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HomeMy WebLinkAboutAgenda Report - October 20, 2021 C-14AGENDA ITEM (244, CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Authorize Public Works Director to Execute Utility Agreement 10-3999.32 with California Department of Transportation and Authorize Related Payments MEETING DATE: October 20, 2021 PREPARED BY: Public Works Director RECOMMENDED ACTION: Authorize Public Works Director to execute Utility Agreement 10- 3999.32 with California Department of Transportation and authorize related payments. BACKGROUND INFORMATION: The California Department of Transportation (Caltrans) is currently planning a project along Kettleman Lane (Highway 12) intended to update various sidewalks, driveways, and curb ramps to meet current accessibility standards. The project is located between Stockton Street and Highway 99. The City of Lodi has three utility structures that are impacted by the project. These structures include a water meter box, water valve box, and a wastewater cleanout. The City is required to pay for the cost to adjust these utilities to the new finished grade since the utilities were installed after the State right-of-way was acquired. The estimated cost of the improvements is $5,400. In order to facilitate the work and the related payment, the City is required to enter into a utility agreement with Caltrans. The agreement states the scope, terms, and estimated cost of the work. The agreement is attached as Exhibit A. This action will authorize the Public Works Director to execute the agreement and authorize the related payment. FISCAL IMPACT: This agreement will not have any long-term fiscal impacts. FUNDING AVAILABLE: All costs will be paid out of Fiscal Year 2021-22 Budgets for Water Capital (56199000.77020) and Wastewater Capital (53199000.77020) U__ p �=� Charles E. Swimley, Public Works Director Prepared by Sean Nathan, Senior Civil Engineer CES/SN/cd Attachment cc: Rebecca Areida-Yadav, PW Management Analyst APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\DESIGN\Projects\Misc Non -Project Work\Caltrans-Kettleman-Stockton-to-Cherokee\CUtiltyAgreement doc 10/5/2021 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT RW 13-05 (REV 06/2021) DISTRICT COUNTY ROUTE 10 San Joaquin County12 FEDERAL PARTICIPATION N/A POST MILE PROJECT ID EA 17.43/18.05 1017000016 10 - G 510 OWNER'S FILE NUMBER CT Plan EA 10-1G510 FEDERAL PARTICIPATION On the Project ❑ Yes ® No On the Utilities ❑ Yes ® No Owner Payee Data No. VC 1000020222 or Form STD 204 is attached ❑ UTILITY AGREEMENT NO. 10-3999.32 DATE: Page lof 6 The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes the upgrade of curb ramps, sidewalk, driveways, accessible pedestrian signal (APS) standards in the City of Lodi, San Joaquin County on State Route 12. CITY OF LODI, located at 221 West Pine Street, Lodi, California 95240, hereinafter called "OWNER," owns and maintains water line and sewer line and appurtenances within the limits of STATE's project which requires utility adjustments to grade for water valves and water meters and sewer clean out to accommodate STATE's project. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No. 3999.32 dated 9/23/2021, STATE shall relocate OWNER's water valves frame and cover, water meter box, and sewer cleanout adjustments and appurtenances as shown on STATE's contract plans for the improvement of State Route 12, EA 10-1 G510 which by this reference are made a part hereof. OWNER hereby acknowledges review of STATE's plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either the STATE or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the STATE and agreed to/acknowledged by the OWNER, will constitute an approved revision of the plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work during construction. Upon completion of the work by STATE, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to STATE ownership of the replaced facilities, except in the case of liability determined pursuant to Water Code 7034 or 7035." UTILITY AGREEMENT (cont.) II. LIABILITY FOR WORK Page 2 of 6 1 UTILITY AGREEMENT NO. 10-3999.32 The existing facilities are located within the STATE's right of way under permit and will be adjusted to grade at OWNER's expense under the provisions of Section 673 of the Streets and Highways Code. Total Estimate for STATE performed adjustments to grade: ....................... $5,400.00 Total Estimated OWNER Liability, (100%): .................................... $5,400.00 Total Estimated STATE Liability, (0%): ........................................... I ...... $0.00 III. PERFORMANCE OF WORK Use of personnel requiring lodging and meal 'per diem' expenses shall not exceed the per diem expense amounts allowed under the California Department of Human Resources travel expense guidelines. Accounting Form FA -1301 is to be completed and submitted for all non -State personnel travel per diem. Owner shall also include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. OWNER shall have access to all phases of the adjustment to grade work to be performed by STATE, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the Highway Construction Contract; however, all questions regarding the work being performed will be directed to STATE's Resident Engineer