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Resolution No. 2015-061
RESOLUTION NO. 2015-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A UTILITY AGREEMENT NO. 7UA-13129 BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, FOR RELOCATION OF CITY ELECTRICAL LINES, POLES AND FIXTURES CURRENTLY INHIBITING THE I-710 EXPANSION PROJECT WHEREAS, the City of Vernon ("City") is a chartered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmission, distribution and sale of electric capacity and energy; and WHEREAS, the State of California, acting through the California Department of Transportation ("Caltrans"), proposes to replace the existing Gerald Desmond Bridge creating six new lanes on the I-710 freeway; and WHEREAS, the City owns and maintains existing underground electrical lines, two wood poles with lighting fixtures, and a guy wire in the area of the proposed construction which functions within the boundaries of the State's project schemata, and would require relocation to accommodate the I-710 freeway widening plan; and WHEREAS, by memo dated September 1, 2015, the Director of Gas & Electric has recommended the approval of the Caltrans Utility Agreement No. 7UA-13129 (the "Agreement") in order to receive reimbursement for the for the relocation of City electrical lines, poles and fixtures currently inhibiting the I-710 expansion project in the amount of $18,336.00; and WHEREAS, the City Council of the City of Vernon desires to approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15301(b), because this approval will merely lead to the relocation of existing property, and such construction is, at most, a negligible alteration of the existing fixtures of the City's electric utility. SECTION 3: The City Council of the City of Vernon hereby approves the Utility Agreement No. 7UA-13129 (the "Agreement") with Caltrans, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non -substantive changes to the Agreement attached herein. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or the Deputy City Clerk, to send a fully executed Agreement to Caltrans. - 2 - SECTION 7: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 1st day of September, 2015. ATTEST: .(4. CA.4� 4aria E. 4yala City Clerk / APPROVED AS TO FORM: Brian Byun, Deputy I ty Attorney -.0"Asr4a�Aae Name: W. Michael McCormick Title: Mayor - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E . Ayala City Clerk 1 }�� rl of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2015-61, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, September 1, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this -Pr day of September, 2015, at Vernon, California. (SEAL) Maria E . Ayala City Clerk / - 4 - EXHIBIT A STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION NOTICE TO OWNER RW 13-4 (Rev.9/96) NOTICE TO OWNER REVISED Number 7-12139 -R Dist. County Route KP(PM) E.A. 07 LA 710 PM 21.9/23.1 202121 Federal Aid No.: Owners File: City of Vernon Revision Dated: — This revision is acknowledged and agreed to by Owner referred to By: July 28th, 2015 Freeway: [ ] Yes [ X ] No To: City of Vernon Access Code: 202111 4305 Santa Fe Ave. Vernon, Ca. 90058 Attn. Basem Andranos Because of the State Highway construction project: In Los Angeles County along Route 710, in the City of Vernon at 26b Street and at Bandini Blvd. Which affects your facilities: existing underground electrical line and two (2) wood poles with lighting fixtures( Bandini Blvd) and a down guy on pole # 3101 VP is being relocated to power pole #206660VP . Power pole # 3101 VP will remain. (25th Street) You are hereby ordered to: Relocate your above described facilities per approved relocation plans. Your work schedule shall be as follows: Relocate/ adjust your facilities no later than 10/01/201 5 Notify Richard Lizardi at (213) 897-1028 72 hours prior to initial start of work, and 48 hours plior to subsequent restart when your work schedule is interrupted. Liability for cost of work is 100% STATE. "Existing facilities are located in their present position pursuant to rights prior and superior to those of the STATE and will be relocated at STATE expense. ( i.e. city facilities located on as city street) John Njorog�, /. Office C�ief, Ti U,iillty Reio I way By A \! ' Michel G tes District Utility Coordi \o\ STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT RW 13-5 (REV 12/2012) DISTRICT COUNTY ROUTE POST MILE PROJECT ID 7 Los Angeles 710 PM 21.9/ 23.1 0700020870 FEDERAL AID NUMBER OWNER'S FILE NUMBER FEDERAL PARTICIPATION City of Vernon On the Project Yes ONo On the Utilities D Yes No Owner Payee Datallo _ or Form STD204 is attached D UTILITY AGREEMENT NO. 7UA-13129 DATE The State of California acting by and through the Department of Transportation, hereinafter called "STATE," proposes to replace the existing Gerald Desmond Bridge creating six (6) new lanes (the "Project"). The City of Vernon, 4305 Santa Fe Ave, Vernon, Ca. 90058, hereinafter called "OWNER," owns and maintains existing underground electrical line, two wood poles with lighting fixtures and a guy wire on power pole # 31001 VP (together, the "Facilities"). The Facilities are within the limits of the Project which requires relocation to accommodate the Project. I. WORK TO BE DONE By this agreement (the "Agreement") and in accordance with Notice to Owner No. 7-13129 dated June 4th , 2015 Owner shall relocate the Facilities that are in conflict with the Project's proposed widening of Route 710. All work shall be performed substantially in accordance with Owner's Relocation Plan # D2014-028-CR 01/14/2015 and Relocation Plan # D2014-060-CR 1 both of which , consist of 1 sheet, a copy of which is on file in the District Office of the Department of Transportation at 100 S. Main Street, Los Angeles, California, 90012 (together, the "OWNER's Plan"). Deviations from the OWNER's Plan described above initiated by either the STATE or 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 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. Change in the scope of the 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. "The existing facilities are located in their present position pursuant to rights superior to those of the STATE and will be relocated at STATE expense" Page 1 of 6 UTI LITY AGREEMENT (cont.) RW 13-5 (REV 12/2012) Page 2 of III. PERFORMANCE OF WORK UTILITY AGREEMENT NO. 13129 OWNER agrees to perform the herein described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, 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 'der diem" expenses) will not be allowed without prior written authorization by State's representative. Requests for such authorization must be contained in OWNER'S estimate of actual and necessary relocation costs. Accounting 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 their location 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. 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. STATE agrees to indemnify, hold harmless, and defend, to the maximum extent permitted by law, OWNER, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of OWNER'S performance of the work required by STATE herein, or, any injury caused thereby; or any acts, errors or omissions (including, without limitation, negligence) of STATE, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, STATE and its employees or agents, and members of the general public). IV. PAYMENT FOR WORK The STATE shall pay its share of the actual and necessary cost of the herein described work ..,:a,:., A A., Ao o,.v.-+ icy,.,._. _VnA1rXT1 D1Q :+o-.--A 1.:11 .;__oa 1.., UTI LITY AGREEMENT (cont.) Page 2 of RW 13-5 (REV 12/2012) 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 (if any). 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 UTI LITY AGREEMENT (cont.) RW 13-5 (REV 12/2012) Page 3 of UTILITY AGREEMENT NO. 13129 STATE for the "used life" or accrued 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 progress bills for costs incurred not to exceed OWNER's recorded cost 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 1 above. If the STATE has not received a final bill within 360 days after notification of completion of Owner's work described in Section 1 of this Agreement, and STATE has delivered to OWNER fully executed Director's Easement Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, STATE will provide written notification to OWNER of 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. Ifthe 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 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 1, 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 prior concurrence of the STATE. UTI LITY AGREEMENT (cont.) RW 13-5 (REV 12/2012) Page 4 of UTILITY AGREEMENT NO. 13129 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 48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and/or 18 CFR, Chapter 1, Parts 101,201, et al. 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 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. In such an event, all costs accrued by OWNER as a result of STATE's request of 2/18/2014 to review study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. Furthermore, in such an event, OWNER shall submit a Notice of Completion to the STATE within 60 days of full execution of an Amendment by the parties terminating the Agreement. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated in this Agreement by _reference; provided, however that the provisions of any agreements entered into between the STATE and the OWNER pursuant to State law for apportioning the obligations and costs to be borne by each, or the use of accounting procedures prescribed by the applicable Federal or State regulatory body and approved by the Federal Highway Administration, shall govern in lieu of the requirements of said 23 CFR 645. STATE will acquire new rights of way in the name of either the STATE or OWNER through negotiation or condemnation and when acquired in STATE's name shall convey same to OWNER by Director's Easement Deed. Where the OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on STATE highway right of way, Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. UTI LITY AGREEMENT (cont.) RW 13-5 (REV 12/2012) Page 5 of UTILITY AGREEMENT NO. 13129 Upon completion of the work to be done by STATE in accordance with the above -mentioned plans and specification, the new facilities shall become the property of OWNER, and OWNER shall have the same rights in the new location that it had in the old location. "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 