HomeMy WebLinkAboutAgenda Report - October 21, 2015 C-09C"1
13
'• CITY OF LODI AGENDA ITEM
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute California Department of
Transportation Harney Lane Overhead Agreement No. 75GS6126
MEETING DATE: October 21, 2015
PREPARED BY: Public Works Director
RECOMMENDED ACTION. Adopt resolution authorizing City Manager to execute California
Department of Transportation Harney Lane Overhead Agreement
No. 75GS6126.
BACKGROUND INFORMATION: The Harney Lane/Union Pacific Railroad Grade Separation is an
overpass bridge structure being constructed as part of the City's
plan to widen Harney Lane from two lanes to four lanes
between Hutchins Street on the west and Stockton Street on the east.
Funding for the project is provided from a variety of sources including the California Public Utilities
Commission (CPUC). To secure the CPUC funding, a grant application was authorized by Council on
March 18, 2014 and submitted for consideration.
On August 24, 2015, Staff received formal notification that Section 190 Grade Separation Program
funding in the amount of $2 million was being awarded to the City of Lodi for the construction of the
Harney Lane Grade Separation Project from California Public Utilities Commission (CPUC) and the
California Department of Transportation (Caltrans).
The $2 million in funding is combined with the other federal, state, and local funding for the project. The
Harney Lane Grade Separation project was one of only a handful of projects in the state to receive an
allocation of Section 190 funding, as the intent of the Grade Separation Program is to improve safety and
expedite the movement of vehicles by eliminating highway -rail crossing at grade with a grade separation.
Staff recommends Council adopt the attached resolution authorizing the City Manager to execute
California Department of Transportation Harney Lane Overhead Agreement No. 75GS6126.
FISCAL IMPACT. The Section 190 Grade Separation Program Funding will contribute
approximately 13 percent of the estimated cost to construct the facility.
FUNDING AVAILABLE: Not applicable.
JLWIZ
J�me F. Wally Sandelin
Public Works Director
Prepared by Charlie Swimley, City Engineer / Deputy Public Works Director
FWS/CES/tb
APPROVED:
Stephen Schwablauer, City Manager
\\CVCFILV02\PubWks$\WP\PROJECTS\STREETS\HarneyGradeSeparation\CC Cal Public Utilities Commission Section 190 Agreement.doc 10/7/2015
190 - GRADE SEPARATION FUND
Harney Lane
Grade Separation Project
Priority No.19, 2014-2015
GS -6126
Agreement No. 75GS6126
I hereby certify upon my own personal knowledge that budgeted funds are available for this
encumbrance.
2014-15 $2,000,000
Accounting Officer
Chapter Statutes Item Fiscal Year Program Code Category Fund Source
25 2014 2660.102.0042 2014-15 20.30.010.400 21800 SHA
AGREEMENT
THIS AGREEMENT, made and entered into this 24th day of August 2015, by and
between the STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to
as "State", and the City of Lodi, a political subdivision of the State of California,
hereinafter referred to as ''City".
WITNESSETH
WHEREAS, pursuant to the provisions of Section 2452 et seq of the Streets and
Highways Code, the Public Utilities Commission of the State of California, by Decision
Establishing the California Grade Separation Fund Priority List For Fiscal Year 2014-
15 as part of Investigation 13-06-014, established a Priority List of Grade Separation
Projects for the Fiscal Year of 2014-15; and
WHEREAS, said Priority List includes a project proposed by City to construct an
overpass at Harney Lane to carry the roadway over the tracks of the Union Pacific
Railroad (UPPR), hereinafter referred to as "Project", as shown on Exhibit " A "
attached hereto and application was made for an allocation of $2 million; and
WHEREAS, by decision No.XREQ201503004, dated March 25, 2015, the Public
Utilities Commission authorized City to construct a crossing at separated grade
identified as PUC Crossing No. 001BEL-73.84, DOT No. 752902F, whereby Harney Lane,
will pass over the tracks of the UPPR, hereinafter referred to as —Railroad"; and
GRADE SEPARATION FUND
Agreement No. 75GS6126
Page 2 of 6
WHEREAS, on March 16, 2015, City and Railroad entered into an agreement for the
construction and maintenance of said Project, and wherein Railroad has agreed to
contribute a portion of the cost of Project as required by law; and
WHEREAS, City has herein certified to State that sufficient City funds are
available to finance its share of Project cost, and that all other matters
prerequisite to awarding a construction contract within a period of two years after
the allocation have been or will be awarded within that time; and
WHEREAS, the California Transportation Commission, by Resolution No. M-136, has
authorized the Department of Transportation to allocate funds from the Grade
Separation Fund to local agencies in accordance with the applicable annual priority
list as established by the Public Utilities Commission; and
WHEREAS, an agreement is to be entered into between City and State to provide
reimbursement to City in a sum not to exceed $2,000,000, provided, however, City
establishes to the satisfaction of State that all sums expended by City for Project
are reasonable and a necessary part of Project;
NOW THEREFORE, in consideration of the premises and mutual undertakings of the
parties hereto, as hereinafter set forth, State and City agree as follows:
1. City hereby certifies it has sufficient City funds available to finance its share
of Project cost.
