STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 1 of5
UTILITY AGREEMENT
RW 13-05 (REV 05/2022)
DISTRICT COUNTY ROUTE POST MILE PROJECT ID EA
10 MERCED 59 1012000316 10-0G830
FEDERAL PARTICIPATION OWNER SEE NUMBER
N/A 121054
FEDERAL PARTICIPATION
On the Project L Yes X No On the Utilities • Yes * No
Owner Payee Data No. 0000020233 or Form STD 204 is attached UTILITY AGREEMENT NO. 10-4011.11 DATE 09/15/2022
The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes to increase the structural integrity by adding steel column casings, retrofitting hinges with pipe seat extenders and cable restrainers and upgrade nonstandard bridge rails in case of a seismic event. The project will take place in Merced County at seven bridges at various locations and City of Merced
1776 Grogan Avenue
Merced, CA 95341
hereinafter called "OWNER," owns and maintains the 16" waterline within the limits of STATE'S project which requires the removal of an existing 16" waterline within the bridge section, prior to construction of the proposed bridge railing improvements. Upon completion of the new bridge barrier, a new 16" waterline will be attached to the barrier to accommodate STATE's project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 10-4011.11 dated 09/15/2022, STATE shall relocate OWNER's water line as shown on OWNER's Plan No. 121054 dated 09/15/2022, which plans are included in STATE's Contract Plans for the improvement of State Route 59, EA 10-0G830 which, by this reference, are made a part hereof. Deviations from the OWNER's plan described above initiated by either the STATE or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the STATE and agreed to/acknowledged by the OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work by STATE's contractor during construction. Upon completion of the work by STATE, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to STATE ownership of the replaced facilities, except in the case of liability determined pursuant to Water Code 7034 or 7035.
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (279) 234-2284, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
ATTACHMENT 3
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
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II. LIABILITY FOR WORK
The existing facilities are located within the STATE's right of way under permit and will be relocated at OWNER's expense under the provisions of Section (673) (680) of the Streets and Highways Code.
III. PERFORMANCE OF WORK
OWNER has agreed to furnish STATE's highway contractor with pipe materials needed to replace OWNER's 16" waterline.
OWNER shall have access to all phases of the relocation work to be performed by STATE, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the Highway Construction Contract; however, all questions regarding the work being performed will be directed to STATE's Resident Engineer for their evaluation and final disposition.
Use of personnel requiring lodging and meal 'per diem' expenses shall not exceed the per diem expense amounts allowed under the Calitornia Department of Human Resources travel expense guidelines. Accounting Form FA-1301 is to be completed and submitted for all non- State personnel travel per diem. Owner shall also include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed.
IV. PAYMENT FOR WORK
The OWNER shall pay its share of the actual cost of said work included in the STATE's highway construction contract within 45 days after receipt of STATE's bill, compiled on the basis of the actual bid price of said contract. The estimated cost to OWNER for the work being performed by the STATE's highway contractor is $101,640.00.
In the event actual final relocation costs as established herein are less than the sum of money advanced by OWNER to STATE, STATE hereby agrees to refund to OWNER the difference between said actual cost and the sum of money so advanced. In the event that the actual cost of relocation exceeds the amount of money advanced to STATE, in accordance with the provisions of this Agreement, OWNER hereby agrees to reimburse STATE said deficient costs upon receipt of an itemized bill as set forth herein.
The STATE shall submit a final bill to the OWNER within 360 days after the completion of the work described in Section I above. If the OWNER has not received a final bill within 360 days after notification of completion of STATE's work described in Section I of this Agreement, and STATE has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), OWNER will provide written notification to STATE of its intent to close its file within 30 days. OWNER STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
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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 a detailed 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 OWNER 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 STATE and approval of documentation by OWNER. Except, if the final bill exceeds the STATE'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 either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER'S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of STATE.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. 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, Subpart E, 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 State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement.
V. GENERAL CONDITIONS
STATE shall submit a Notice of Completion to the OWNER within 30 days of the completion of the work described herein.
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 vendors) or by collecting written certification(s) from the STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
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manufacturers) mill test report (MTR). Certifications) 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.
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.
STATE further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying 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.
