HomeMy WebLinkAboutCalifornia High Speed Rail Authority - Utility Relocation Cooperative AgreementCALIFORNIA
High-Speed Roil Authority
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CITY CLERK' FRESHO CABOARD MEMBERS
Dan Richard
C HAIR
Thomas Richards
VICE CHAIR
Jim Hartnett
VICE CHAIR
Richard Frank
Patrick
W. Henning, Sr.
Katherine
Perez-Estolano
Michael Rossi
Lynn Schenk
Thea Selby
Jeff Morales
CHIEF EXECUTIVE OFFICER
EDfulUND G BROWN JR
GOV ER NOR
-/
November 7,2014
City of Fresno
Scott Mozier, Director
Department of Public Works
2600 Fresno Street, 4'h Floor
Fresno, CA 93721
RE: Contract No. HSR14-35
Dear Mr. Mozier,
Enclosed is the fully executed City of Fresno Cooperative Agreement (HSR14-35), which is
required to allow the Authority and the City of Fresno to set the contractual terms and conditions
for the relocation of the City of Fresno's utilities for CP 1 and CP 2-3. The executed Cooperative
Agreement is enclosed for your files.
The Authority looks forward to working with the City of Fresno. If you have any questions or
concerns regarding this Cooperative Agreement, please don't hesitate to contact the Contract
Manager, Mr. Terry Ogle at (559) 708-0744 or ïerry.ogle@hsr.ca.gov.
Contracts Analyst
(916) 403-692s
Andrea.Mack@hsr. ca. gov
Enclosures: City of Fresno Cooperative Agreement (executed)
cc: Mr. Terry Ogle
770 L Þ-treet, Suite 620, MS 7 Sacramento, CA 95814 . T: (916) 324-1541 . F: (916) 322-0927. www.hsr.ca.gov
CALI FORNIA
High-Speed Roil Authority
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Ut¡lity Relocation
Cooperative Agreement
w¡th the
Gity of Fresno
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
the City of Fresno for the high-speed rail project, by and between the California High-
Speed Rail Authority, an agency of the State of California, whose principal placJof
business and mailing address is 770 L Street, Suite 620, MS 7, Sacramento, California
95814, hereinafter referred to as the "AUTHORITY., and the City of Fresno, a California
Municipal Corporation, whose principal mailing address for purposes of this
AGREEMENT is 2600 Fresno Street, 4th Floor, Fresno, CA 93721, hereinafter referred
to as the "C|TY".
1. RECITALS
WHEREAS, AUTHORITY is currently engaging in a program that has various projects
under current provisions of Section 2704.04 of the Streets and Highway Code 1"S&HCode") and Sections 185030 and 185511 of the Public Utilities Code throughout the
State of California identified as the California High-Speed Rail Projects (colleclively the
"PROJECT"); and
WHEREAS, the PROJECT will require the protection, relocation, installation, or removal
of certain UTILITIES, as defined herein, located within the RIGHT-OF-WAY OF ClTy, or
some combination thereof, including any submittal review, inspection, environmental
mitigation, certification or other oversight activity specific to CITY'S UTILITIES
(collectively "UTlLlTY WORK"); and
WHEREAS, the AUTHORITY is responsible for the RELOCATION of UTILITIES that are
in conflict with the design or construction of the PROJECT, including the execution and
funding of RELOCATION; and
WHEREAS, the AUTHORITY'S CONTRACTOR for the first construction package of the
PROJECT is responsible for complying with the AUTHORITY'S commitments to mitigate
impacts to the City in the Final Environmental lmpact ReporUEnvironmental lmþact
Statement for the Merced to Fresno section of the PROJECT.; and
WHEREAS, the AUTHORITY'S CONTRACTOR for the second construction package of
the PROJECT is responsible for complying with the AUTHORITY'S commitmenis to
mitigate impacts to the City in the Final Environmental lmpact ReporUEnvironmental
lmpact Statement for the Fresno to Bakersfield section of the PROJECT; and
WHEREAS, AUTHORITY and CITY desire to enter into an agreement which establishes
the contractual terms and conditions applicable to that portion of the UTlLlTy WORK
related to the RELOCATION of UTILITIES.
ACCORDINGLY, AUTHORITY and CITY hereby agree as follows:
2. DEFINITIONS
As used in this AGREEMENT, the following terms have the following meanings:
2.1 AUTHORITY
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City of Fresno
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
"AUTHORITY" means the California High-Speed Rail Authority and its authorized
representatives.
2.2 AUTHORIW'S CONTRACTOR
"AUTHORITY'S CONTRACTOR' means the proposer who is awarded the design
and construction of any portion of the PROJECT.
2.3 BETTERMENT
'BETTERMENT" means any upgrading of the UTILITY being relocated that is not
attributable to the PROJECT construction and is made solely for the benefit of
and at the election of the CITY.
BETTERMENT does not mean those differences in cost caused by changes in
design or manufacturing standards, availability of materials, regulatory
requirements or any upgrading required by CITY's standard specifications,
standards of practice, or construction methods applied to comparable facilities
constructed by or for the CITY at its own expense, which are in effect as of the
date of the specific permit application for that UTILITY work. Additionally, neither
mitigation measures called for in the adopted environmental impact reports nor
the City's Utility Design Criteria are considered BETTERMENT
2.4 C|TY
"CITY" means the City of Fresno, a municipal corporation.
2.5 CITY PERMITS
"CITY PERMITS" means any permits required by the CITY for CITY'S UTILITY
WORK within RIGHT OF WAY OF THE CITY.
2.6 DIRECTOR
'DIRECTOR" means CITY's Director of the Department of Public Works or his or
her designee.
2.7 DRY UTILITIES
"DRY UTILITIES" shall mean all UTILITIES other than water and sewer, including
fiber optic UTILITIES.
2.8 FACILITY
"FACILITY" or "FAClLlTlES" means any publicly owned and operated road,
street, bridge, or grade separation. The term "FACILITY" or 'FAclLlTlES"
includes traffic signals, street lights, and railroad crossing equipment associated
with roads, streets, bridges and/or grade separations, as well as any electrical
conduits and feeds providing service to such facilities. For this purpose, all
electrical lines that connect (directly or indirectly) to traffic signals, street lights,
crossing equipment, communication facilities owned or used by ClTy, clTy
irrigation controller equipment, or CITY transit shelters shall be deemed to
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City of Fresno
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
prov¡de service to such facilities. Electrical transmission facilities not serving said
FACILITIES are not covered under the terms of this section.
2.9 HAZARDOUS MATERIAL
"HAZARDOUS MATERIAL(S)" means any hazardous substance, hazardous
material, or hazardous waste as defined under local, state or federal law and/or
any substance, material, waste, or other material of any nature whatsoever which
may give rise to liability under state or federal law.
2.10 HSR RIGHT.OF-WAY
"HSR RIGHT-OF-WAY" means any restricted access right-of-way for the
PROJECT.
2.11 PARTIES
"PARTIES" refers to the AUTHORITY and CITY, collectively.
