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Home My WebLink AboutCALTRANS - Utility Agreement NO 06-1398 15clry (-)F Ffl[:sNr-) ì:tv l--lr:rk's Cllrr_-c (Origirral) 4 t5'-¡¡¡, t>l tllls Page 1 of6STATE OF CALIFORNIA o DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT RW l3-s (REV 9/2014) DISTzuCT 06 COUNTY FRE ROUTE 99 POST MILE P]|i423.5t26.7 EA 2HT101 FEDERAL AID NUMBER N/A OWNER'S FILE NUMBER STATE'S UTILITY PLANS _ WATER/SEWER FEDERAL PARTICIPATION On the Project ! ves X No On the Utiliries ! yes X No Owner Payee Data No. or Form STD 204 is aüached I UTILITY AGREEMENT NO. 06-1398.15 DATE December 17 2Ars The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes to realign State Route 99 from Ashlan to Clinton Avenue to accommodate the Califomia High Speed Rail (CHSR) project between the Union Pacific Railroad (UPRR) and State Route (SR) 99. The scope of the project includes reconstruction of the Clinton Avenue interchange and the Ashlan Avenue overhead structure, closure of three partial interchanges and realignment of local and frontage Roads. The project also includes building the infrastructure for the CHSR project within these limits; and City of Fresno hereinafter called "OWNER", owrls and maintains water and sewer facilities that cross Highway 99 within the limits of STATE'S project which requires relocation and/or modification to accommodate STATE'S project. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.06-1398.15 dated November 12,2015, OWNER shall do the wet-ties work on their water facilities. All work shall be performed substantially in accordance with STATE's and OWNER's approved plans, a copy of which is on file in the District office of the Department of Transportation at 855 M Street, Suite 200, Fresno, CA 93721. Deviations from OWNER's and STATE's approved water and sewer plans 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 OWNER's plan described above and are hereby made aparfhereof. No work under said deviation or addition of future work shall conìmence 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. It is mutually agreed that the STATE will include the work both water and sewer lines as part of the STATE's highway construction contract. OWNER shall have access to all phases of the work to be performed by the STATE for the pulpose of inspection to ensure that the work being performed for the OWNER is in accordance with the specifications contained in the highway contract. Upon completion of the work performed 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.) RW l3-5 (REV 9/2014) Page 2 of 6 II. LIABILITY FOR WORK Existing facilities described in Section I above will be relocated at l00o/o STATE expense in accordance to Utility Relocation Cooperative Agreement by and between the High Speed Rail Authority and the City of Fresno, dated November 7,2014. III. PERFORMANCE OF WORK OWNER agrees to perform the herein described work, excepting that work being performed by the STATE's highway contractor, with its own forces and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Use of out-of-state personnel, or personnel requiring lodging and meal ("per diem") expenses will not be allowed without prior written authorization by State's representative. Requests for such permission must be contained in OWNER's estimate of actual and necessary relocation costs. Account Form FA 1301 is to be completed and submitted for all non-State personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per diem expenses shall not exceed the per diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines. Work performed directly by Owner's employees falls within the exception of Labor Code Section 1720(a)(l) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall veriff compliance with this requirement in the administration of its contracts referenced above. IV. PAYMENT FOR \üORK The STATE shall pay its share of the actual and necessary cost of the herein described work Within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. UTILITY AGREEMENTNO. 06-1398. I s UTILITY ÄGREEMENT (cont.) RW r3-s (REV 9/2014) Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit 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 payrnent 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 an 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 suffrce 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%o 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. 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 andlor Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq.,23 CFR, Chapter 1, Part 645,to the extentthey are applicable. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse STATE upon receipt of STATE billing. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of STATE's request of November 2I,2013 to review, study andlor prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. Page 3 of6 UTILITY AGREEMENT NO. 06-l 398.1 s UTILITY AGREEMENT (cont.)Page 4 of 6 RW l3-5 /REV 9t2014 If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, STATE will notiff 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 under the terms of this Agreement are subject to the passage of the annual Budget Act by the State Legislature and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the STATE within 30 days of the completion of the work described herein. 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 635.410, 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; 23 CFR 635.4I0 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 23 CFR 635.410 and FHV/A guidance. OWNER hereby certifies that in the performance of this Agreement, for products where Buy America requirements apply, it shall use 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. UTILITY AGREEMENT NO. 06-1 398.1 s UTILITY AGREEMENT (cont.) RV/ l3-s (REV 9/2014) Page 5 of6 UTILITY AGREEMENTNO. 06- 1 398.1 s By Name DAVID SHERMAN Title DistrictUtilityCoordinator Right of Way APPROVAL RECOMMENDED: By Name Title RUBALCABA Utility Coordinator Right of Way IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. STATE: DEPARTMENT OF TRANSPORTATION OWNER: CITY OF FRESNO By Name Title Date Name RANDALL MORzuSON, PE Title Deputy City Engineer ATTEST: Yvonne Spence, CMC City Clerk øv : -27) a¿tnp Vna'M1¡a,u -r/ c I *1¿a Deputy Nlr,çr*, V(-rt¡ ¡r€è- VclûJ|^r¿è r ¿f tJ\ls ANDREW J.ELLI, PE APPROVED AS TO FORM: THIS AGRE,EMENT SHALL NOT BE EXECUTED BY THE STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION UNTIL FUNDS ARE CERTIFIED. UTILITY AGREEMENT (Cont.) RV/ l3-s (REV 9/2014) Page 6 of6 UTILITY AGREEMENT NO. 06- 1 398.1 5 T CODE DOCUMENT NIIMBER SIJF FD(DIST UNIT CHG DIST EA SUB JOB SPECIAL DESIGNATION FFY A OBJ CODE DOLLAR AMOTJNT ob t-ç.qt ô(r òhtL*J91 1l?1lQ' v 1,5 tb .L/N q I12..tuo. THE ESTIMATED COST TO STATE FORITS SHARE OF THE ABOVE DESCRIBED WORK IS $3,186,000.00. DO NOT \üRITE BELO\ry - FOR ACCOUNTING PURPOSES ONLY PLANNING AND MANAGEMENT COMPLETES EXCEPT SHADED COLUMNS: EA FLINDINGXENFIED: > l^ .. ' "L V &rL¡¿-L , PrinÞ Laurá Varela R/W Planning and Management Date UTILITY COMPLETES: REVIEw/REQVEST(.(¿/ y'tç Si );a---:¡!,+ Print>Rosa Rubalcaba Utility Coordinator Date FUND TYPE EA AMOT]NT Design Funds s Construction Funds $3,073,500.00 RV/ Funds o/; tâô0aJ8'$l12.500.00 CERTIFICATION OF FUNDS I hereby certif upon my own personal knowledge that budgeted funds are HQ Accounting Officer Date' ITEM CHAP STAT FY AMOUNT Luuo'SozP- 0D42-20.ze lo Lø13 r%l¡t2,gao, Distribution: 2 originals to R/rW Accountìng I original to Utility Owner I original to Utility File ( (t: 2ø544 L