21 st Century (MAP-21), section 1518; 23 CFR 635.410 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." IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. STATE: DEPARTMENT OF TRANSPORTATION By Name MICHELE GRAYES Title District Utility Coordinator Senior Right of Way Agent APPROVAL RECOMMENDED: By Name Robert W. Crisp, JD Date Title Utility Coordinator Associate Right of Way Agent OWNER: By Date Name Title Date UTI LITY AGREEMENT (cont.) RW 13-5(REV 1212012) Page 6 of UTILITY AGREEMENT NO. 13129 THIS AGREEMENT SHALLNOTBEEXECUTED BYTHE STATE OFCALIFORNIA — DEPARTMENT OF TRANSPORTATION UNTIL FUNDS ARE CERTIFIED. CT DOCUMENT EVENT TYPE DEPT UNIT PROJECT ID PHASE REPORTING OBJCODE (N) BFY AMOUNT C401 2660 9 C401 2660 9 C401 2660 9 PROJECT ID FUNDING VERIFIED Sim:> Print> Date R/W Planning and Management REVIEW/REQUEST FUNDING: Sign> Robert W . Crisp DATE Utility Coordinator THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $18,336.00 A 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 Management Date ITEM CHAP STAT FY AMOUNT Distribution: 2 originals to R/W Accounting 1 original to Utility Owner 1 original to Utility File FUNDTYPE PROJECTID AMOUNT Design Funds $ Construction Funds $ RW Funds $18,336.00 PARTIALLY EXECUTED CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: F->t-FP P-T"t\1T z2f-- CONTRACT PURPOSE: I.00R T1yN ©F --- 1 i y TH t✓ tZO U TC 710 GiJ/yC—n/, /VL- PP-O E= CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) j� SERVICES ❑ MATERIALS ❑ BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ I 5y Cp Charge Acct. No(s) Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: ��SM ANT��vJV� PHONE: ext. 21-7 AUTHORIZATION: Approved by Council on 0/1 I15 (Check One) Resolution No��i� (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation ❑Amendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of ?.� r/ t e / 5 contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims \� Approves insurance and sureties, if bonds required (3) Finance (Purchasing) I Checks compliance with Competitive Bidding & Living 'Wage Ordinanmes and reflected in current budget �, �G� �U ,cam (4) City Attorney < \ `� Approves contract as to form, verifies bonds and insurance included (5) City Signatory I / Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor, notifies IT to remove related RFP/bid notice, notifies any "consultant" of duties to file Form 700, if applicable Rev. 1/27/14 TRANSMITTAL COMMUNICATION CITY CLEAR' a OFFICE INTEROFFICE mmoRANDum DATE: November 19, 2015 TO: Carlos Fandino, Director of Vernon Gas & Electric FROM: Deborah Juarez, Records Management Assistant RE: Approval and Authorization to Execute Utility Agreement No. 7UA-13129 with the California Department of Transportation (Caltrans) to Relocate City Facilities to Accommodate the 1-710 Freeway Widening Project Please find attached for your transmittal four executed original agreements for certification of funds, approved by City Council on September 1, 2015. Upon certification, please ensure that a fully executed original agreement is returnedtothis office. Thank you. Attachments c: Basem Andrawos Ali Nour Resolution No. 2015-61 Agreement 15-085 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 1 of 6 ' UTILITY AGREEMENT RW 13-5 (REV 122012) DISTRICT COUNTY ROUTE POST MILE PROJECT ID 7 Los Angeles 710 PM 21.9/ 23.1 0700020870 FEDERAL AID NUMBER OWNER'S FILE NUMBER 7101(810) City of Vernon FEDERAL PARTICIPATION On the Project ® Yes ❑ No On the Utilities ® Yes ❑ No Owner Payee Data No. or Form STD 204 is attached ❑ UTILITY AGREEMENT NO. 7UA-13129 DATE The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes Long Life pavement and Widen Bridges (the `Project"). The City of Vernon 4305 Santa Fe Ave, Vernon, Ca. 90058, hereinafter called "OWNER," owns alld maintains existing underground electrical line, two wood poles with lighting fixtures and a guy wire on power pole # 31001 VP (together, the "Facilities"). These facilities are within the limits of Project which requires relocation to accommodate the Project. I. WORK TO BE DONE By this, agreement (the "Agreement") and in accordance with Notice to Owner No. 7-13129 dated June 4a' , 2015 Owner shall relocate the Facilities that are in conflict with the Project's proposed widening of Route 710 All work shall be performed substantially in accordance with Owner's Relocation Plan # 1)2014-028wCR 01/14/2015 and Relocation Plan #D2014-060-CR 1 both of which, (together, the "OWNER's Plan"), consist of 1 sheet, a copy of which is on file in the District Office of the Department of Transportation at 100 S. Main Street, Los Angeles, California, 90012. Deviations from the OWNER's plan described above initiated by either the STATE or 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. Change in the scope of the 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. " The existing facilities are located in their present position pursuant to rights superior to those of the STATE and will be relocated at STATE expense a UTI LITY AGREEMENT (cont.) Page 2 of I Rw 13-5 (REV 1=012) i i UTILITY AGREEMENT NO. 13129 III. PERFORMANCE OF WORK OWNER agrees to perform the herein described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, 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 authorization must be contained in OWNER's estimate of actual and necessary relocation costs. Accounting 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 their location 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. 