2.12 PROJECT
"PROJECT" refers to the projects under current provisions of Section 2704.04 of
the Streets and Highway Code ("S&H Code") and Sections 185030 to 185511 of
the Public Utilities Code throughout the State of California.
2.13 RAILROAD RIGHT-OF.WAY
"RA¡LROAD RIGHT-OF-WAY" means the right-of-way of any rail line registered
with the California Public Utilities Commission, except for HSR RIGHT-OF-WAY.
2.14 RELOCATION
"RELOCATION" means removal, relocation, reconstruction, deactivation,
protection or any other rearrangement of a CITY FACILITY or UTILITY with the
RIGHT OF WAY OF THE CITY as ordered and approved by both AUTHORITY
and CITY to accommodate AUTHORITY'S PROJECT. RELOCATION shall
include, but not be limited to: preparation of relocation plans, drawings, and
designs; engineering ; planning; inspection; acquisition of necessary rights-of-way
and replacement right of way; permitting; testing and certifying; compliance with
commitments and conditions set forth in the environmental documentation;
coordination with regulatory agencies and any miscellaneous related work by
AUTHORITY sufficiently engineered to allow construction of the ordered
RELOCATION by AUTHORITY'S CONTRACTOR.
"RELOCATION' includes design for reasonable access, subject to CITY
approval, for operation and maintenance of CITY FACILITY or UTILITY when
HSR Right-of-Way and Railroad Right-of-Way are abutting.
For the purpose of providing RELocATloN, HSR Right-of-way and Railroad
Right-of-Way shall be considered abutting if there is less than 50 feet between
the respective rights of way.
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City of Fresno
California High-Speed Rail Authority
UTILIW RELOCATION COOPERATIVE AGREEMENT
2.15 RESTORATION WORK
'RESTORATION WORK" is all work necessary to place CITY UTILITIES and
FACILITIES in permanent working conditions, at the very least at the same level
as when AUTHORITY commenced UTILITY WORK herein, where for reasons
outside of the control of AUTHORITY, the PROJECT ís cancelled or altered.
Unless othenryise agreed to in writing by the PARTIES, RESTORATION woRK
shall be performed in accordance with the General Plan of the CITY in place and
approved by the City Council at the time of the restoration work.
2.16 RIGHT.OF.WAY OF CITY
'RIGHT-OF-WAY oF clrY" means any real property right held by clry in the
form of either a recorded or fully executed deed or other property right for the
UTILITY.
2.17 STAKEHOLDERS
"STAKEHOLDERS" means the CITY, AUTHORITY, AUTHORITY'S
CONTRACTOR, and any other third party entities affected by the PROJECT,
including regulatory agencies, railroads, local agencies, and public and private
utility owners.
2.18 UTtL|TY
"urlLlrY' or "urlLlrlES" refers to any pole, pole line, pipeline, conduit, cable,
aqueduct, or other structure used for CITY owned utility services including CITY
owned water, sewer, and lntelligent Transportation System components.
2.19 UTILITY WORK
"UTILITY WORK" means those activities related to the RELOCATION of any
UTILITIES located within the RIGHT OF WAY OF CITY. UTILITY WORK also
includes any work related to the FACILITIES that are impacted by the UTILITY
WORK. UTILITY WORK explicitly excludes wet ties. Wet ties will be performed
by the CITY as part of the CITY permitting process and is not included within the
scope of this AGREEMENT.
2.20 UNFORESEEN WORK
"UNFORESEEN woRK" means any new, extra, or unanticipated work not
previously contemplated in AUTHORITY's design/build contract with
AUTHORITY'S CONTRACTOR, found essential to the satisfactory completion of
the PROJECT (including the RELOCATION of FACILITIES and UTILITIES).
2.21 DAYS AND WORKING DAYS
"DAY'S" means calendar days unless othen¡uise stated. "WORKING DAYS"
means each weekday that is not an Authority Designated Holiday or a weather
day as designated by the AUTHORITY'S resident engineer.
An "Authority Designated Holiday" means New Year's Day (January 1), Martin
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City of Fresno
3.
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
Luther King, Jr. Day (third Monday in January), President's Day (third Monday in
February), Memorial Day (last Monday in May), lndependence Day (July 4),
Labor Day (first Monday in September), Thanksgiving Day (fourth Thursday in
November), the day after Thanksgiving (fourth Friday in November), and
Christmas Day (December 25).
WORK TO BE DONE
3.1 UTILIW WORK
The UTILITY WORK to be performed under this AGREEMENT will involve the
RELOCATION of UTILITIES that are in conflict with the design or construction of
the PROJECT, including those identified in Appendix B and the Merced to Fresno
and Fresno to Bakersfield Final Environmental lmpact Reports for the PROJECT.
RELOCATION shall include compliance with the AUTHORITY'S commitments to
mitigate impacts to the City in the Final Environmental lmpact
Reports/Environmental lmpact Statements for the Merced to Fresno and Fresno
to Bakersfield sections of the PROJECT including, but is not necessarily limited
to: obtaining all necessary permits from the CITY; and ensuring that the
operations of AUTHORITY'S CONTRACTOR comply with the mitigation
measures and permit requirements. AUTHORITY'S responsibility for such
mitigation located within the CITY's sphere of influence shall survive termination
of this AGREEMENT and until such time as all written notices of completion from
regulatory agencies have been obtained by AUTHORITY and copies provided to
the CITY, upon request.
All designs and plans for UTILITY WORK are to be developed in cooperation with
the CITY. Any issues identified related to the design of the RELOCATION are to
be addressed and resolved among the CITY, AUTHORITY and AUTHORITY'S
CONTRACTOR designated technical staff.
3.2 BETTERMENT WORK
No work performed pursuant to this AGREEMENT shall be a BETTERMENT.
3.3 UNFORESEEN WORK
AUTHORITY shall be responsible for all unforeseen work.
L¡ABILITY FOR WORK
4,1 AUTHORITY'S EXPENSE
Unless the CITY agrees otherwise in writing, the UTILITY WORK and all other
work contemplated herein or as a result of AUTHOR¡TY'S compliance with this
AGREEMENT shall be performed at the AUTHORITY'S expense.
4.2 CITY'S EXPENSE
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City of Fresno
4.
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
CITY shall not be responsible for payment of any work performed pursuant to this
AGREEMENT, unless otheruise agreed to in writing.
4.4 DELAYS
AUTHORITY and CITY acknowledge and agree that delays in the performance of
UTILITY WORK may impact the public convenience, safety and welfare, and that
monetary damages could be inadequate to compensate for delays in the
construction of the PROJECT. Consequently, the PARTIES shall make all
reasonable and good faith efforts to facílitate the PROJECT.