2. City, in cooperation with Railroad, will undertake Project, which consists of
acquisition and clearing of necessary rights of way, preliminary and construction
engineering, work by Railroad forces, and construction of Project.
3. The costs attributable to Project are limited to the following:
(a) Right of Way: The cost of right of way shall include condemnation attorney
fees, escrow fee, other necessary acquisition costs, the actual payment to
property owners for right of way obtained, the right of way agent's time plus
travel expenses and normal payroll additives, the cost of clearing the right
of way including utility relocation to the extent required by law and all
relocation assistance benefit payments for the participating parcel as
required by law, less the value of excess land obtained in such transactions.
GRADE SEPARATION FUND
Agreement No. 75GS6126
Page 3 of 6
(b) Engineering: The cost of engineering shall include the actual time of
engineers and designers plus travel expense and normal payroll additives.
(c) Construction: The cost of construction shall include the amounts actually
paid to the contractor(s) and the amounts directly expended for field
supervision and inspection, including travel expense, normal payroll
additives, laboratory tests, and work by Railroad forces.
(d) Direct incidental costs: Direct incidental costs shall be limited to the cost
of advertising for bids.
All additives, overhead, or administrative costs other than those mentioned above are
excluded from the determination of the cost of Project.
4. As promptly as possible, and in any event not more than two years after the
allocation by the Director of Transportation, City shall award a contract for
construction of Project pursuant to the laws governing City in the advertising and
award of public construction contracts, and in conformance with plans and
specifications prepared by or on behalf of City in accordance with the California
Department of Transportation "Bridge Design Specifications for Overhead
Structures". Each plan sheet shall be signed and stamped by the responsible
design engineer who shall be registered in the State California. Construction
shall be under the control of City.
5. Within 60 days after award of contract by City for construction of Project and
upon being furnished with a copy of the executed contract and the plans and
specifications, and an itemized statement from City showing expenditures actually
and necessarily made by City prior to award of contract for engineering, right of
way and utility relocation directly connected with Project, State will reimburse
City for up to $2,000,000, or a portion of said expenditures by the ratio of
State's estimated share of the total Project cost to such Project cost, whichever
is less.
6. Thereafter, as the work progresses, once funds have been made available by the
Legislature, and the California Transportation Commission, then been added to this
Agreement by amendment, upon being furnished with copies of the contractor's
progress estimates as certified by a Civil Engineer registered in the State of
GRADE SEPARATION FUND
Agreement No. 75GS6126
Page 4 of 6
California on behalf of City that the costs are true and correct, or other proof
satisfactory to State as to amounts actually paid the contractor and necessarily
expended directly for field supervision and inspection as certified by a Civil
Engineer registered in the State of California on behalf of City, State will
reimburse City up to the total amount allocated for Project by the State for a
portion of the amount of said payments to the contractor, and the amounts expended
by City directly for field supervision and inspection, equal to the product
obtained by multiplying said expenditures by the ratio of State's estimated share
of the total Project cost to such total Project cost or $2,000,000 whichever is
less.
7. Within 60 days after completion of the work and acceptance thereof by City, a
detailed statement of the direct cost of Project will be prepared by City and
furnished to State, whereupon a final accounting will be made based on the direct
cost of the work to City, using the definition of cost herein provided in Section
3. State's share of said cost will be equal to 80 percent of the direct cost of
State's participating portion of Project, up to a total not to exceed $2,000,000.