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. State agrees to defend, indemnify and hold harmless Owner for any and all claims, damages or liability arising from or in connection with State's performance under this Agreement. Claims, damages or liability for bodily injury and/or death and damage to property asserted against the State will be determined in accordance with the provisions of the California Tort Claims Act. Owner agrees to defend, indemnify and hold harmless State for any and all claims, damages or liability arising from or in connection with Owner's performance under this Agreement. Claims, damages or liability for bodily injury and/or death and damage to property asserted against'` Owner will be determined in accordance with the provisions of the California Tort Claims Act. IV. PAYMENT FOR WORK The STATE shall pay its share of the actual and necessary cost of the herein described work within 45 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 UTI LITY AGREEMENT (coat.) Page 3 of I RW 13-5 (REV 12/2012) IUTILITY AGREEMENT NO.13129 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 accrued 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 progress bills for costs incurred not to exceed OWNER's recorded cost 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 STATEof 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 1 above. If the STATE has not received a final bill within 360 days after notification of completion of Owner's work described in Section 1 of this Agreement, and STATE has delivered to OWNER fully executed Director's Easement Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, STATE will provide written notification to OWNER of 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 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 .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 1, 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. UTI LITY AGREEMENT (conQ RW 13-5,(REV 12/2012) Page 4 of 1 UTILITY AGREEMENT NO. 13129 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 prior concurrence of the 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 48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and/or 18 CFR, Chapter 1, Parts 101,201, et al. 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 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. In such an event , all costs accrued by OWNER as a result of STATE's request of 2/18/2014 to review study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. 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 in this Agreement by reference; provided, however that the provisions of any agreements entered into between the STATE and the OWNER pursuant to State law for apportioning the obligations and costs to be borne by each, or the use of accounting procedures prescribed by the applicable ' Federal or State regulatory body and approved by the Federal Highway Administration, shall govern in lieu of the requirements of said 23 CR 645. STATE will acquire new rights of way in the name of either the STATE or OWNER through negotiation or condemnation and when acquired in STATE's name shall convey same to OWNER by Director's Easement Deed. UTI LITY AGREEMENT (cont.) Page 5 of t RW t3-5 (REV 12/2012) UTILITY AGREEMENT NO. 13129 Where the OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on STATE highway right of way, Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. Upon completion of the work to be done by STATE in accordance with the above -mentioned plans and specification, the new facilities shall become the property of OWNER, and OWNER shall have the same rights in the new location that it had in the old location. OWNER agrees to comply and to require its contractors to comply with the "Buy America" requirements set forth in the Intermodal Surface Transportation Efficiency Act of 1991(ISTEA) Sections 1041(a) and 1048(a), 23 U.S.C. 313 and 23 C.F.R. Part 635.410, which are incorporated into this Agreement by reference, and which require that all steel and iron products, and their coatings, used in FHWA-funded projects are produced in the United States, unless a waiver has been granted by FHWA or the product is subject to a general waiver. OWNER shall indemnify and defend Caltrans for any claims or liability arising out of the OWNER's failure to comply with the "Buy America!' requirement." If the Utility Agreement is funded with non -Federal funds, (e.g. State -only funds) the "Buy America" 'requirements do not apply and the above clauses are not applicable. However, utility work that is accomplished through utility agreements that do not comply with the Buy America requirements (as specified in 23 U.S.C. 313 and 23 CFR 635.410) cannot be used to meet the non -Federal share of costs for a project that uses Federal -aid funding. IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year abov ritt S ATEFDE S TA ! 1 OWNER: Br By „_, Y NameS Date Name �.�!