended in whole or part so that it
materially affects the Authority's ability to fund the project, the Authority shall promptly notify
Sponsor, and the parties shall consult on a course of action. If, after twenty-five (25) working days,
a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by
mutual or joint consent. Any future obligation to fund this project or any other project or projects of
Sponsor, not already specifically covered by separate Agreement, shall arise only upon execution of
a new Agreement.
3.16. Attorneys' Fees. Should any litigation commence between the parties concerning the
rights and duties of any party pursuant to, related to, or arising from, this Agreement, the prevailing
party in such litigation shall be entitled, in addition to such other relief as may be granted, to a
reasonable sum as and for its attorneys' fees and costs of such litigation, or in a separate action
brought for that purpose.
3.17. Time. Time is and shall be of the essence of this Agreement and each and all of its
provisions in which performance is a factor.
3.18. Remedies Cumulative. No remedy or election of remedies provided for in this
Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in
equity. Each remedy shall be construed to give the fullest effect allowed by law.
3.19. Applicable Law. This Agreement shall be governed by, and construed and enforced in
accordance with the laws of the State of California.
3.20. Captions. The captions in this Agreement are for convenience only and are not a part
of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement
and shall not affect the construction or interpretation of any of its provisions.
3.21. No Continuing Waiver. The waiver by any party of any breach of any of the provisions
of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
the same, or of any other provision of this Agreement.
3.22. No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended
to confer any rights or remedies under or by reason of this Agreement on any third party, nor is
anything in this Agreement intended to relieve or discharge the obligation or liability of any third party
to any party to this Agreement, nor shall any provision of this Agreement give any third party any
right of subrogation or action over or against any party to this Agreement.
3.23. Signator's Warranty. Each party warrants to each other that he or she is fully
authorized and competent to enter into this Agreement in the capacity indicated by his or her
signature and agrees to be bound by this Agreement as of the day and year first mentioned above
upon the execution of this Agreement by each other party.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day
and year first written above.
CITY OF LODI
By:
D. STEPHEN SCHWABAUER
Interim City Manager
ATTEST:
By:
RAND[ JOHL-OLSON
City Clerk
APPROVED AS TO FORM:
By:
JANICE D. MAGDICH
Interim City Attorney
SJCOG, Acting as the SAN JOAQUIN COUNTY
TRANSPORTATION AUTHORITY:
By:
JEFF LAUGERO
Chair of the Board
ATTEST:
By:
ANDREW T. CHESLEY
Executive Director
By:
STEVE DIAL
Deputy Executive Director/Chief Financial Officer
Exhibit "A"
MEASURE K RENEWAL DELIVERY PLAN
APPLICATION FOR MEASURE K FUNDING
HARNEY LANE/UNION PACIFIC RAILROAD (UPRR) GRADE SEPARATION PROJECT
RIGHT-OF-WAY ACQUISITION
This application is a request for reimbursement of right-of-way acquisition costs for the Harney
Lane/UPRR Grade Separation Project.
1. Project Name, Location:
Harney Lane Grade Separation at the Union Pacific Railroad (UPRR), Approximately 3/ mile west of
State Route 99 in Lodi, CA.
(See Attached Project Vicinity Map)
2. Project Sponsor:
City of Lodi
3. Contact Person, Phone No.:
Wally Sandelin, Public Works Director
Phone Number: (209) 333-6709
4. Project Scope of Work:
Construct the Harney Lane/Union Pacific Railroad Grade Separation and widen Harney Lane from
two lanes to four lanes between Hutchins Street on west and Stockton Street on the east.
Construct a new overpass for Harney Lane over the UPRR tracks.
Widen Harney Lane from the existing two to four lanes within the project limits. The widened
portion of Harney Lane will tie into an existing four lane segment immediately east of the project
limits and will transition back to two lanes just west of the intersection with Hutchins Street.
Existing traffic signals at the intersections of Harney Lane/Hutchins Street and Harney
Lane/Stockton Street will be modified.
Construct a new paved access road along the east boundary of a vacant 5.5 acre industrial parcel
on the north side of Harney Lane between the UPRR track and the Valley Iron Works property.
Construct a new access driveway off of Harney Lane for the existing cherry orchard operations on
the Costa property opposite Banyan Drive.
Funds requested for this cooperative agreement are for right-of-way acquisition.