4.5 AUTHORITY'S CONTRACTOR CLAIMS
ln the event AUTHORITY'S CONTRACTOR or other party retained by
AUTHORITY provides a notice of intent to make a claim against AUTHORITY
relating to UTILITY WORK, AUTHORITY shall, in accordance with
AUTHORITY'S procedure, notify CITY of the notice of intent and CITY shall
cooperate with AUTHORITY, at AUTHORITY'S expense, in analyzing and
resolving the claim within a reasonable time; provided, however that AUTHORITY
shall not cause CITY to become a party to any such claim. AUTHORITY shall
defend, indemnify, and hold the CITY harmless in the event of any claim brought
against CITY due to PROJECT construction and design pursuant to Section 2 of
Appendix A.
4.6 DISPUTES
This section is not applicable to the CITY'S permitting process. lt is noted, that for
the purposes of Construction Package 01, underthe terms of Contract HSRI3-
06, the Design-Builder is liable for design activities related to the Third Party
Facility Work, including planning, local agency encroachment permits, preliminary
design, engineering, surveys, coordination with all interested parties, final design,
construction document preparation, scheduling, cost estimates, quality assurance
and control (See HSR13-06, General Provisions, Section 49.1.1).
The PARTIES agree to work in good faith to resolve any disputes. lf a dispute
cannot be resolved at the technical level, it will be elevated to the City Manager or
his or her designee for the CITY and the Regional Director or his or her designee
for the AUTHORITY to resolve.
Notwithstanding any dispute, the PARTIES agree that they will continue their
respective performances required herein, and such continuation of efforts shall
not be construed as a waiver of any legal right or power (a) of any PARTY under
this AGREEMENT or any other agreement executed pursuant hereto, or (b)
othenruise available pursuant to applicable law. Records of the UTILITY WORK
shall be kept in sufficient detail to enable payment in accordance with applicable
provisions in this AGREEMENT irrespective of the ultimate outcome of any
dispute.
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City of Fresno
5.
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
PERFORMANCE OF WORK
5.1. AUTHORITY RESPONSIBLE FOR WORK
AUTHORITY is responsible for performing, or causing to be performed by
AUTHORITIES CONTRACTOR, all UTILITY WORK contemplated herein or to be
performed as a result of the AUTHORITY'S compliance with this AGREEMENT
by the completion of the PROJECT. As between CITY and AUTHORITY,
AUTHORITY shall be responsible for all tasks and obligations assigned to
AUTHORITY'S CONTRACTOR (including but not limited to those of
AUTHORITY'S CONTRACTOR's authorized agents, architects, engineers, or
subcontractors) for any UTILITY WORK contemplated herein. A breach by
AUTHORITY'S CONTRACTOR shall be a breach by AUTHORITY for purposes
of this AGREEMENT.
5.2. PERFORMANCE OF WORK
The UTILITY WORK to be performed by AUTHORITY or AUTHORITY'S
CONTRACTOR will be done under the CITY'S current permitting process. The
AUTHORITY'S CONTRACTOR will be required to obtain CITY PERMITS as
applicable.
5.3. STAKEHOLDERCOLLABORATION
CITY agrees to collaborate with AUTHORITY, AUTHORITY'S CONTRACTOR,
and any other third-party entities affected by the PROJECT(S), including
regulatory agencies, other local agencies, and public and private utility owners
(collectively "STAKEHOLDERS"). The PARTIES shall work together to identify
collaborative methods for resolving issues that may arise as part of the
PROJECT. As between CITY and AUTHORITY, AUTHORITY shall be solely
responsible for the soliciting the participation of STAKEHOLDERS in such a
collaboration,
STAKEHOLDERS will be requested by AUTHORITY to attend an initial kick-off
workshop as well as subsequent periodic meetings as scheduled throughout the
duration of the PROJECT(S). During the initial workshop, AUTHORITY shall
request that STAKEHOLDERS develop procedures and agreements as specified
in Appendix F. "STAKEHOLDER COLLABORATION," included herein, to
facilitate the collaborative relationship and aid in identifying and resolving issues
as they arise throughout the PROJECT(S).
Reimbursement to CITY for its actual cost to prepare for and participate in the
initial workshop and subsequent stakeholder meetings shall be made by
AUTHORITY.
5.4. RESTORATION WORK
lf the HSR Project which precipitated this AGREEMENT is canceled or modified
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City of Fresno
California High-Speed Rail Authority
UTILIW RELOCATION COOPERATIVE AGREEMENT
so as to eliminate the necessity of work, the AUTHORITY will notify CITY in
writing and AUTHORITY reserves the right to terminate this AGREEMENT by
Amendment. The Amendment shall provide mutually acceptable terms and
conditions for terminating the AGREEMENT, and performance of
RESTORATION WORK, including restoration of disturbed facilities where
applicable.
6. CITY FEES
AUTHORITY shall be responsible to CITY for applicable fees in accordance with CITY'S
Master Fee Schedule as required for CITY PERMITS, as applicable. CITY hereby
consents to accepting said payment from AUTHORITY'S CONTRACTOR in accordance
with Section 5 herein.
7. APPENDIXES
The following Appendixes are attached to this AGREEMENT and incorporated by
reference herein.
Appendix A. Special Terms and Conditions
Appendix B. City of Fresno Utility Design Criteria
Appendix C. Stakeholder Collaboration
lN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT effective
the day and year first written.
[Signature Page Follows]
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City of Fresno
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
HIGH-SPEED RAIL AUTHORITY
JEFF MORALES, CHIEF EXECUTIVE OFFICER
APPROVED AS TO FORM:
ATTEST:
YVONNE SPENCE, CMC, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
DATE
DATETHOMAS FELLENZ, CHIEF COU
CITY OF FRESNO
DATE
ESHA, DEPUTY CITY ATTORNEY
Page9of19
City of Fresno
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
APPENDIX A: SPECIAL TERMS AND CONDITIONS
1. DEFAULT
ln the event that AUTHORITY materially breaches this AGREEMENT, then in addition to
any other remedies which are othenruise provided for in the AGREEMENT or by law or
equity, CITY may exercise one or more of the following options:
A. Pursue a claim for damages suffered by CITY.
B. Perform any work with its own forces or through subcontractors and seek
repayment for the cost thereof.
Termination of this AGREEMENT shall not relieve either PARTY from any obligations it
has pursuant to other agreements between the PARTIES, nor from any statutory
obligations that either PARTY may have with regard to the subject matter hereof, nor
from any obligations under this AGREEMENT.
2. INDEMNIFICATION
Each PARTY shall hold harmless, and indemnify the other PARTY and its respective
governing Boards, officers, directors, employees, authorized agents, engineers,
contractors or subcontractors from and against any and all claims, damages, losses,
liabilities, costs, and expenses (including reasonable attorneys' and expert witness fees
and costs) that arise out of or as a result of any negligent act or omission or its officers,
agents, employees, engineers, contractors or subcontractors in carrying out obligations
under this Agreement executed pursuant hereto, except to the extent that such expense,
liability or claim is proximately caused by the negligence or willful misconduct of the
PARTIES indemnified or their respective agents, servants, or independent contractors
who are directly responsible to such indemnified PARTY.