If upon final accounting it is determined that State paid more than its share of
Project cost, computed in said manner, City will refund to State the difference
between State's share of the participating portion of Project cost, and the amount
paid by State.
8. All books, papers, records, and accounts of the parties hereto, and the
contractors and subcontractors, insofar as they relate to the items of expenses
for labor and material or are in any way connected with the work herein
contemplated, shall at all reasonable times be open to inspection and audit by the
agents and the authorized representatives of the parties hereto, and the records
relating thereto shall be retained by the parties and the contractors for a
minimum of three years from the date that the final payment is made.
9. The portion of the total project which is the participating project for
determination of State's share of the cost of Project is shown on Exhibit ''B"
attached hereto and made part hereof.
GRADE SEPARATION FUND
Agreement No. 75GS6126
Page 5 of 6
10. Any obligation by State for payment of moneys contained herein is subject to and
contingent upon the City establishing to the satisfaction of State that all sums
expended by City for Project, for which City requests partial reimbursement from
State, are reasonable and are a necessary part of Project.
11. Disbursements of State funds to City, which are encumbered to pay for State's
share of the participating portion of Project, must be made prior. to August 23,
2017, otherwise the undisbursed balance shall revert to and become part of the
fund from which the appropriation was made. If the City does not bill in a timely
fashion, funds from a particular budget year may no longer be available in which
case the State will not replace reverted funds from other sources of any kind.
12. Any progress payments made by State pursuant to Sections 6 and 7 herein are not an
admission by State that such expenditures were reasonable and a necessary part of
the project, and if State finds in final accounting that such expenditures were
not reasonable and a necessary part of the project, City will reimburse State for
such advance funds.
13. An original invoice, including supporting documentation and two (2) copies of each
invoice summary shall be submitted to State, not more frequently than once per
month, in accordance with the Local Assistance Procedures Manual found at
http://dot.ca.gov/hq/LocalPrograms/lam/lapm.htm.
14. All invoices and all written correspondence from City to State shall
reference this Agreement Number (Agreement Nc.75GS6126) and the name of the street
crossing at separated grade (Harney Lane).
15. All City invoices for payments are to be submitted to the following address:
California Department of Transportation
Division of Rail - MS 74
Railroad Crossing Safety Branch
P.O. Box 942874 -MS 74
Sacramento, CA 94274-001
Attn: Grade Separation Fund
GRADE SEPARATION FUND
Agreement No. 75GS6126
Page 6 of 6
16. No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the parties and approved as required. Any changes to the
terms of this Agreement must be set forth in a formal Agreement amendment.
This Agreement will expire on August 23, 2017.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate the
day and year first above written.
-APRMENDED
CLAUS CLAUSOX-SANDERS, Chief
Railroad Crossing Safety Branch
Division of Rail and Mass Transportation
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
BY
BRUCE ROBERTS -Division Chief
Caltrans
Division of Rail and Mass Transportation
CITY OF LODI
By
Attest
APPROVED AS TO FORM
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RESOLUTION NO. 2015-181
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION
HARNEY LANE OVERHEAD AGREEMENT NO. 75GS6126
WHEREAS, the Harney Lane/Union Pacific Railroad 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 Hutchins Street on the west and
Stockton Street on the east; and
WHEREAS, funding for the project is provided from a variety of sources including
the California Public Utilities Commission; and
WHEREAS, the Harney Lane Grade Separation project was one of only a
handful of projects in the state to receive an allocation of Section 190 funding, as the
intent of the Grade Separation Program is to improve safety and expedite the movement
of vehicles by eliminating highway -rail crossing at grade with a grade separation; and
WHEREAS, staff recommends that the City Council authorize the City Manager
to execute the California Department of Transportation Harney Lane Overhead
Agreement No. 75GS6126 on behalf of the City of Lodi.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute the California Department of Transportation
Harney Lane Overhead Agreement No. 75GS6126 on behalf of the City of Lodi.
Dated: October 21, 2015
I hereby certify that Resolution No. 2015-181 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held October 21, 2015, by the
following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi,
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
JNIFER . FERRAIOLO
City Clerk
2015-181