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HomeMy WebLinkAboutItem No. 07 Frontier California, Inc. Utility Agreement for Temescal Canyon Rd BridgeCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: TMP 19-959 Agenda Date: 6/22/2021 Status: PassedVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 7) Frontier California, Inc. Utility Agreement for Temescal Canyon Road Bridge Project Approve and Authorize the City Manager to execute a Utility Agreement for Frontier California, Inc . (Frontier) to perform utility relocation of its facilities as part of the Temescal Canyon Road Bridge project. Page 1 City of Lake Elsinore Printed on 12/29/2023 Page 1 of 2 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared By: Remon Habib, City Engineer Date: June 22, 2021 Subject: Frontier California, Inc. Utility Agreement for Temescal Canyon Road Bridge Project Recommendation Approve and Authorize the City Manager to execute a Utility Agreement for Frontier California, Inc. (Frontier) to perform utility relocation of its facilities as part of the Temescal Canyon Road Bridge project. Background The existing Temescal Canyon Road Bridge over Temescal Wash has been rated as Functionally Obsolete with a low sufficiency rating by Caltrans. The Bridge is also severely undersized to handle storm flows. As a result, Temescal Canyon Road westerly of Lake Street is subject to constant flooding and road closure. The City initiated the Planning Approval and Environmental Document (PA&ED) phase to determine the best roadway and bridge alignment back in February 2015, after securing Federal Highway Bridge Program Funding (HBP) and Transportation Uniform Mitigation Fee (TUMF) contribution toward this project. The PA&ED phase of this project has been completed and CEQA/NEPA clearance was received on July 11, 2018. Currently, the project is in the Plans, Specifications, and Estimate (PS&E) phase to complete the environmental permitting and design of the bridge. Discussion Due to the realignment of the Temescal Canyon Road Bridge, Frontier facilities will be impacted by the planned construction of the Temescal Canyon Bridge project. Frontier facilities are required to be relocated to accommodate the project. Frontier has opted to carry out the relocation work and the relocation work will be performed before the project’s construction phase. The City’s obligation in the relocation cost is $36,600, which corresponds to relocating utilities not currently located within City’s existing ROW. Page 2 of 2 Fiscal Impact This work will not have an impact on the General Fund. The utility relocation work will result in a cost of $36,600 and will be funded by TUMF. Exhibits A – Utility Agreement CITY OF LAKE ELSINORE Page 1 of 6 UTILITY AGREEMENT DISTRICT COUNTY ROUTE POST MILE PROJECT ID 08 Riverside Temescal Canyon Road STA 66+00 to STA 79+00 N/A FEDERAL AID NUMBER OWNERS FILE NUMBER BRLO-5074 (015) 70042-5255812 FEDERAL PARTICIPATION / FEDERALLY ELIGIBLE / NEPA DOCUMENT On the Project Yes No On the Utilities Yes No Owner Payee Data No. ______________ or Form STD 204 is attached UTILITY AGREEMENT NO. ________ DATE: ____________ The City of Lake Elsinore, hereinafter referred to as “LOCAL AGENCY”, intends to construct a new bridge over Temescal Wash in the City of Lake Elsinore. The new bridge will connect to a 696-foot long realigned roadway that will extend from 200 feet south of the bridge to Lake Street approximately 180 feet south of the current intersection. Frontier California, Inc. 9 South 4th Street Redlands, CA 92373 Hereinafter referred to as “OWNER”, owns and maintains Communication facilities, within the limits of the LOCAL AGENCY Project that requires relocation of said facilities to accommodate LOCAL AGENCY’s project. It is hereby mutually agreed that: I. WORK TO BE DONE: In accordance with Notice to Owner dated July 10, 2019, OWNER shall relocate their facilities to accommodate the project. All work shall be performed substantially in accordance with OWNER's Plan No. 70042-5255812 dated December 16, 2019, consisting of 5 sheets, a copy of which is on file in the Office of the LOCAL AGENCY at 130 South Main Street, Lake Elsinore, CA 92530. Deviations from the OWNER’s plan described above initiated by either the LOCAL AGENCY 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 LOCAL AGENCY 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 the work will require an amendment to this Agreement in addition to the revised Notice to Owner. CITY OF LAKE ELSINORE Page 2 of 6 UTILITY AGREEMENT II. LIABILITY FOR WORK: The existing facilities are located in their present position pursuant to prescriptive rights prior and superior to those of the LOCAL AGENCY and will be relocated at LOCAL AGENCY’s expense.” 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. 