For purposes of this provision, as between CITY and AUTHORITY, AUTHORITY shall
be responsible for all actions of AUTHORITY'S CONTRACTOR and shall hold harmless
and indemnify CITY from any action of AUTHORITY'S CONTRACTOR.
lnsurance: The AUTHORITY'S CONTRACTOR will add the CITY as an additional
insured on the insurance provided by AUTHORITY'S CONTRACTOR pursuant to its
contract (HSR13-06).
3. FORCE MAJEURE
Neither the CITY nor the AUTHORITY shall be liable to the other for any failure to
perform under this AGREEMENT to the extent such performance is prevented by the
following:
A. Earthquake exceeding 3.5 on the Richter scale;
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City of Fresno
California High-Speed Rail Authority
UTILIW RELOCATION COOPERATIVE AGREEMENT
B. Tidal wave;
C. Epidemic, blockade, rebellion, war, riot, act of terrorism or c¡vil commotion;
D. Discovery at, near or on the site of any archaeological, paleontological,
cultural, biological or other protected resources, provided that the existence of
such resources was not discovered during the environmental review process;
E. Lawsuit seeking to restrain, enjoin, challenge or delay construction of the
PROJECT or the granting or renewal of any Governmental Approval of the
PROJECT; or
F. Strike, labor dispute, work slowdown, work stoppage, secondary boycott,
walkout or other similar occurrence occurring within the vicinity of the PROJECT
where each participant in such occurrence is not a CITY or AUTHORITY related
entity.
The foregoing events shall relieve a PARTY of liability only if the PARTY'S failure to
perform as a result of such event is beyond its control and not due to an act or omission
of the PARY and could not have been avoided by due diligence or use of reasonable
efforts and the PARTY claiming the excuse from performance has:
A. Promptly notified the other PARTY of the occurrence and its estimated
duration,
B. Promptly remedied or mitigated the effect of the occurrence to the extent
possible, and
C. Resumed performance as soon as possible.
To the extent applicable, if any such event of Force Majeure occurs, the CITY agrees, if
requested by the AUTHORITY, to accelerate its efforts if reasonably feasible in order to
regain lost time, so long as the AUTHORITY agrees to reimburse the CITY for the
reasonable and actual costs of such efforts.
Force Majeure excludes:
A. Fire or other physical destruction or damage, including lightning, explosion,
drought, rain, flood, earthquakes equal to or under 3.5 on the Richter scale,
hurricane, storm or action of the elements or other acts of God;
B. Except as provided in C of the definition of Force Majeure above,
explosion or malicious or other acts intended to cause loss or damage or other
similar occurrence;
C. All other matters not caused by or beyond the control of the AUTHORITY
or a PARTY employee or contractor and not listed in the definition of Force
Majeure above.
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City of Fresno
California High-Speed Rail Authority
UTILIW RELOCATION COOPERATIVE AGREEMENT
4. MAINTENANCE OF UTILITIES DURING PROJECT
UTILITIES shall at all times rema¡n the property of the CITY and shall be properly
protected and maintained by the CITY, provided, however, that CITY shall not be
required to protect UTILITIES within the construction site during RELOCATION by
AUTHORITY or AUTHORITY'S CONTRACTOR. AUTHORITY shall be responsible for
maintenance of any UTILITIES within the construction site, including during
RELOCATION thereof by AUTHORITY OR AUTHORITY'S CONTRACTOR,
AUTHORITY'S CONTRACTOR'S operations within the construction site of the UTILITY,
and until acceptance of the UTILITY by CITY following the CITY's permitting process.
5. HSR RIGHT-OF.WAY ACCESS
Pursuant to California Public Utilities Code 5185508 and $185509, CITY shall be
allowed to cross HSR RIGHT-OF-WAY.
From time to time, CITY may be required to access HSR RIGHT-OF-WAY for
maintenance and emergency situations. For maintenance purposes, CITY will comply
with AUTHORITY policies and procedures for access. HSR RIGHT-OF-WAY access
policies and procedures should not be unduly burdensome. For emergency situations,
CITY shall follow AUTHORITY emergency access policies and procedures.
6. RIGHT.OF.WAY OF CITY
Whenever CITY'S affected UTILITIES will remain within HSR Rightof-Way,
AUTHORITY and CITY shall enter into either a joint use agreement or consent to
common use agreement of the subject area.
Whenever CITY'S affected UTILITIES are to be relocated from the existing RIGHT-OF-
WAY OF CITY to a new location that falls outside such existing RIGHT-OF-WAY OF
CITY, AUTHORITY shall convey or cause to be conveyed a new right-of-way for such
relocated UTILITIES;
For such RELOCATIONS, AUTHORITY shall issue, or cause to be issued, to CITY,
without charge to CITY or credit to AUTHORITY, appropriate replacement rights in the
new location acceptable to CITY for those rights previously held by CITY in existing
RIGHT-OF-WAY OF CITY. ln consideration for these replacement rights being issued
by AUTHORITY, CITY shall subsequently convey to AUTHORITY, or its nominee, within
AUTHORITY'S Right-of-Way, all of its corresponding right, title and interest within the
existing RIGHT-OF WAY OF CITY so vacated.
lf the existing Right-of-way of City includes fee title, the Authority shall acquire from the
City, for just compensation under State law, those property rights required by the
Authority for its UTILITIES by separate transaction, leaving to the CITY those remaining
property rights appropriate for the placement and operation of the CITY'S UTILITIES in
the HSR RIGHT-OF-WAY.
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City of Fresno
California High-Speed Rail Authority
UTILIW RELOCATION COOPERATIVE AGREEMENT
7. AGREEMENT FINAL EXPRESSION OF THE PARTIES
This AGREEMENT constitutes the complete and final expression of the PARTIES with
respect to the subject matter and supersedes all prior agreements, understandings, or
negotiations, except that the PARTIES understand and agree that AUTHORITY will
have written policies and procedures which shall be applicable as written at the time of
the execution of this contract. Copies of AUTHORITY policies and procedures will be
provided to CITY as soon as practicable after they become available. This Agreement
cannot be modified except by an instrument, in writing, signed by each of the parties.
Should any provision of AUTHORITY'S policies and procedures conflict with this
AGREEMENT, this AGREEMENT shall govern to the extent permitted by law, with the
exception of safety requirements for the HSR RIGHT-OF-WAY.
8. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California. Any provision
hereof found to be unlawful or unenforceable shall be severable and shall not affect the
validity of the remaining portions hereof.
Venue for any action shall lie exclusively in Sacramento County, California pursuant to
Public Utilities Code section 185038.
