Agenda Item B.15
PMS CONSENT CALENDAR
Meeting Date: June 7, 2022
____________________________________________________________
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Gerald Comati, Project Manager
SUBJECT: Ekwill Street and Fowler Road Extensions Project Utility Agree ment with Southern California Edison (Project #9002)
RECOMMENDATION:
Approve and authorize the City Manager to enter into a Utility Agreement with Southern California Edison for the Ekwill Street and Fowler Road Extensions Project.
BACKGROUND:
The purpose of the Ekwill-Fowler Project (Project) is to improve access to, and circulation within, Old Town, improve access to the Santa Barbara Airport, enhance pedestrian and bicycle circulation and safety, and allow the expansion of tran sit opportunities within Old Town.
The Project will construct:
x Fowler Road from the terminus of existing South Street (South Kellogg Avenue) to existing Technology Drive.
x The Ekwill Street extension from Kellogg Avenue through to Fai rview Avenue, with a roundabout at the Ekwill Street and Pine Avenue intersection. x Operational improvements at the interchange of Hollister Avenu e and State Route 217 with the installation of a roundabout at the Hollister Avenue/Southbound State Route 217 intersection and a roundabout at the Hollister Avenue/Northbound State Route 217 intersection.
x Widening of Kellogg Avenue to allow additional right turn stor age capacity from northbound Kellogg Avenue to eastbound Hollister Avenue. x A 1,000-foot segment of the Old San Jose Creek Multi-Use trail along the north side of Ekwill Street between Pine Avenue and Kellogg Way.
The Project is partially funded through the State Transportatio n Improvement Program (STIP) which includes federal dollars. A significant portion of the project, along Hollister 1 Meeting Date: June 7, 2022
Avenue, lies within the California Department of Transportation (Caltrans) right-of-way and consequently, the project is categorized as a Caltrans Over sight Project. Caltrans has previously entered into Master Utility Agreements with cert ain utility owners. One of these is Southern California Edison (SCE). In addition, SCE has a Franchise Agreement with the City of Goleta. The Caltrans Master Utility Agreement indicates that if a utility is under franchise with a local jurisdiction, the cost of utility relocations required due to conflicts with a Caltrans Oversight Project will be shared equally between the Project and the utility company. In addition, because the STIP funding for the project includes federal dollars the project is required to adhere to federal guidelines. These guidelines include a requirement to prepare a Utility Agreement with any utility com panies for which the cost of utility relocations will be shared between the local agency (City of Goleta) and a utility company.
DISCUSSION:
Following completion of the 65% design for the Project, the des ign team identified all conflicts to existing utilities that would result from the construction of the Project and utility conflict letters were submitted to utilities companies. The conflict letters directed the utility companies to develop utility relocation plans.
The cost of all the required SCE utility relocation work for th e Project is estimated to be $292,529 of which $146,265 is the City’s responsibility based on the 50% share dictated in the Caltrans Master Utility Agreement with SCE.
The Utility Agreement between the City and SCE addresses the roles and responsibilities of the City and SCE and defines the estimated cost liability fo r the City of $146,265. As stated in the utility agreement, the City’s liability may vary depending on actual construction costs. All the required relocation work will be pe rformed by SCE. Execution of the City-SCE Utility Agreemen t is a requirement for the City to secure Right of Way Certification from Caltrans for the Project, which in turn is a requirement before the City can secure allocation of construction STIP funding and ultimate ly commence construction. SCE has approved the Utility Agreement.
Public Works recommends that the City Council approve and authorize the City Manager to enter into the Utility Agreement with SCE for the Ekwill Str eet and Fowler Road Extensions Project, and authorize the Mayor, City Clerk and Cit y Attorney to sign the Cooperative Agreement on behalf of the City Council. The Projec t is slated to begin construction in the fall of 2022.