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; but, work performed directly by Owner’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV. PAYMENT FOR WORK: The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 90 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 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 (PUC) or Federal Communications Commission (FCC), whichever is applicable. It is understood and agreed that the LOCAL AGENCY 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 LOCAL AGENCY for the 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 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 LOCAL CITY OF LAKE ELSINORE Page 3 of 6 UTILITY AGREEMENT AGENCY 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 LOCAL AGENCY within 180 days after the completion of the work described in Section I above. If the LOCAL AGENCY has not received a final bill within 180 days after notification of completion of OWNER’s work described in Section I of this Agreement, and LOCAL AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER’s facilities; LOCAL AGENCY 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. 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 LOCAL AGENCY 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 LOCAL AGENCY. Except, if the final bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In 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 OWNERS 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 LOCAL AGENCY. 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 in accordance with Contract Cost Principals and Procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31 by LOCAL AGENCY and/or Federal Auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement. CITY OF LAKE ELSINORE Page 4 of 6 UTILITY AGREEMENT V. GENERAL CONDITIONS: All costs accrued by OWNER as a result of LOCAL AGENCY's request of 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. If LOCAL AGENCY’s project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing, and LOCAL AGENCY 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 LPA under the terms of this Agreement are subject to the acceptance of the Agreement by LPA Board of Directors or the Delegated Authority (as applicable), the passage of the annual Budget Act by the State Legislature, and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of the completion of the work described herein. LOCAL AGENCY will acquire new rights of way in the name of either the LOCAL AGENCY or OWNER through negotiation or condemnation and when acquired in LOCAL AGENCY's name, shall convey same to OWNER by Easement Deed. LOCAL AGENCY's liability for such rights of way will be at the proration shown for relocation work involved under this Agreement. OWNER shall reimburse the LOCAL AGENCY all costs for the easement. 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. Owner understands and acknowledges that this project is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance. OWNER hereby certifies that in the performance of this Agreement, for products where BA 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 BA 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 BA requirements for utility relocations issued on December 3, 2013. It is understood that said right of way is a Federal aid highway and, accordingly, 23 CFR 645 and 23 U.S.C. 313, as applicable, is hereby incorporated into this Agreement by reference. However, OWNER represents and warrants that the non- domestic iron and steel materials used on this relocation do not exceed one-tenth of CITY OF LAKE ELSINORE Page 5 of 6 UTILITY AGREEMENT one percent (<0.1%) of this Utility Agreement amount, or $2,500, whichever is greater. If, in connection with OWNER’s performance of the Work hereunder, LOCAL AGENCY provides to OWNER any materials that are subject to the Buy America Rule, LOCAL AGENCY acknowledges and agrees that LOCAL AGENCY shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided (including, but not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule). LOCAL AGENCY further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, “Guidance”) issued by LOCAL AGENCY and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Not withstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER’s actions are in compliance with the Guidance. THE ESTIMATED COST TO THE CITY OF LAKE ELSINORE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS AS FOLLOWS: Consisting of Design funds: $ 3,500 Consisting of Construction funds: $ 31,600 Consisting of Right of Way funds: $ 1,500 Total $ 36,600 CITY OF LAKE ELSINORE Page 6 of 6 UTILITY AGREEMENT IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the day and year above written. CITY OF LAKE ELSINORE: FRONTIER COMMUNICATION: By By Name Date Name Date Title Title APPROVAL RECOMMENDED: By By Name Date Name Date Title Title