• Date Titleinator Title 4C�j Agent APPROED: TTES 'M4. ByMari4 E. AY a , G, ty Clerk - Name Rob rt W. Crisp, ID D to I APPROVF.D AST FORIO: Title Utility Coordinator Associate Right of Way Agent Brian Byun, Depu V City Attorney . . 1. . .a �. .' �.� �'.. � PROJECT ID FUNDING VERIFIED Sign> Prinb Date R/W Planning and Management REV /REQUEST FUNDING: Si Roblert nsp D TE Utility Coordinator THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $18,336.00 A { 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 Management Date rTEM CHAP STAT FY AMOUNT Distribution: 2 originals to R/W Accounting 1 original to Utility Owner I original to Utility File FUND TYPE PROJECT ID AMOUNT Design Funds $ Construction Funds $ RW Funds $18,336.00 FULLY EXECUTED AGREEMENT STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 1 of 6 UTILITY AGREEMENT RW 13-5 (REV (2/2012) DISTRICT COUNTY ROUTE POST MILE PROJECT ID P 7 Los Angeles 710 PM 21.9123.1 0700020870 FEDERAL AID NUMBER OWNER'S FILE NUMBER 7101(810) City of Vernon FEDERAL PARTICIPATION On the Project ® Yes ❑ No On the Utilities ® Yes [:]No , Owner Payee Data No. _ ( Lc, `C % f` f� "'< 5 `� 1or Form STD 204 is attached ❑ UTILITY AGREEMENT NO. 7UA-13129 DATE The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes Long Life pavement and Widen Bridges (the -Project')_ The City of Vernon 4305 Santa Fe Ave, Vernon, Ca. 90058, hereinafter called "OWNER," owns and maintains existing underground electrical line, two wood poles with lighting fixtures and a guy wire on power pole # 31001 VP (together, the -Facilities'). These facilities are within the limits of Project which requires relocation to accommodate the Project. 1. WORK TO BE DONE By this agreement (the "Agreement") and in accordance with Notice to Owner No. 7-13129 dated June 4`h , 2015 Owner shall relocate the Facilities that are in conflict with the Project's proposed widening of Route 710. All work shall be performed substantially in accordance with Owner's Relocation Plan # D2014-028-CR 01/14/2015 and Relocation Plan # D2014-060-CR 1 both of which, (together, the -0WkNER's Plan"), consist of 1 sheet, a copy of which is on file in the District Office of the Department of Transportation at 100 S. Main Street, Los Angeles, California, 90012. Deviations from the OWNER's plan described above initiated by either the STATE or 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. Change in the scope of the 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. " The existing facilities are located in their present position pursuant to rights superior to those of the STATE and will be relocated at STATE expense" UTI LITY AGREEMENT (coat.) RW 13-5 (REV 12/2012) Page 2 of i III. PERFORMANCE OF WORK UTILITY AGREEMENT NO. 13129 OWNER agrees to perform the herein described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, 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 authorization must be contained in OWNER's estimate of actual and necessary relocation costs. Accounting 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 their location 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. 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. State agrees to defend, indemnify and hold harmless Owner for any and all claims, damages or liability arising from or in connection with State's performance under this Agreement. Claims, damages or liability for bodily injury and/or death and damage to property asserted against the State will be determined in accordance with the provisions of the California Tort Claims Act. Owner agrees to defend, indemnify and hold harmless State for any and all claims, damages or liability arising from or in connection with Owner's performance under this Agreement. Claims, damages or liability for bodily injury and/or death and damage to property asserted against Owner will be determined in accordance with the provisions of the California Tort Claims Act. IV. PAYMENT FOR WORK The STATE shall pay its share of the actual and necessary cost of the herein described work within 45 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 UTI LITY AGREEMENT (cont.) RW 13-5 (REV 112012) Page 3 of i UTILITY AGREEMENT NO. 13129 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 accrued 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 progress bills for costs incurred not to exceed OWNER's recorded cost 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 1 above. if the STATE has not received a final bill within 360 days after notification of completion of Owner's work described in Section 1 of this Agreement, and STATE has delivered to OWNER fully executed Director's Easement Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, STATE will provide written notification to OWNER of 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 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 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 1, 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. UTI LITY AGREEMENT (coat.) RW 13-5 (REV 122012) Page 4 of i UTILITY AGREEMENT NO. 13129 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 prior concurrence of the 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 48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and/or 18 CFR, Chapter 1, Parts 101,201, et al. 