for their evaluation and final disposition. Prior to the commencement of work, OWNER agrees to identify damaged utility covers which require replacement and furnish said replacement covers to STATE's highway contractor at no cost to STATE. OWNER will coordinate replacement of damaged covers with STATE's Resident Engineer before work commences. IV. PAYMENT FOR WORK The OWNER shall pay its share of the actual cost of said work included in the STATE's highway construction contract within 45 days after receipt of STATE's bill, compiled on the basis of the actual bid price of said contract. The estimated cost to OWNER for the work being performed by the STATE's highway contractor is $5,400.00. In the event actual final grade adjustment costs as established herein are less than the sum of money advanced by OWNER to STATE, STATE hereby agrees to refund to OWNER the difference between said actual cost and the sum of money so advanced. UTILITY AGREEMENT (cont.) Page 3 of 6 UTILITY AGREEMENT NO. 10-3999.32 In the event that the actual cost of grade adjustments exceeds the amount of money advanced to STATE, in accordance with the provisions of this Agreement, OWNER hereby agrees to reimburse STATE said deficient costs upon receipt of an itemized bill as set forth herein. As applicable: Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit detailed itemized progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement." The OWNER shall submit a final bill to the STATE within 360 days after the completion of the work described in Section I above. If the STATE has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I of this Agreement, and STATE has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), STATE will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the STATE processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission." "The final billing shall be in the form of a detailed itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the STATE shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by STATE. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER'S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of STATE. UTILITY AGREEMENT (cont.) Page 4 of 6 UTILITY AGREEMENT NO. 10-3999.32 Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of STATE's request dated March 2, 2021 to review, study and/or prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work, STATE will notify OWNER in writing and STATE reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of STATE and/or LPA under the terms of this Agreement are subject to the acceptance of the Agreement by LPA Board of Directors or the Delegated Authority (as applicable), the passage of the annual Budget Act by the State Legislature, and the allocation of those funds by the California Transportation Commission." It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.41 0, Buy America, are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP -21), section 1518: 23CFR635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including UTILITY AGREEMENT (cont.) Page 5 of 6 UTILITY AGREEMENT NO. 10-3999.32 23 CFR 635.410 and FHWA guidance. OWNER hereby certifies that in the performance of this Agreement, for products where Buy America requirements apply, it shall furnish STATE's highway contractor only such products for which it has received a certification from its supplier, or provider of construction services that procures the product certifying Buy America compliance. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department's guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013. IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. STATE: DEPARTMENT OF TRANSPORTATION OWNER: City of Lodi By _ By Name JAMES D. GONZALEZ Date Name Date Title Assistant Central Region Chief Title Q;3c—� Right of Way APPROVAL RECOMMENDED: By By Name STEPHEN WOODFILL Date Name NANCY QUESADA Date Title District Utility Coordinator Title Utility Coordinator Right of Way Right of Way Approved as to Forin: JANICE D. MAGDICH City Attorney k, THIS AGREEMENT SHALL NOT BE EXECUTED BY THE STATE OF CALIFORNIA - DEPARTMENT LOF TRANSPORTATION UNTIL FUNDS ARE CERTIFIED. UTILITY AGREEMENT (cont.) DO NOT WRITE BELOW - FOR ACCOUNTING PURPOSES ONLY Page 6 of 6 UTILITY AGREEMENT NO. 10-3999.32 1 PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES: T DOCUMENT SUF CHG PROJECT SPECIAL ODE NUMBER FEST DIST UNIT DIST ID PHASE: DESIGNATION FFY I OBJ FA CODE DOLLAR AMOUNT UA3999.32 10 1535 1017000016 R/W Planning and Management $5,400.00 PROJECT ID FUNDING VERIFIED: I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. Si n:> ITEM Print> Sara Blum Date R/W Planning and Management REVIEW/REQUEST FUNDING: I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. Si n> ITEM Print> NANCY QUESADA Date Utility Coordinator THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $5,400.00 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. Planning and Manage ment Date ITEM CHAP STAT FY AMOUNT FUND TYPE PROJECT ID AMOUNT Design Funds $ Construction Funds 1017000016 $5,400.00 RW Funds Vendor/Customer: VC1000020222 Address ID: AD STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT RW 13-5 (REV 1/2019) Distribution: 2 originals to R/W Accounting 1 original to Utility Owner 1 District Page 7 of 7