Local Assistance Procedures Manual EXHIBIT 14-F
Utility Agreements
Exhibit 14-F Utility Agreements
UTILITY AGREEMENTS
(___________________________)
UTILITY AGREEMENT
County Route P.M. Project #
Fed. Aid. No.
Owner's File
FEDERAL PARTICIPATION: On the Project : Yes No
On the Utilities: Yes No
UTILITY AGREEMENT NO.
The ___________________ hereinafter called "LOCAL AGENCY" proposes to (_______________________________________________ on ___ , in __________ City/Town, ___________________ County, California.
And:_____________
hereinafter called "OWNER," owns and maintains _________________ facilities; within the limits of LOCAL AGENCY’s project that requires relocation of said facilities to accommodate LOCAL AGENCY’s project.
It is hereby mutually agreed that:
I. WORK TO BE DONE:
II. LIABILITY FOR WORK
III. PERFORMANCE OF WORK
IV. PAYMENT FOR WORK
LPP 07-04 September 28, 2007 EXHIBIT 14-F Local Assistance Procedures Manual Utility Agreements
V. GENERAL CONDITIONS
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
LOCAL AGENCY (OWNER)
By: By:
(Name) (Name)
Local Agency Director (Title)
Date: Date:
Distribution: 1) Owner, 2) Utility Coordinator, 3) DLAE –File, 4) District Utility Coordinator – File 1 Exhibit 14-G
UTILITY AGREEMENT CLAUSES BETWEEN THE CITY OF
DIAMOND BAR (LOCAL AGENCY) AND WALNUT VALLEY
WATER DISTRICT (OWNER) FOR THE DIAMOND BAR
BOULEVARD COMPLETE STREET PROJECT
Section I. Work to be Done
I-1. Work Performed by Owner per Owner's Plan:
In accordance with LOCAL AGENCY Notice to Owner No. 1 dated June 3, 2024, on which date the OWNER also received the submittal from LOCAL AGENCY concerning the required relocation OWNER shall prepare plans and specifications to adjust the existing fire hydrants, valves, air release valves, and meters to grade as well as relocation of fire hydrants and air release valves within the Complete Street project in the City of Diamond Bar.
All work shall be performed substantially in accordance with OWNER's Plan, under development, a copy of which will be on file in the Office of the LOCAL AGENCY at the Public Works Department.
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.
I-2. Preliminary Engineering by Utility Owner:
In accordance with Notice to Owner No.1, dated June 3, 2024, OWNER shall prepare their adjustment and relocation plans.
Section II. Liability for Work
II-1. Local Agency's Expense - Superior Rights:
2 Existing facilities are located in their present position pursuant to rights superior to those of the LOCAL AGENCY and will be relocated at LOCAL AGENCY’s expense.
Section III. Performance of Work
III-1. Owner's Forces or Continuing Contractor Performs 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.
III-2. Owner Performs Work by Competitive Bid Process:
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.
III-3. Owner and Local Agency's Contractor Performs Work:
OWNER agrees to perform the herein described work, excepting that work being performed by the LOCAL AGENCY's highway contractor, with its own forces and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion.
III-4. Travel Expenses Per Diem
The use of personnel requiring lodging and meal “per diem” expenses will not be allowed without prior written authorization from the LOCAL AGENCY’s representative. Requests for such authorization must be included in the OWNER’s estimate of actual and necessary relocation costs. OWNER shall include an explanation of why local employee or contract labor is not considered adequate for the relocation work proposed. Per-diem expenses shall not exceed the per-diem expense amounts allowed under the California Department of Human Resources travel expense guidelines.
III-5. Prevailing Wages Requirements for Contracted Work:
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.