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 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. In such an event , all costs accrued by OWNER as a result of STATE's request of 2/18/2014 to review study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. 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 in this Agreement by reference; provided, however that the provisions of any agreements entered into between the STATE and the OWNER pursuant to State law for apportioning the obligations and costs to be borne by each, or the use of accounting procedures prescribed by the applicable Federal or State regulatory body and approved by the Federal Highway Administration, shall govern in lieu of the requirements of said 23 CR 645. STATE will acquire new rights of way in the name of either the STATE or OWNER through negotiation or condemnation and when acquired in STATE's name shall convey same to OWNER by Director's Easement Deed. UTI LITY AGREEMENT (coot.) RW 13-5 (REV 12/2012) Page 5 of t UTILITY AGREEMENT NO. 13129 Where the OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on STATE highway right of way, Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. Upon completion of the work to be done by STATE in accordance with the above -mentioned plans and specification, the new facilities shall become the property of OWNER, and OWNER shall have the same rights in the new location that it had in the old location. OWNER agrees to comply and to require its contractors to comply with the "Buy America" requirements set forth in the Intermodal Surface Transportation Efficiency Act of 1991(ISTEA) Sections 1041(a) and 1048(a), 23 U.S.C. 313 and 23 C.F.R. Part 635.410, which are incorporated into this Agreement by reference, and which require that all steel and iron products, and their coatings, used in FHWA-funded projects are produced in the United States, unless a waiver has been granted by FHWA or the product is subject to a general waiver. OWNER shall indemnify and defend Caltrans for any claims or liability arising out of the OWNER's failure to comply with the `Buy America" requirement." If the Utility Agreement is funded with non -Federal funds, (e.g. State -only funds) the "Buy America" requirements do not apply and the above clauses are not applicable. However, utility work that is accomplished through utility agreements that do not comply with the Buy America requirements (as specified in 23 U.S.C. 313 and 23 CFR 635.410) cannot be used to meet the non -Federal share of costs for a project that uses Federal -aid funding. IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above wr- to STATE PA* df; -r�S�ORTATION OWNER: By N- tart By` 1i ) I I r Name. MI E V sr Date _ Name kX5 V O` Date Title, Dist ct Utility Coordinator Title 4 04el lz_ Seni r Right of Way Agent ' ----ATTEST: APPR4A FCOMMENDED: / Mari E. Aya , City Clerk By Name Robert W. Crisp, JD Dat APPROVED AS TO FORM Title Utility Coordinatork,4� Associate Right of Way Agent Brian Byldn, Deputy V ty Attorney UTILITY AGREEMENT (coat.) RW 13-5 (REV 1112012) Pages of6 UTILITY AGREEMENT NO. 13129 - — - -_ THIS AGREEMENT SHALL NOT BE EXECUTED BY THE STATE OF CALIFORNIA - i DEPARTMENT OF TRANSPORTATION UNTIL FUNDS ARE CERTIFIED. _u CT DOCUMENT EVENT TYPE DEPT UNIT PROJECT ID PHASE REPORTING -T OBJ CODE ! (ti) BFY AMOUNT �i j�8f3�L/ C401 2660 �c� 67k 9 6 Al les3 367. 00 C401 2660 9 C401 1 2660 9 PROJECT ID FUNDING VERIFIkpRFV _ 1/REQUEST Ft:ND[N(G: t `M� �-1 .j t - Si AX , "Z_ ring ` Datr ( RobedC56sp DATE R/W Planning and Management Utility Coordinator THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $53,367.00 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are avail4ble for.the penod, and purpose of the expenditure shown here r Planning an ; lanagge ent l5ate ITEM ICHAP STAT FY AMOUNT 1*44 :302 21 7. FUND TYPE PROJECT ID AtvIOUNT Design Funds Construction Funds RW Funds $53,367.00 Distribution: 2 originals to 1;U"W Accounting 1 original to Utility Owner I original to Utility File Z R�ac,� ., c STAFF REPORT 1177CEIVE® REC:EW17,10 AILIG 2 5 2LI15 AUG 2 6 2015 CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: September 1, 2015 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric Department Originator: Ali Nour, Utilities Engineering Manager RE: Request for Approval and Authorization of Utility Agreement No. 7UA-13129 by and between the City of Vernon and the Department of Transportation Recommendation A. Find that the approval of Utility Agreement No. 7UA-13129 with the Department of Transportation is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301(b), because this approval will merely lead to the relocation of existing property, and such construction is, at most, a negligible alteration of the existing fixtures of the City's electric utility; and B. Approve the resolution to thereby permit the execution of a Utility Agreement No. 7UA- 13129 with the Department of Transportation (DOT), in substantially the same form submitted herewith, for relocation of City electrical lines, poles and fixtures currently inhibiting the I-710 expansion project. Background The State of California Department of Transportation proposes to replace the existing Gerald Desmond Bridge creating six new lanes on the I-710 freeway. The City of Vernon owns and maintains existing underground