9. NOTICES
All required notices may be sent by first class United States Mail, facsimile transmission,
hand delivery, or express mail and for time calculations purposes shall be deemed to
have been received by the end of five (5) business days from the proper sending thereof
unless proof of prior actual receipt is provided. CITY shall have a continuing obligation to
notify AUTHORITY of the appropriate persons for notices to be sent pursuant to this
Agreement. Unless othen¡rise notified in writing, notices shall be sent to the following
addresses:
lf to CITY:
City of Fresno
Scott Mozier, Director Department of Public Works
2600 Fresno Street, 4th Floor
Fresno, C493721
Facsimile: (559) 488-1045
lf to AUTHORITY:
California High-Speed Rail Authority
Thomas Fellenz, Chief Counsel
770L Street, Suite 620, MS I
Sacramento, CA 95814
E-mail: Thomas. Fellenz@hsr.ca.gov
Page 13 of 19
City of Fresno
California High-Speed Rail Authority
UTILIW RELOCATION COOPERATIVE AGREEMENT
10. HAZARDOUS MATERIAL
Upon discovery of HAZARDOUS MATERIAL in connection with the UTIL¡TY WORK,
both CITY and AUTHORITY shall immediately confer to explore all reasonable
alternatives and agree on a course of action.
A. AUTHORITY will pay, in its entirety, those costs for additional necessary
effort undertaken within HSR RIGHT-OF-WAY to comply with existing statutes or
regulations concerning the disposition of HAZARDOUS MATERIAL found as a
consequence of that UTILITY WORK.
B. AUTHORITY will pay, in its entirety those costs for additional necessary
efforts undertaken within the area of the replacement property right located
outside HSR RIGHT-OF-WAY which is required to comply with existing statutes
or regulations concerning the disposition of HAZARDOUS MATERIAL.
C. Each PARTY to this AGREEMENT retains the right to pursue recovery of
its share of any such HAZARDOUS MATERIAL related costs from the other
PARTY or third parties in accordance with existing law, except that AUTHORITY
may not pursue recovery from CITY and the CITY will not pursue recovery from
the AUTHORITY, in locations where Phase ll testing has confirmed no
HAZARDOUS MATERIAL is present.
,11. SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of, and shall be binding upon, the successors
and assigns of the PARTIES.
12. STATE AND FEDERAL FUNDS
No funds or resources are allocated or encumbered as against this Agreement and
AUTHORITY'S obligations and duties are conditioned upon sufficient funds being made
available to the AUTHORITY by the United States Government or the California State
Legislature for the purpose of this PROJECT.
13. AUDIT
CITY agrees that the awarding department, the Department of General Services, the
Bureau of State Audits, or their designated representative shall have the right to review
and to copy any records and supporting documentation pertaining to the performance of
this AGREEMENT. CITY agrees to maintain such records for possible audit for a
minimum of three (3) years after final payment, unless a longer period of records
retention is stipulated. CITY agrees to allow the auditor(s) access to such records during
normal business hours and to allow interviews of any employees who might reasonably
have information related to such records. Further, CITY agrees to include a similar right
of the State to audit records and interview staff in any subcontract related to
performance of this AGREEMENT. (Gov. Code S8546.7, Pub. Contract Code $101 15 et
Page 14 of I 9
City of Fresno
Californía High-Speed Rail Authority
UTILIW RELOCATION COOPERATIVE AGREEMENT
seq., CCR Title 2, Section 1896).
14, TIMELINESS
Time is of the essence in this AGREEMENT.
15. UNENFORCEABLEPROVISION
In the event that any provision of this AGREEMENT is unenforceable or held to be
unenforceable, then the parties agree that all other provisions of this AGREEMENT
have force and effect and shall not be affected thereby.
Page 15 of 19
City of Fresno
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
APPENDIX B: CITY OF FRESNO UTILITY DESIGN CRITERA
Unless othenruise agreed to in writing by the PARTIES, RELOCATION of UTILITIES
shall be completed in accordance with City of Fresno UTILITY DESIGN CRITERIA.
The following shall comprise CITY's UTILITY DESIGN CRITERIA and are attached
hereto and incorporated herein:
1. These City of Fresno Utility Design Criteria listed within Exhibit B.
2. Water Division Conditions (attached hereto and incorporated herein as Exhibit "B-
1")
3. Wastewater Division Conditions (attached hereto and incorporated herein as
Exhibit "B-2")
4. California High-Speed Rail Environmental Comments and responses for the Final
Environmental lmpact ReporVEnvironmental lmpact Statement (Final ElRl/ElS)for
the Merced to Fresno section of the High-Speed Rail Project., Chapter 19,
Submission 703, Pages 62 to 82 (attached hereto and incorporated herein as
Exhibit "B-3")
5. California High-Speed Rail Environmental Comments and responses for the Final
Environmental lmpact ReporUEnvironmental lmpact Statement (Final EIFVEIS) for
the Fresno to Bakersfield section of the High-Speed Rail Project pertaining to the
City of Fresno (attached hereto and incorporated herein as Exhibit "B-4')
6. Graphic Representations of Special Conditions (attached hereto and incorporated
herein as Exhibit'B-5")
AUTHORITY shall deem a UTILITY DESIGN CRITERIA appearing on any one of the
above-noted documents as appearing on all of the above-noted documents.
The PARTIES acknowledge that the designs to be submitted by the AUTHORITY or
AUTHORITY'S CONTRACTOR for the RELOCATION of UTILTIES may change from
time to time due to the nature of the design-build delivery model. AUTHORITY is
responsible for ensuring that these UTILITY DESIGN CRITERIA are included in
updated, modified, changed, or othenryise changed designs in effect at time of the permit
application.
Any conflict between DESIGN GUIDELINES in the above documents shall be resolved
by the PARTIES in accordance with Section 4.6, lf a conflict arises, AUTHORITY shall
notify CITY immediately. CITY shall respond to AUTHORITY concerns regarding
conflicts between CITY's DESIGN GUIDELINE documents in a timely manner. CITY
shall have sole and final discretion over approval of final plans and issuance of permits
for CITY UTILITIES and FACILTIES under the CITY's permitting process.
Deactivated Facilities
1. Deactivated CITY water and sewer pipeline FACILITIES that are disturbed by the
Page 16 of 19
City of Fresno
California High-Speed Rail Authority
UTILIW RELOCATION COOPERATIVE AGREEMENT
HSR PROJECT and are within the RIGHT-OF-WAY OF CITY shall be removed in
accordance with existing CITY policies or otherw¡se agreed to in writing by CITY. All
deactivated CITY water and sewer pipelines FACILITIES that are not disturbed by
the HSR Project and are within the RIGHT-OF-WAY OF CITY will be allowed to
remain in place, but shall be filled with concrete grout or equivalent in accordance
with existing CITY policies or otherwise agreed to in writing by CITY.
2. Deactivated CITY FACILITIES that are within a RAILROAD RIGHT-OF-WAY shall be
dealt with in accordance with railroad regulations.
3. Deactivated CITY FACILITIES that are within HSR RIGHT-OF-WAY shall be dealt
with in accordance with AUTHORITY'S policies and procedures.
Relocation of Water and Sewer
1. To the extent practicable, the sanitary sewer RELOCATION shall be designed to
maintain gravity flow for the sanitary sewer system. Any variations to this guideline
are to be designed in cooperation with the City of Fresno. Sewer lift station
variances will only be approved in limited circumstances when it is mutually agreed
by the PARTIES that maintaining gravity flow for the sanitary sewer system would
not be feasible. AUTHORITY shall make every reasonable effort to maintain gravity
flow and avoid the necessity for lift stations.