S. Expected Timing for Delivery of Project:
S. Estimated Project Cost:
Right of Way Acquisition $1,041,900
TOTAL: $1,041,900
Cost eligible for Measure K in this contract $829,782
7. Expected Timing for Release of Measure K Funds by Quarter:
Completion Date
June 2012
December 2013
June 2014
January 2014
September 2014
December 2017
Y 2013/14 FY 2014/15
April -June $829,782
July -September
October -December
Janua-March
TOTAL $829,782
8. Source(s) and Amount of Funds for Project:
Source Amount Percentage
Measure K $829,782 79.64%
Local Funds $212,118 20.36%
TOTAL
9. Project Vicinity Map (see attached):
$1,041,900 100.00%
Start Date
Preliminary Design/Engineering
June 2010
Environmental
July 2011
Surveying/Mapping
June 2011
Right of Way Study
June 2012
Right of Way Acquisition
March 2014
Construction
July 2015
S. Estimated Project Cost:
Right of Way Acquisition $1,041,900
TOTAL: $1,041,900
Cost eligible for Measure K in this contract $829,782
7. Expected Timing for Release of Measure K Funds by Quarter:
Completion Date
June 2012
December 2013
June 2014
January 2014
September 2014
December 2017
Y 2013/14 FY 2014/15
April -June $829,782
July -September
October -December
Janua-March
TOTAL $829,782
8. Source(s) and Amount of Funds for Project:
Source Amount Percentage
Measure K $829,782 79.64%
Local Funds $212,118 20.36%
TOTAL
9. Project Vicinity Map (see attached):
$1,041,900 100.00%
HARNEY LANE / UPRR
GRADE SEPARATION
N
VICINITY MAP w01E
s
0 4,000 8,000
Feet
1. AA#
2. JV#
provide a description of the project, the total cost of the project, as well as justification for the
ed adjustment. If you need more space, use an additional sheet and attach to this form.
of Righ-of-Way for Harney Lane Grade Separation project.
Council has authorized the appropriation adjustment, complete the following:
Date: 10/5/2011 Res No: Attach copy of resolution to this form.
rtment Head Signature: CL' - _U Q dRw mak, c
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
FUND7BUS.UNIT#
ACCOUNT#
ACCOUNT TITLE
AMOUNT
A.
SOURCE OF
FINANCING
3253205 Fund Balance
242118.00
325 5037 Measure K Grant
S 829 782.00
B.
USE OF
FINANCING
325
325082 7720
Harney Lane Grade Separation
1,071,900.00
provide a description of the project, the total cost of the project, as well as justification for the
ed adjustment. If you need more space, use an additional sheet and attach to this form.
of Righ-of-Way for Harney Lane Grade Separation project.
Council has authorized the appropriation adjustment, complete the following:
Date: 10/5/2011 Res No: Attach copy of resolution to this form.
rtment Head Signature: CL' - _U Q dRw mak, c
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2014-37
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE MEASURE K RENEWAL COOPERATIVE
AGREEMENT FOR ACQUISITION OF RIGHT-OF-WAY
FOR THE HARNEY LANE GRADE SEPARATION
PROJECT AND FURTHER APPROPRIATING FUNDS
WHEREAS, the Harney Lane/Union Pacific Railroad (UPRR) Grade Separation
is an overpass bridge structure being developed as part of the City's future plan to widen
Harney Lane from two lanes to four lanes between the western limits at
Lower Sacramento Road to the State Route 99 interchange; and
WHEREAS, in order to relocate the existing utilities and construct the
improvements, acquisition of right-of-way, utility easements, and temporary construction
easements is required at this time; and
WHEREAS, the Measure K Renewal program will provide $829,782 toward the
total estimated right-of-way, utility easements, and temporary construction easements
cost of $1,071,900. Additional funding will be provided in the amount of $242,118 from
City of Lodi Measure K Renewal local street repair funds.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute the Measure K Renewal Cooperative Agreement
for acquisition of right-of-way for the Harney Lane Grade Separation Project; and
BE IT FURTHER RESOLVED that funds in the amount of $1,071,900 be
appropriated from the Measure K Renewal Grant and Measure K Local Street Repair
accounts.
Dated: March 19, 2014
I hereby certify that Resolution No. 201437 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 19, 2014, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, Nakanishi, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
ANDI HL-OLSON
City Clerk
2014-37