electrical lines, two wood poles with lighting fixtures, and a guy wire in the area of proposed construction. This City property, which functions within the boundaries of the State's project schemata, requires relocation to accommodate the I-710 freeway widening plan. The roadway rehabilitation will result in better ride quality, enhance safety, and will reduce the need for maintenance. For example, the existing median barriers will be upgraded to concrete barriers which will, therefore, reduce the risk of vehicular crossovers. Additionally, construction of maintenance pullouts will reduce exposure of maintenance personnel to traffic, thereby enhancing safety. The relocation of the City property, per the DOT project plan, will provide Page 1 of 2 long-term benefits for the City, Department of Transportation, and local constituents and commuters alike. The DOT has provided staff with an agreement which will enable their organization to compensate the City of Vernon for the services required to relocate the fixtures noted within this staff report. Upon completion of the necessary work by City crews, a detailed invoice will be prepared that is aligned with the parameters dictated by the DOT. Staff will then proceed with the submission of said invoice to the DOT for expense reimbursement. Fiscal Impact The estimated cost to relocate City's facilities to accommodate the I-710 freeway widening project is $18,336, an expense which will be fully refunded by the State. Attachment(s) 1. State of California Department of Transportation Utility Agreement No. 7UA-13129 Page 2 of 2 STATE OF CALIFORNW .DEPARTMENT OF TRANSPORTATION NOTICE TO OWNER RW 13-4 (Rev.9/96) NOTICE TO OWNER REVISED Number 7-12139 -R Dist. County Route KP(PM) E.A. 07 LA 710 PM 21.9/23.1 202121 Federal Aid No.: Owners File: City of Vernon Revision Dated:. — This revision is acknowledged and agreed to by Owner referred to By: July 28th, 2015 Freeway: [ ] Yes [ X ] No To: City of Vernon Access Code: 202111 4305 Santa Fe Ave. Vernon, Ca. 90058 Attn. Basem Andranos Because of the State Highway construction project: In Los Angeles County along Route 710, in the City of Vernon at 26', Street and at Bandini Blvd. Which affects your facilities: existing underground electrical line and two (2) wood poles with lighting fixtures( Bandini Blvd) and a down guy on pole # 3101 VP is being relocated to power pole #206660VP . Power pole # 3101 VP will remain. (25th Street) You are hereby ordered to: Relocate your above described facilities per approved relocation plans. Your work schedule shall be as follows: Relocate/ adjust your facilities no later than 10/0 1/2015 Notify Richard Lizardi at (213) 897-1028 72 hours prior to initial start of work, and 48 hours plior to subsequent restart when your work schedule is interrupted. Liability for cost of work is 100% STATE. "Existing facilities are located in their present position pursuant to rights prior and superior to those of the STATE and will be relocated at STATE expense. ( i.e. city facilities located on as city street) John Njorog1, Office ief, Ti tJ,iility Reio way By \ \i ' / Michel G tes District Utility Coordi \o\ STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT RW 13-5 (REV 12/2012) DISTRICT COUNTY ROUTE POST MILE PROJECT ID 7 Los Angeles 710 PM 21.9/ 23.1 0700020870 FEDERAL AID NUMBER OWNER'S FILE NUMBER FEDERAL PARTICIPATION City of Vernon On the Project Yes ONo On the Utilities D Yes No Owner Payee Datallo - orForm STD204 is attached D UTILITY AGREEMENT NO. _ 7UA-13129 DATE The State of California acting by and through the Department of Transportation, hereinafter called "STATE," proposes to replace the existing Gerald Desmond Bridge creating six (6) new lanes (the "Project"). The City of Vernon, 4305 Santa Fe Ave, Vernon, Ca. 90058, hereinafter called "OWNER," owns and maintains existing underground electrical line, two wood poles with lighting fixtures and a guy wire on power pole # 31001 VP (together, the "Facilities"). The Facilities are within the limits of the Project which requires relocation to accommodate the Project. I. WORK TO BE DONE By this agreement (the "Agreement") and in accordance with Notice to Owner No. 7-13129 dated June 4th , 2015 Owner shall relocate the Facilities that are in conflict with the Project's proposed widening of Route 710. All work shall be performed substantially in accordance with Owner's Relocation Plan # D2014-028-CR 01/14/2015 and Relocation Plan # D2014-060-CR 1 both of which , consist of 1 sheet, a copy of which is on file in the District Office of the Department of Transportation at 100 S. Main Street, Los Angeles, California, 90012 (together, the "OWNER's Plan"). Deviations from the OWNER's Plan described above initiated by either the STATE or 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 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. Change in the scope of the 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. "The existing facilities are located in their present position pursuant to rights superior to those of the STATE and will be relocated at STATE expense" Page I of 6 UTI LITY AGREEMENT (cont.) RW 13-5(REV 12/2012) Page 2 of III. PERFORMANCE OF WORK UTILITY AGREEMENT NO. 13129 OWNER agrees to perform the herein described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, 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 authorization must be contained in OWNER's estimate of actual and necessary relocation costs. Accounting 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 their location 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. 