3 III-6. Owner to Prepare Preliminary Engineering Plans:
Engineering services for locating, making of surveys, preparation of plans, specifications, estimates, supervision, and inspection are to be furnished by the Utility Owner and approved by the LOCAL AGENCY, which approval shall not be unreasonably withheld, conditioned or delayed. LOCAL AGENCY shall review such plans, specifications and estimates within thirty (30) days of receipt from OWNER and shall provide OWNER with written feedback of any revisions that are necessary. Cost principles for determining the reasonableness and allowability of OWNER’s costs shall be determined in accordance with 48 CFR, Chapter 1, Subpart E, Part 31; 23 CFR, Chapter 1, Part 645; and 18 CFR, Chapter 1, Parts 101, 201 and OMB Circular A-87, as applicable.
Section IV. Payment for Work
IV-2. Owner Does Not Operate Under PUC, FERC or FCC Rules:
The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s itemized bill, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles.
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 salvage value of any material or parts salvaged and retained or sold by OWNER.
IV-3. For All Owners - Progress/Final Bills:
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit detailed itemized progress bills for costs incurred not to exceed OWNER’s recorded costs as of the billing date less estimated credits applicable to completed work.
Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement.
The OWNER shall submit a final bill to the LOCAL AGENCY within 180 days after the completion of the work described in Section I above.
4 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 Principles 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 the actual cost of performing work under this agreement.
IV-4. Advance of Funds - Local Agency Liability:
LOCAL AGENCY agrees to advance to OWNER the sum of $3,800 to apply to the cost of the work to be undertaken as provided hereinabove. Said sum of $3,800 will be deposited by the LOCAL AGENCY with OWNER within 45 days after execution of the Agreement by the parties hereto and upon receipt of an OWNER's bill for the advance.
In the event actual relocation and necessary costs as established herein are less than the sum of money advanced by LOCAL AGENCY to OWNER, OWNER hereby agrees to refund to LOCAL AGENCY the difference between said actual and necessary cost and the sum of money that was advanced. The remittance check for the balance of advanced funds will be separate from the remittance check for the earned interest. In the event that the actual and necessary cost of relocation exceeds the amount of money advanced to 5 OWNER, in accordance with the provisions of this Agreement, LOCAL AGENCY will reimburse OWNER said excess costs upon receipt of an itemized bill as set forth herein.” LOCAL AGENCY and OWNER further agree that for lump sum payments in excess of $25,000 the LOCAL AGENCY shall have the option of performing an informal audit of OWNER's detailed records from which the billing is compiled. The purpose of LOCAL AGENCY's audit shall be to establish the continued acceptability of using lump sum payments for high cost relocations and shall not in any way affect the amount or acceptability of the lump sum amount herein agreed to. OWNER shall keep supporting detailed records available for LOCAL AGENCY review for a period of one year following OWNER’s submittal of final bill.
Section V. General Conditions
V-1. For All Owners - Notice of Completion:
OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of the completion of the work described herein.
V-2. Master Contract Specifies Equal Replacement Rights:
Upon completion of the work to be done by LOCAL AGENCY in accordance with the above- mentioned plans and specifications, 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.
V-3. [Intentionally Omitted].
V-4. Vendor/Manufacturer Certification Method:
OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report (MTR). Certification(s) should state, “All manufacturing processes for these steel and iron materials, including the application of coatings have occurred in the United States. All manufacturing processes means melting of the steel through final manufacturing of steel components.
All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a period of three (3) years from the date of final payment to the OWNER and will be made available to STATE or FHWA upon request.
One set of copies of all documents obtained to demonstrate Buy America compliance will be attached to, and submitted with, the final invoice.
6 This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department’s guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013.
V-5. Acknowledgments:
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). 7 IN WITNESS of this Agreement, the parties have executed this Agreement as of the date shown below.
"District" "City"
Walnut Valley Water District City of Diamond Bar
By: By:
General Manager Dan Fox, City Manager
Print Name:
Attest:
Kristina Santana, City Clerk
Approved as to form:
By:____
Omar Sandoval, City Attorney
_____________________________
Date