FISCAL IMPACTS:
The Project has sufficient funds in the proposed FY22/23 Right of Way/Land Acquisition budget for the project to cover the City’s share of SCE’s utility relocations in general ledger account 220-90-9002-57050.
2 Meeting Date: June 7, 2022
Ekwill Fowler Project #9002, FY 22/23
Fund Type Account FY 22/23
Proposed Budget
YTD Actuals/
Encumbrances
Total Available
Budget
Development
Impact Fee
(DIF)
220-90-
9002-57050 $323,563 $ - $323,563
Total $323,563 $ - $323,563
ALTERNATIVES:
The Council may elect not to approve the Utility Agreement; however, if the City of Goleta does not execute the Utility Agreement with SCE, the City will not be able to secure Right of Way Certification for the project from Caltrans which in turn means the project will not be able to commence construction. A significant delay in the st art of construction will jeopardize the $11.3 M of STIP funding allocated for construction.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Utility Agreement between the City of Goleta and Southern California Edison, for the Ekwill Street and Fowler Road Extensions Project.
3 ATTACHMENT 1:
Utility Agreement between the City of Goleta and Southern California Edison, for the Ekwill Street and Fowler Road Extensions Project
4 CITY OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
RW 13-05 (REV 12/2016)
05-UT-1813.851
ADA Notice: For individuals with disabilities, this document is available i n alternate formats. For information call (916) 654-5413, Voice , CRS: 1-800-735-2929, or write Right of Way, 1120 N Street, MS-3 7, Sacramento, CA 95814
DISTRICT:
05 COUNTY:
SB
ROUTE:
217
POST MILE(S):
2.1/2.4
PROJECT ID/ EA:
0500000548 / EA#4611U
FEDERAL AID NUMBER:
OWNER’S FILE NUMBER:
Project # 908: TD837296, TD1181911, and TD1181905
FEDERAL PARTICIPATION/ FEDERALLY ELIGIBLE/NEPA DOCUMENT:
On the Project: Yes No On the Utilities: Yes No OWNER PAYEE DATA NO.
VC: AD: or Form STD 204 is attached
UTILITY AGREEMENT NO.: 05-UT-1813.851 DATE: June 7, 2022
The City of Goleta, hereinafter called “CITY” proposes to:
Construct the Ekwill Street and Fowler Road Extensions Project in the City of Goleta. The project includes the construction of a new road (Ekwill Street) running east-west across Goleta Old Town south of Hollister Avenue, operational improvements (roundabouts) at the CITY Route 217 interchange with Hollister Avenue, and the improvement and extension of existing South Street located in southern Goleta Old Town. and
Name: Southern C alifornia Edison
Address: 10180 Telegraph Rd
Ventura, CA 93003
hereinafter called “OWNER,” owns and maintains: Electrical facilities and associated appurtenances adjacent to proposed Ekwill Street, at the CITY Route 217 interchange with Hollister Avenue and adjacent to existing South Street, that are located within the limits of CITY’s project which require relocation to accommodate CITY’s project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 05-1813.851 dated May 5 , 2022, OWNER shall relocate their electrical facilities and associated appurtenances to clear conflict with construction as proposed.
All work shall be performed substantially in accordance with OWNER’s Plan No. 584629 (five pages), 852643 (three pages), and 852649 (one page) with associated work orders TD837296, TD1181911, and TD1181905 dated 12/20/2020, a copy of which is on file in the City of Goleta’s office located at 130 Cremona Drive, Suite B, Goleta CA 93117. Deviations from the OWNER’s plan described above initiated by either the CITY 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 CITY 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
5 CITY OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
RW 13-05 (REV 12/2016)
05-UT-1813.851
ADA Notice: For individuals with disabilities, this document is available i n alternate formats. For information call (916) 654-5413, Voice , CRS: 1-800-735-2929, or write Right of Way, 1120 N Street, MS-3 7, Sacramento, CA 95814
revised Notice to Owner.