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 apublic 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. STATE agrees to indemnify, hold harmless, and defend, to the maximum extent permitted by law, OWNER, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of OWNER's performance of the work required by STATE herein, or, any injury caused thereby; or any acts, errors or omissions (including, without limitation, negligence) of STATE, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, STATE and its employees or agents, and members of the general public). IV. PAYMENT FOR WORK The STATE shall pay its share of the actual and necessary cost of the herein described work n c A ,,, Ao. -P nAlTATUT)IQ ;ro.,,:- -A 1,:11 UTI LITY AGREEMENT (cont.) Page 2 of RW 13-5 (REV 12/2012) 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 (if any). 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 UTI LITY AGREEMENT (cont.) RW 13-5 (REV 12/2012) Page 3 of UTILITY AGREEMENT NO. 13129 STATE for the "used life" or accrued 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 progress bills for costs incurred not to exceed OWNER's recorded cost 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 1 above. If the STATE has not received a final bill within 360 days after notification of completion of Owner's work described in Section 1 of this Agreement, and STATE has delivered to OWNER fully executed Director's Easement Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, STATE will provide written notification to OWNER of 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. Ifthe 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 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 1, 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 prior concurrence of the STATE. UTI LITY AGREEMENT (cont.) RW 13-5 (REV 12/2012) Page 4 of UTILITY AGREEMENT NO. 13129 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 48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and/or 18 CFR, Chapter 1, Parts 101,201, et al. 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 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. In such an event, all costs accrued by OWNER as a result of STATE's request of 2/18/2014 to review study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. Furthermore, in such an event, OWNER shall submit a Notice of Completion to the STATE within 60 days of full execution of an Amendment by the parties terminating the Agreement. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated in this Agreement by _reference; provided, however that the provisions of any agreements entered into between the STATE and the OWNER pursuant to State law for apportioning the obligations and costs to be borne by each, or the use of accounting procedures prescribed by the applicable Federal or State regulatory body and approved by the Federal Highway Administration, shall govern in lieu of the requirements of said 23 CFR 645. STATE will acquire new rights of way in the name of either the STATE or OWNER through negotiation or condemnation and when acquired in STATE's name shall convey same to OWNER by Director's Easement Deed. Where the OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on STATE highway right of way, Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. UTI LITY AGREEMENT (cont.) RW 13-5 (REV 12/2012) Page 5 of UTILITY AGREEMENT NO. 13129 Upon completion of the work to be done by STATE in accordance with the above -mentioned plans and specification, the new facilities shall become the property of OWNER, and OWNER shall have the same rights in the new location that it had in the old location. "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 21 st Century (MAP-21), section 1518; 23 CFR 635.410 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." IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. STATE: DEPARTMENT OF TRANSPORTATION OWNER: By By Name MICHELE GRAYES Date Name Title District Utility Coordinator Title Senior Right of Way Agent APPROVAL RECOMMENDED: By Name Robert W. Crisp, JD Date Title Utility Coordinator Associate Right of Way Agent Date UTI LITY AGREEMENT (cont.) RW 13-5 (REV 1212012) Page 6 of UTILITY AGREEMENT NO. 13129 THISAGREEMENT SHALLNOT BE EXECUTED BYTHE STATE OFCALIFORNIA - DEPARTMENT OF TRANSPORTATION UNTIL FUNDS ARE CERTIFIED. CT DOCUMENT EVENT TYPE DEPT UNIT PROJECT ID PHASE REPORTING OBJ CODE (N) BFY AMOUNT C401 2660 9 C401 2660 9 C401 2660 9 PROJECT ID FUNDING VERIFIED REVIEW/REQUEST FUNDING: Sim:> Sign> Print> Date Robert W . Crisp DATE RAN Planning and Management Utility Coordinator THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $18,336.00 A 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 Management Date ITEM CHAP STAT FY AMOUNT Distribution: 2 originals to R/W Accounting I original to Utility Owner 1 original to Utility File FUNDTYPE PROJECTID AMOUNT Design Funds $ Construction Funds $ RW Funds $18,336.00