HomeMy WebLinkAboutAgenda Report - February 7, 2018 C-11TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C -ii
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Supplemental Agreement with
Union Pacific Railroad for Harney Lane Grade Separation Project ($142,200)
MEETING DATE: February 7, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION:
Adopt resolution authorizing City Manager to execute Supplemental
Agreement with Union Pacific Railroad for Harney Lane Grade
Separation Project, in the amount of $142,200.
BACKGROUND INFORMATION: At the March 4, 2015 meeting, Council adopted a resolution
authorizing the City Manager to execute Public Highway Overpass
Crossing Agreement with Union Pacific Railroad Company (UPRR).
This agreement included the obligation to pay for work performed by UPRR during construction in an
estimated amount, not to exceed $243,100. The work performed by UPRR under this agreement includes
railroad flagging, engineering, at -grade crossing removal, and field inspections.
The majority of the original $243,100 cost was based on an estimate of 120 days of flagging. To date, the
days of flagging has actually totaled 253 days through November 2017. The Supplemental Agreement, if
approved, will add the additional funding needed to cover the UPRR flagging and other related services
through the end of the project.
Staff recommends Council authorize City Manager to execute Supplemental Agreement with Union Pacific
Railroad for Harney Lane Grade Separation Project. The Supplemental Agreement will add an additional
$142,200 to the existing not to exceed amount of $243,100, for a total not to exceed amount of $385,300.
FISCAL IMPACT:
Funding for this Supplemental Agreement is from Regional Transportation
Impact Fees. This Supplemental Agreement does not impact the General
Fund.
FUNDING AVAILABLE: Funding is included in the Fiscal Year 2017/18 Regional Transportation
Impact Fee Capital budget (31499000.77020).
Andrew Keys
Deputy City Manager/Internal Services Director
Prepared by Rebecca Areida-Yadav, Management Analyst
CES/RAY/tdb
Attachment
APPROVED:
Ct„K-12-f)
Charles E. Swimley, Jr.
Public Works Director
Stephen Schwa , City Manager
K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\Project\CC UPRR Supplemental.doc 1/25/2018
UNION PACIFIC RAILROAD COMPANY
SUPPLEMENTAL AGREEMENT
Form Approved: AVP -Law 01/21/2013
BUILDING AMERICA"
UPRR Folder No.: 2822-81
UPRR Audit No.: 275956
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT (the "Supplement") is made as of the
day of , 20, by and between UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation ("Railroad") and the CITY OF LODI, a municipal corporation or political
subdivision of the State of California with a mailing address at PO Box 3006, Lodi, California 95241
("Public Body").
RECITALS:
By instrument dated March 16, 2015, the Railroad and Public Body Body entered into an
Agreement identified under the Railroad's Folder No. 2822-81, UPRR Audit No. 275956 (the
"Original Agreement") covering the construction, maintenance and operation of the Harney Lane at -
grade public road crossing (DOT No. 752902F) located at Mile Post 73.98 on its Fresno Subdivision
in or near Lodi, San Joaquin County, California (the "Roadway").
The Public Body has requested a Supplemental Agreement to the Original Agreement to
update the Railroad's Material and Force Account Estimate in Article 8.A and Exhibit C.
AGREEMENT:
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
SECTION 1 - AMENDMENT OF THE ORIGINAL AGREEMENT
The Original Agreement Article 8.A and Exhibit C are hereby amended to reflect the
updated estimate of Three Hundred Eighty Five Thousand Two Hundred ($385,200) as described in
the new Exhibit C, attached hereto and made a part hereof
SECTION 2 - AGREEMENT SUPPLEMENTAL
This agreement is supplemental to the Original Agreement, as herein amended, and nothing
herein contained shall be construed as amending or modifying the same except as herein specifically
provided.
IN WITNESS WHEREOF, the parties hereto have caused this Supplement to be executed
in duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID No. 94-6001323)
Page 1 of 2
UNION PACIFIC RAILROAD COMPANY
SUPPLEMENTAL AGREEMENT
Form Approved: AVP -Law 01/2112013
BUILDING AMERICA°
13y
DANIEL A. LEIS
General Director -Real Estate
CITY OF LODI
By
Printed Name:
Title:
Stephen Schwabauer
City Manager
APPROVED AS TO FORM:
Janice D. Magdich
City Attorney
ATTEST:
Jennifer Ferraiolo
City Clerk
Page 2 of 2
EXHIBIT C
UNION PACIFIC RAILROAD COMPANY
SUMMARY ESTIMATE SHEET
The estimated costs for Railroad Flagging, Engineering, At -Grade
Crossing Removal and Field Inspections are $1300.00 per 12hr day for
the Harney Road Overhead project.
Flagging (120 days at
$1,300. Per 12 hour day):
Engineering
Inspection/Review:
Crossing Removal:
$256,000.
$25,000.
$40,000.
Contingency (20%): $64,200.
Total Cost Estimate: $385,200.
Note: This is a estimate only. Railroad shall bill on a actual cost basis. If the total cost estimate is
anticipated to exceeded, a supplement to the agreement must be executed by parties prior to the beginning
of any work beyond this amount.
RESOLUTION NO. 2018-13
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SUPPLEMENTAL AGREEMENT WITH
UNION PACIFIC RAILROAD FOR THE HARNEY LANE
GRADE SEPARATION PROJECT
WHEREAS, at the March 4, 2015 meeting, City Council adopted a resolution
authorizing the City Manager to execute a Public Highway Overpass Crossing
Agreement with Union Pacific Railroad Company (UPRR); and
WHEREAS, this agreement included the obligation to pay for work performed by
UPRR during construction of the Harney Lane Grade Separation Project, in an estimated
amount not to exceed $243,100, including railroad flagging, engineering, at -grade
crossing removal, and field inspections; and
WHEREAS, the majority of the original $243,100 cost was based on an estimate
of 120 days of flagging, which has actually totaled 253 days through November 2017;
and
WHEREAS, the Supplemental Agreement will add the additional funding needed
to cover the UPRR flagging and other related services through the end of the project;
and
WHEREAS, staff recommends authorizing the City Manager to execute the
Supplemental Agreement with Union Pacific Railroad for the Harney Lane Grade
Separation Project, in the amount of $142,200.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute the Supplemental Agreement with Union Pacific
Railroad for the Harney Lane Grade Separation Project, in the amount of $142,200.
Dated: February 7, 2018
I hereby certify that Resolution No. 2018-13 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 7, 2018, by the following
vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
NIFER. FERRAIOLO
Cty Clerk
2018-13