2. AUTHORITY's activities shall be designed and scheduled to ensure there will not be
a break in delivery of service for water and sewer, unless othenrvise agreed to in
writing by CITY.
3. All existing and future crossing points for water and sewer lines under the HSR and
UPRR corridors will be protected in casings, unless othenruise agreed to in writing by
CITY.
All future water lines for recycled water or potable water that are in the City of Fresno
2035 Water Master Plan that cross the HSR RIGHT-OF-WAY must be provided with
protective casings.
No water and/or sewer lines greater than 8 inches in diameter shall be relocated into
or attached to a non-CITY owned and maintained structure.
Relocation of DRY UTILITIES
L Any outage shall be noticed thirty (30) calendar days prior if non-critical (Traffic
Synchronization only); but if it is a criticalfiber path for CITY, County of Fresno, City
of Clovis, Fresno Unified School District, or Clovis Unified School District, the outage
Page 17 of 19
City of Fresno
4.
5.
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
must be mitigated by the AUTHOR¡TY at least thirty (30) calendar days in
advance. A thirty (30) calendar day notice shall be provide prior to any work on
major fiber runs and after mitigation has been established.
2. The Adaptive System needs the server and communications to be up 24 hours a
day, seven days a week. ln addition, communication from the CITY's Traffic
Operation Center to the field should not be interrupted during between November 15
and January 5 of any year, nor shall it be interrupted during any California State
University, Fresno home football game. lt is crucial that the Adaptive System be fully
functioning for traffic control during these periods.
3. No outages shall be allowed on Fresno Street or SR180/"G" Street (outages means
AUTHORITY is cutting into the continuous ITS trunk fiber cables on Fresno Street or
at SR180 and "G" Street).
4. Fiber optic trunk line (which runs from hub cabinet to hub cabinet) and feeder fiber
cables (which run from hub cabinets to íntersection cabinets) and associated vaults,
cameras, communications cabinets shall not be relocated without CITY review and
approval of plans. All fiber optic cables that need to be relocated shall be relocated
from origination point (TOC or hub cabinet) to point of demarcation (hub cabinet or
intersection cabinet)to retain original continuity without introducing new splice points.
All new infrastructure shall be according to CITY lntelligent Transportation Systems
Standards, Specifications, and Qualified Product List and 100% compatible and
operable with existing equipment and systems.
Page 18 of '1 9
City of Fresno
California High-Speed Rail Authority
UTILITY RELOCATION COOPERATIVE AGREEMENT
APPENDIX G: STAKEHOLDER COLLABORATION
ln order to accomplish PROJECT(S) through the most effective means available,
PARTIES will collaborate as agreed to in Section 5.2 "STAKEHOLDER
COLLABORATION." As part of this collaborative relationship, a cooperative
management team would be developed, which would draw on the strengths of each
team member in an effort to achieve a quality project within budget and on schedule.
Collaboration is strongly encouraged in preference to formal dispute resolution and
adjudication mechanisms. Collaboration in this context is intended to be mandatory, but
non-binding. The identified procedures will be available for use by the STAKEHOLDERS
to resolve issues that may arise during the performance of UTILITY WORK.
I NITIAL KICK.OFF WORKSHOP
ln order to achieve effective and efficient completion of the PROJECT(S), the
STAKEHOLDERS agree to conduct a kick-off workshop where they will identify issues
for resolution that are present or foreseeable and engage in joint problem solving and
action planning on the issues identified.
At a minimum, during this workshop, participants will develop the following procedures
and agreements to facilitate the collaborative relationship and aid in identifying and
resolving issues as they may arise throughout the PROJECT:
A. 'Tssues Resolution Ladder" (/RS) - a hierarchy of those individuals within
the PROJECT including the STAKEHOLDERS and Dispute Resolution Board and
extending across organizational boundaries to address issues as they arise to
facilitate communication and address issues before those issues are elevated to
the next ladder rung.
B. "Stakeholder Collaboration lmplementation Plan"- the intention of this plan
is to sustain the collaborative relationship after the kick-off meeting by
establishing monthly or quarterly schedule of stakeholder meetings and any
procedures necessary for the identification and resolution of any issues during
the performance of the UTILITY WORK to be addressed by the
STAKEHOLDERS.
C. "Stakeholder Charter"- the charter will express the vision for the project, a
statement of mutual goals and positive behavior practices and will be a visual
reminder of mutual commitment to the collaborative vision, goals and relationship.
The charter will be signed by all STAKEHOLDERS.
The AUTHORITY shall be responsible for the organization of the lnitial Kick-Off
Workshop.
STAKEHOLDER MEETINGS
The purpose of the stakeholder meetings will be to evaluate the efficacy of the
stakeholder relationship and review its processes as necessary to improve or correct
any procedures/practices and efficiently identify and resolve PROJECT issues.
Page 19 of 19
City of Fresno
Appendix B, Exhib¡t B-1
Crty olI=CDEêlISI'-:f flE-JiE7¿¿N-=
Department of Public utilities
Water Division
1910 East University Avenue
Fresno, California 937 03-2927
559-621-5300 - FAX 559-488-1024
www.fresno.gov Providinq Life's Essentiol Setvices
DATE:October 15, 2013
SUBJECT: REQUEST FOR GITY OF FRESNO PLAT REVIEW
The City of Fresno Water Division has reviewed the Gity of Fresno Plat Package and has the following
comments:
1. The plats identify the relocation of numerous existing water mains operated by the City. The
following items pertain to the City's standards, policies and procedures for water main
construction:
All public water facilities shall be constructed in accordance with the City of Fresno
Department of Public Works standards, specifìcations, and policies.
Engineered improvement plans prepared by a Registered Civil Engineer shall be
submitted for Department of Public Utilities review and approvals for all proposed
additions and/or modifìcation to the Gity water system. The plans shall depict
neighboring parcels and proposed plans for their continued service, the location for all
irrigation, fire, and domestic water services and backflow prevention devices if
required. All proposed City water mains shall be looped; dead end mains will not be
allowed.
All proposed water main additions and/or modification to the City water system shall be
constructed or remain within the public right-of-way or within a dedicated water main
easement as approved by the City. Water main easements shall be a minimum of
3O-feet in width and be clear, unobstructed, and accessible at all times by the City.
Pursuant to Fresno Municipal Code Sec. 6-527(b), the Gity of Fresno will perform all
connections to the live water system including water main wet ties, service taps, and
abandonments. The HSR project will be responsible for the cost of all City performed
connections. Cost estimates for the City performed connections will be prepared when
improvement plans are submitted to the City for review. The cost for all connections
(except for water service installations 2-inch and smaller) will be based on the actual
time, materials and equipment used to perform the work. The cost for water service
installations 2-inch and smaller will be the current fee identified in the City of Fresno
Master Fee Schedule which can be viewed at the following link:
hed u le/Cu rrentFiscalTableofContents. htrn
a.
b.
d.
Page 1 of4
City of Fresno
A Nationally Acqedited Public Utility Agency
2.
