2008/07/22 City Council Resolution 2008-116RESOLUTION NO. 2008-116
A RESOLUTION OF THE CITY COUNCIL OF ROHNERT PARK
AUTHORIZING AND APPROVING A UTILITIES AGREEMENT WITH THE
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
HIGHWAY 101 & WILFRED AVENUE INTERCHANGE WATER SYSTEM VALVE
RELOCATION, PROJECT NO. 2006-17
WHEREAS, the State of California Department of Transportation proposes to
improve the Wilfred Avenue Interchange in the City of Rohnert Park in State Route 101
( "Project ");
WHEREAS, the City of Rohnert Park owns and maintains underground water and
fire suppression facilities within the limits of this Project;
WHEREAS, the State of California Department of Transportation requires relocation
of the City of Rohnert Park's water and fire suppression facilities to accommodate the
Project; and
WHEREAS, the estimated cost of this Project is $233,000.00 and as outlined in the
Utilities Agreement attached hereto and incorporated herein, 100% of the liability associated
with the Project rests with the State of California Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that the Utilities Agreement with the State of California Department of
Transportation is authorized and approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute this Utilities Agreement in substantially similar form to the attached
agreement for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 22nd day of July, 2008.
ATTEST:
ig
ty
CITY OF ROHNERT PARK
BREEZE: AYE SMITH: AYE STAFTORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
iTATr.OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
RW 13= 5(4/2000)
Page 1 of 4
District
County
Route
P.M.
E.A.
4
Son
101
13.9/15.5
129651
Fed. Aid. No.
Owner's File:
FEDERAL PARTICIPATION: On the Project [ 1 Yes [ X]No
On the Utilities [ 1 Yes [X No
UTILITY AGREEMENT NO.: 1652.14 DATE:
The State of California, acting by and through the Department of Transportation, hereinafter called
"STATE" proposes to: Improve the Wilfred Avenue Interchange in the City of Rohnert Park on State
Route 101, and The City of Rohnert Park hereinafter called "OWNER ", owns and maintains:
underground water, and fire suppression facilities within the limits of STATE's project which requires:
relocation to accommodate STATE's project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No 1652.14, dated April 14, 2008, OWNER shall relocate
its facilities in accordance with OWNER's relocation plan # 2006 -17, consisting of five pages, a
copy of which is on file in the District office of the Department of Transportation at 111 Grand
Ave, Oakland, CA 94612 -3771. Deviations from the OWNER's plan described above initiated
by 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 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 work will require an amendment to this Agreement in addition to the Revised
Notice to Owner.
II. LIABILITY FOR WORK
The existing facilities described in Section I above will be relocated at 100% STATE expense in
accordance with Section 703 of The Streets and Highways Code.
Total Estimated Cost ..... ............................... $ 233,000.00
STATE liability @ 100% ............................... $233,000.00
t'd)
`UTILITY AGREEMENT ��on
RW 13 -5 (Rev. 4/2000)
Page 2 of 4
UTILITY AGREEMENT N0.:1652,14 I
III. PERFORMANCE OF WORK -
OWNER agrees to cause the herein described work to be performed by a contract with the lowest
qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or
cause to be furnished all necessary labor, materials, tools and equipment required therefore, and
to prosecute said work diligently to completion.
Pursuant to Public Works Case No 2001 -059. determination by the California Department of
Industrial Relations dated October 25, 2002, work performed by OWNER's contractor is a public
work under the definition of Labor Code section 1720(a) and is therefore subject to prevailing
wage requirements. OWNER shall verify compliance with this requirement in the administration
of its contracts referenced above.
IV. PAYMENT FOR WORK
The STATE shall pay its share of the actual cost of the herein described work within 90 days
after receipt of five (5) copies 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 incurred and charged or allocated to said work in
accordance with the uniform system of accounts prescribed for OWNER by the California
Public Utilities Commission, Federal Energy Regulatory Commission or Federal
Communications Commission, whichever is applicable.
It is understood and agreed that the STATE will not pay for any betterment or increase in
capacity of OWNER's facilities in the new location and that OWNER shall give credit to the
STATE for the "used life" or accumulated depreciation of the replaced facilities and for the
salvage value of any material or parts salvaged and retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit
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, Consent to Common Use or
Joint Use Agreements as required for OWNER's facilities, STATE will provide written notification
:;UTILITY AGREEMENT f f:ont' d) Page 3 of 4
RW 13 -5 (Rev. 4 /2000)
UTILITY AGREEMENT NO.1652.14
to OWNER bf its intent to: close.its•file within 30 days and 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.billfor payimnt:<more than 360 days after notification of completion of
OWNER's work, payment.of the late bill maybe subject to allocation and/or approval by the
California Transportation Commission.
The.final billing, shalhbe 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 solelyas 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.
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. OWNER agrees to comply with Contract Cost Principles and Procedures as set
forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR.
V. GENERAL CONDITIONS
All costs accrued by Owner as a result of STATE's request of September 11, 2007 to review,
study and/or prepare plans and estimates for the project 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 by OWNER, 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 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.
UTILaITY AGREEMENT 'r'ont! d)
RW 1.3 -5 (Rev. 4/2000)
Page 4 of 4;
UTILITY AGREEMENT NO, 1652,14
THE ESTIMATED COST TO STATE FORITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 233,000.00
CERTIFICATION OF FUNDS
EA
I hereby certify upon wn personal, knowledge that budget
period and puipos e e ditu 7e shown
nds are available for the
ELVIA.L PEZ—HQ Accounting Office
$233,000
Date S
ITEM
CHAP
STAT
07
FY
G7
AM664T
$233,000
FUND TYPE
EA
AMOUNT
Right of Way
129659
$233,000
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
City of Rohnert Park
By: By
R. A. MACPHERSON Date Steve Donley, City Manager Date
Deputy District Director
APPROVAL RECOMMENDED:
By:
MARK L. WEAVER Date
District Office Chief,
Right of Way Acquisition and Utility Services
By
SURESH DHARMANI Date
District Branch Chief
CONTRACT FUNDING VERIFIED:
Sign-
x/w •P vQ �� Z Date S// 3 08
g anagement
Distribution: 4 originals to R/W Program Accounting & Analysis
4 originals returned to R/W Planning & Management
REVIEW/REQUEST F ING:
P 7/ 47 rx��
t >EDGAR VELEZ Date `
Utility Coordinator
DESIGNATION
=�Izwnm
MOM
aim
Mull==
CONTRACT FUNDING VERIFIED:
Sign-
x/w •P vQ �� Z Date S// 3 08
g anagement
Distribution: 4 originals to R/W Program Accounting & Analysis
4 originals returned to R/W Planning & Management
REVIEW/REQUEST F ING:
P 7/ 47 rx��
t >EDGAR VELEZ Date `
Utility Coordinator