II. LIABILITY FOR WORK
The existing facilities described in Section I above will be relocated at 50% CITY expense and 50% OWNER expense in accordance with Section 5c of the Master Contract dated 11/1/2004.
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 personnel requiring lodging and meal “per diem” expenses will not be allowed without prior written authorization CITY’s representative. Requests for such authorization must be contained in OWNER’s estimate of actual and necessary relocation costs. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the California Department of Human Resources travel expense guidelines.
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 CITY 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 incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable. It is estimated that the LOCAL AGENCY’s cost will be $147,000.
It is understood and agreed that the CITY 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 CITY 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
6 CITY OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
RW 13-05 (REV 12/2016)
05-UT-1813.851
ADA Notice: For individuals with disabilities, this document is available i n alternate formats. For information call (916) 654-5413, Voice , CRS: 1-800-735-2929, or write Right of Way, 1120 N Street, MS-3 7, Sacramento, CA 95814
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 CITY 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 CITY within 360 days after the completion of the work described in Section I above. If the CITY has not received a final bill within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and CITY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER’s facilities; CITY 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 CITY 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 CITY. 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 CITY.
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 CITY 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 CITY 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 CITY to comply with applicable laws, regulations, and ordinances, then CITY will ensure that OWNER is compensated for actual cost in performing work under this agreement.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of CITY ’s request of February 10 th, 2016 to review, study
and/or prepare relocation plans and estimates for the project a ssociated with this Agreement may be billed pursuant to the terms and conditions of this Agreement.
If CITY’s project which precipitated this Agreement is canceled or modified so as to eliminate the
7 CITY OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
RW 13-05 (REV 12/2016)
05-UT-1813.851
ADA Notice: For individuals with disabilities, this document is available i n alternate formats. For information call (916) 654-5413, Voice , CRS: 1-800-735-2929, or write Right of Way, 1120 N Street, MS-3 7, Sacramento, CA 95814
necessity of work by OWNER, CITY will notify OWNER in writing and CITY 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 CITY under the terms of this Agreement are subject to the acceptance of the Agreement by CITY or the Delegated Authority (as applicable), the passage of the annual Budget by the CITY Council, and the allocation of those funds by the CITY.
OWNER shall submit a Notice of Completion to the CITY within 30 days of the completion of the work described herein.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement 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.
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 Ah ead for Progress in the 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United CITYs for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA.
Owner understands and acknowledges that this project is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance and will demonstrate BA compliance by collecting written certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s) (the mill test report (MTR).
All documents obtained to demonstrate BA compliance will be held by the OWNER for a period of three (3) years from the date the final payment was received by the OWNER and will be made available to STATE or FHWA upon request.
One set of copies of all documents obtained to demonstrate BA compliance will be attached to, and submitted with, the final invoice.
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.
If, in connection with OWNER’s performance of the Work hereunder, CITY provides to OWNER any materials that are subject to the Buy America Rule, CITY acknowledges and agrees that CITY 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).”
CITY further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying
8 CITY OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
RW 13-05 (REV 12/2016)
05-UT-1813.851
ADA Notice: For individuals with disabilities, this document is available i n alternate formats. For information call (916) 654-5413, Voice , CRS: 1-800-735-2929, or write Right of Way, 1120 N Street, MS-3 7, Sacramento, CA 95814
upon the instructions and guidance (collectively, “Guidance”) issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California.
Notwithstanding 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.
9 CITY OF CALIFORNIA x DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
RW 13-05 (REV 12/2016)
05-UT-1813.851
ADA Notice: For individuals with disabilities, this document is available i n alternate formats. For information call (916) 654-5413, Voice , CRS: 1-800-735-2929, or write Right of Way, 1120 N Street, MS-3 7, Sacramento, CA 95814
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
CITY OF GOLETA OWNER: Southern California Edison
By: By:
Name: Date Name: Date
Title: Title:
APPROVAL RECOMMENDED:
By: By:
Name:
Name:
Date
Date
Title:
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