J.
4.
5.
7.
8.
6.
Appendix B, Exh¡b¡t B-1
All existing wells within the HSR project area shall be sealed and abandoned in compliance
with the State of Califomia Well Standards, Bulletin 74-90 or current revisions issued by the
California Department of Water Resources and City of Fresno standards,
Due to the limited number of water mains crossing the Highway 99, Union Pacific Railroad
(UPRR), and proposed HSR corridor, the City may increase the size of existing water mains
crossing the HSR alignment as necessary to ensure satisfactory levels of water service are
maintained. Water main sizing will be determined when utility improvement plans are
submitted to the City for review.
All proposed water main relocations shall be a minimum size of 8-inches in diameter.
All City water mains to be relocated shall be reconstructed utilizing new materials, The reuse
of existing pipe, fittings, hydrants, and other ancillary materials and equipment will not be
approved.
All Plats - The plan indicates that existing water mains crossing the proposed HSR alignment
are to be protected in place. All City water mains crossing the HSR alignment shall be
constructed/reconstructed utilizing new ductile iron pipe within a steel conductor casing. No
split casings for the preserving of existing water mains will be approved.
Plat 5 - Upsize the proposed 14-inch water main in North Carnegle Avenue to 16-inches.
Plat 5 - Upsize the proposed 14-inch water main in North Golden State Boulevard to 16-
inches.
9. Plat 6 - Upsize the proposed 14-inch water main in North Golden State Boulevard to 16-
inches.
10. Plat 7 - Upsize the proposed 14-inch water main in North Golden State Boulevard to 16-
inches.
11. Plat 7 - Upsize the proposed 14-inch water main in the crossing of the HSR between North
Weber Avenue and North Golden State Boulevard to 16-inches.
12.Plat7 & I - Abandon the existing f-inch water main located in West Shaw Avenue between
North Golden State Boulevard and North Cornelia Avenue. Provide water services to affected
parcels.
13. Plat I - Construct new l6-inch water main in steel casing between North Golden State
Boulevard & West Shaw Avenue.'
14.Plat I - Upsize the proposed 14-inch water main in North Golden State Boulevard to 16-
inches.
15. Plat 9 - Upsize the proposed 14-inch water main in North Golden State Boulevard to 16-
inches.
16. Plat 10 - Upsize the proposed 14-inch water main in North Golden State Boulevard to 16-
inches.
17. Plat 10 - Reconstruct the existing '14-inch water main with a 16-inch water main in steelcasing
in West Ashlan Avenue between North Golden State Boulevard and North Marty Avenue.
Page2 of 4
City of Fresno
Appendix B, Exh¡b¡t B-1
18. Plat 10 - Replace the 14-inch water main in North Golden State Boulevard between of West
Ashlan Avenue and West Swift Avenue with a 12-inch water main.
19, Plat 11 - Abandon the 14-inch diameter water main in North Parkway Drive between West
Dakota Avenue and West Shields Avenue and replace with a 16-inch water main. 3O-foot
easement required.
20. Plat 14 & 15 - Relocate the 12-inch water main located in North Parkway Drive south of West
Vassar Avenue to the new alignment.
21.Plal15 - Retain the existing 12-inch water main located in West Vassar Avenue between
North Pleasant Avenue and the new North Parkway Drive alignment.
22. Plat 1 5 - Retain the existing &inch water main in the North Lafayette Avenue Alignment.
23.Plat 16 - Construct a 12-inch diameterwater main in the proposed West McKinley Avenue
Connector.
24.Plat 16 - Abandon the existing 8-inch main and replace with a 12-inch water main in North
Golden State Boulevard from the proposed "McKinley Connector" north to serve APN 442-
122-26.
25. Plat 16 - Reconstruct 12-inch water main with a steel casing located under crossing.
26. Plat 16 - Provide sufficiently sized casing for future 3O-inch Regional Transmission Main
under crossing,
27.Plal17 - Replace 12-inch water main with a 16-inch water main in steelcasing between Pump
Stat #054 and North Golden State Boulevard,
28. Plat 17 & 18 - Relocate the 12-inch water main located in West Olive Avenue between North
West Avenue & North Golden State Boulevard to the south side of road.
29. Plat 17 & 18 - Reconstruct 12-inch water main within a steel casing in West Olive Avenue
under the proposed crossing.
30.Plat 18 - Relocate or reconstruct the 12-inch water main within West Belmont Avenue
between North Arthur Avenue and North Thorne Avenue.
31.Plat 18 - Reconstructthe 12-inch water main in North Thorne Avenue at the HSR crossing
and continue water main to West Belmont Avenue.
32. Plat 18 - The proposed City water main crossing HSR at West Belmont Ave will not allow the
City to access the water main due to the proximity of the proposed gas facilities. The
BelmonUHSR water main crossing design will require additional planning and revisions prior to
City approval.
33. Plat 19 - Construct a l6-inch water main within a steel casing in East Divisidero Avenue from
G Street to North Roosevelt Avenue.
34. Plat 21 - lnstall steelcasing forfuture 16-inch water main between G Street and H Street.
Page 3 of 4
City of Fresno
Appendix B, Exh¡bit B-1
35. Plat 21 - Reconstruct 12-inch water main for the new Fresno Street underpass and within a
steel casing crossing the future HSR.
36. Plat 22 - Reconstruct 12-inch water main within a steel casing in Kern Street at future HSR
crossing,
37. Plat 22 - lnstall steel casing for future 24-inch Regional Transmission Main in Mono Street
between G Street and H Street.
38. Plat 22 - Relocate existing 12-inch water main within a steel casing in Ventura Boulevard
between G Street and H Street.
39. Plat 22 - lnstall steel casing for future 16-inch water main in Ventura Boulevard between G
Street and H Street.
40. Plat 23 - Reconstruct 12-inch water main within a steel casing in Monterey Street between G
Street and H Street.
41. Plat 23 - Install a steel casing for future 24-inch Regional Transmission Main,
42.Plal23 - Abandon 6-inch water main located in South Cherry Avenue and replace with an 8-
inch water main.
43, Plat 24 - Abandon 8-inch water main located in South Sarah Street and relocate with a 10-
inch water main.
4.Plal 24 - Abandon 10-inch water main and construct a 12-inch water main within a steel
casing in East Florence Avenue.
45. Plat 24 & 25 - Abandon 1O-inch water main and construct a 16-inch water main within a steel
casing in East Church Avenue.
46. Plat 25 - Abandon 12-inch water main in South Railroad Avenue and relocate through a 30-
foot water main easement back to South Golden State Boulevard,
47.Plat 26 - lnstall a steel casing for future 16-inch water main in East Jensen Avenue between
South Orange Avenue and South Golden State Boulevard.
48. Plat 27 -Replace affected 14-inch water main with a 16-inch water main within a steel casing
in South Golden State Boulevard.
49. Plat 27 - Install a steel casing for future 24-inch water main in South Golden State Boulevard.
50. Plat 28 - ls existing industrial business park to remain? Resolve connectivity issues in East
Hardy Avenue and East North Avenue.
51. Plat 28 - Replace 14-inch water main with a 16-inch water main wíthin a steel casing in East
North Avenue at the HSR crossing.
52. Plat 29 - Reconstruct 14-inch water main with a 16-inch main within a steel casing located in
East Muscat Avenue at the HSR crossing.
Page 4 of 4
City of Fresno
Appendix B, Exh¡b¡t B-2
C'ly oiEEDEIêTT.f flEÐi?7¿¿lr---
Department of Public Utilities
Wastewater Management Division
5607 West Jensen Avenue
Fresno, Califomia 93706-9458
559-621-s100 - FAX 559-498-1700
www.fresno.gov ?rov¡dt¡q Ltfe t Es;cntiol Seurces
October 28,2013
To: High Speed RailAuthority
Subject CALIFORNIA HIGH-SPEED TRAIN PROJECT
SIERRA SUBDTVISION PACKAGE 1C
Scope of Work
Drawings dated4/Z7/L2
City of Fresno Department of Public Utilities rffastewater Management Division Comments
Please rev¡ew the following comments:
1. GENERAL NOTE 1: All access structures located in the HSR ROW or between the
HSR and UPRR must be abandoned, refer to City of Fresno Standard Specifications
section 17-8.5. lf the access structure to be abandoned is located at a change in
direction of a sewer the sewer must also be modifìed so that all changes in direction
have access structures. ln some cases the reroute of sewers will be required.
2. GENERAL NOTE 2: All sewer pipes to be demolished must be CGTV inspected for
laterals prior to demolishing. All laterals must be investigated and if active must be
rerouted to an active sewer.
3. GENERAL NOTE 3: All sewers which cross the HSR ROW must be protected ¡n
place with a steel casing which extends 10 feet past the HSR ROW. Additionally all
sewers crossing the HSR must have an additional redundant steel casing capable of
holding the existing sewer pipe installed parallelto the existing sewer. The. redundant casing must maintain the slope and elevation of the existing sewer.
4. GENERAL NOTE 4: Any proposed change in direction of any sewer line must include
a manhole at that location and the manhole must be in a location which is easily
accessed by the City for maintenance.
5. Drawing number UT-C4060 - Please refer to GENERAL NOTES 1,2,3, AND 4.
Specifically, Wastewater (WW) requires an additional steel casing in place next to
each sewer crossing under the HSR on this page there are (2) an 18" and a 27"
diameter sewer lines.
6. Drawings number UT-C4061 , C4O62, and C4078 - Please refer to GENERAL
NOTES 1 ,2,3, AND 4. The relocation/rerouting of the new sewer down the existing
alignment down S. Sarah St is not preferred unless permanent access is provided for
Nationally Accredited Public Util$ Agency
Page 1 of 2
City of Fresno
Appendix B, Exhibit B-2
sewer maintenance (the Vactor truck access at minimum). Additionally WW requires
steel casings in place next to each sewer crossing under the HSR on this page there
are (2) a 20" and a 14" diameter.
7. Drawing number UT-C4063 - Please refer to GENERAL NOTES 1,2,3, AND 4. At
the UPRR crossing there are (4) sewer lines (30",14",10" and 8"). The 30" is
proposed to be relocated along a similar alignment which is acceptable as long as an
additional spare casing is provided under the UPRR and HSR lines. The 14" sewer
is proposed to be removed, this is unacceptable this is a forced main which is critical
for future plans by the WW division. The 14" line may be realigned and/or grade
changes made, as long as the pipe is reinstalled to serve the existing connections.
The Relocation of the 10" sewer line is acceptable. The 8" private sewer is not
private. lt is a City of Fresno forced main. The line is active from the UPRR to the
West. There is a service connection between manhole shown just to the West of the
HSR and the manhole just to the East of the HSR. This must be rerouted out of the
HSR alignment and reconnected to the West side of the HSR. There must be access
outside the HSR alignment.
8. Drawing number UT-C4064, UT-C4065. Please referto GENERAL NOTES 1,2,3,
AND 4
9. Drawing number UT-C4066- Please referto GENERAL NOTES 1,2,3, AND 4.
Wastewater (WW) requires an additional steel casing in place next to each sewer
crossing under the HSR on this page there is a 48" diameter sewer line.
l0.Drawing number UT-C4068-Please referto GENERAL NOTES 1,2,3, AND 4. Also
there is a manhole shown between HSR line 51 and 52. This is unacceptable. All
existing and/or new manholes must be outside the HSR and UPRR alignment to
allow access for sewer maintenance.
1 1 . Drawing number UT-C4069-Please refer to GENERAL NOTES 1,2,3, AND 4. WW
requires an additional steel casing in place next to each sewer crossing under the
HSR on this page there is a 10" diameter sewer line.
l2.Drawing number UT-C4070- Please referto GENERAL NOTES 1,2,3, AND 4. No
sewer lines are shown on this plan. ln North Avenue running under the proposed
HSR are a 57" and 8" sewer line. Unless a permanent maintenance agreement is
given to the City, WW requires an additional steel casing in place next to each sewer
crossing under the HSR.
Thank you,
Kevin Norgaard
Supervising Professional Engineer
City of Fresno-DPU Wastewater Management Division
5607 West Jensen Avenue
Fresno, CA 93706
Tel. 559-621-5297
Fax.559-498-1700
Page 2 of 2
City of Fresno
Appendix B, Exhibit B-3
California High-Speed Rail Environmental Gomments and Responses
for the Final Environmental lmpact ReporUEnvironmental lmpact
Statement for the Merced to Fresno Section of the High-Speed Rail
Project, Ghapter 19, Submission 703, Pages 62 to 82
Exhibit B-3: Califomia High-Speed Rail Environmental Comments and Responses for the Final
Environmental Impact ReporlEnvironmental Impact Statement for the Merced to Fresno section
of the High-Speed Rail Project, Chapter 19, Submission 703, Pages 62 to 82 is hereby
incorporated by reference and made part of this Agreement as if attached hereto.
A copy of Exhibit B-3, can be found at the internet site:
http://www.hsr.ca.gov/Programs/Environmental_Planning/frnal_merced_fresno.html
{THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK}
Page 1 of 1
City of Fresno
Appendix B, Exhib¡t B-4
Galifornia High-Speed Rail Environmental Gomments and Responses
for the Final Environmental lmpact Report/Environmental lmpact
Statement for the Fresno to Bakersfield Section of the High-Speed
Rail Project pertaining to the Gity of Fresno
Exhibit B-4: California High-Speed Rail Environmental Comments and Responses for the Final
Environmental Impact ReporlEnvironmental Impact Statement for the Fresno to Bakersfield
section of the High-Speed Rail Project pertaining to the City of Fresno is hereby incorporated by
reference and made part of this Agreement as if attached hereto.
A copy of Exhibit B-4, can be found at the internet site:
http://www,hsr.ca.govlPrograms/Environmental_Planning/final_fresno_bakersfield.html
{THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK}
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