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
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UTILITY AGREEMENT NO
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IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
STATE: DEPARTMENT OF TRANSPORTATION OWNER:
Name JAMES D. GONZALEZ. By
Date Name Date
Title Assistant Chief District 10 Title
Right of Way APPROVED AS TO FORM:
APPROVAL RECOMMENDED: 9-19-2
City Attorney/ Date
Name STEPHEN WOODFILL By
Date Name SONG HER Date
Title District Utility Coordinator Title Utility Coordinator Right of Way Right of Way
THIS AGREEMENT SHALL NOT BE EXECUTED BY THE STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION UNTIL FUNDS ARE CERTIFIED.
DO NOT WRITE BELOW - FOR ACCOUNTING PURPOSES ONLY
PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES:
DOCUMENT SUF CHG PROJECT SPECIAL OBJ DOLLAR
CODE NUMBER FIX DIST UNIT DIST ID PHASE DESIGNATION FFY LEA CODE AMOUNT UA
UA
PROJECT ID FUNDING VERIFIED: REVIEW/REQUEST FUNDING:
Sign:> Sign>
Print NICHOLAS ELLIOTT Date Print SONG HER Date
R/W Planning and Management Utility Coordinator
THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 101,640.00.
CERTIFICATION OF FUNDS FUND TYPE PROJECT ID AMOUNT
hereby certify upon my own personal knowledge that budgeted funds a Design Funds railable for the period and purpose of the expenditure shown her Construction Funds $101.640.00 RW Funds
Planning and Management Date Vendor/Customer:
ITEM CHAP STAT FY AMOUNT Address ID:
Distribution: 2 originals to R/W Accounting
1 original to Utility Owner
1 original to Utility File
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
NOTICE TO OWNER
RW 13-04 (REV 04/2021) Page 1 of 2
NOTICE TO OWNER District Project ID
County Route Post Mile EA
10 MER 59 15.23 1012000316 0G830
Number 10-4011.11
FEDERAL AID NUMBER
N/A
OWNER'S FILE NUMBER
121054
DATE FREEWAY
|09/15/2022 •YES XNO
To:
City of Merced
Attention: Ken Elwin
1776 Grogan Avenue
Merced, CA 95341
Because of the State Highway construction project:
Caltrans proposes to seismically retrofit bridges in Merced County to increase the structural integrity by adding steel column casings, retrofitting hinges with pipe seat extenders and cable restrainers and upgrade nonstandard bridge rails in case of a seismic event. The project will take place on various State Routes that include the following locations:
MER-59-PM 15.23, Bear Creek Bridge, Br. #39-0009 L & R
Which affects your facilities:
16' waterline and appurtenances, as shown on Caltrans Utility Conflict Exhibit dated 01/11/2019.
You are hereby ordered to:
Oversee the relocation of your 16" waterline by State contractor in accordance with approved relocation plan number 121054 dated 09/15/2022.
Your work schedule shall be as follows:
Caltrans Contractor shall relocate facilities between 10/01/2022 and 02/01/2023.
Liability for the cost of the work is:
The existing facilities are located within the STATE's right of way under permit and will be relocated at 100% OWNER's expense under the provisions of Section (673)(680) of the Streets and Highways Code.
DA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Form lanagement Unit at (279) 234-2284, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 9581 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
NOTICE TO OWNER
RW 13-04 (REV 04/2021) Page 2 of 2
Notify Tofael Anwar_ at telephone number (209) 470-6417, 72 hours prior to initial start of work, and 24 hours prior to subsequent restart when your work schedule is interrupted.
DISTRICT DIRECTOR
DISTRICT DIVISION CHIEF
By —
DISTRICT UTILITY COORDINATOR
CC: Resident Engineer
Permits
THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK. 1e Parties agree that this Notice to Owner will set forth the terms, covenants, and conditions that are mutually agreed upon by th arties, and that the Notice to Owner shall constitute the written agreement required by 23 CFR 645.113 ("Written Agreement' Owner must submit all reimbursement and other payment claims arising from this Notice to Owner to Caltrans within 365 calendar days of the completion of the relocation (the "Claim Period"), and Owner waives, releases, and forfeits all right to reimbursement ano any other payment for any claims that are submitted after the Claim Period.
DA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forn lanagement Unit at (279) 234-2284, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 9581 July 8, 2022
CONSULTING ENGINEERS
CITY OF MERCED
16TH STREET BRIDGE WATERLINE REPLACEMENT
CITY PROJECT #121054
MERCED, CALIFORNIA
Preliminary Statement of Probable Costs -Installation, Only Description Quantity Unit Unit Price Cost Total
REMOVE EXISTING $8,400
1 Cut and Cap Existing 8" Water 2 ea $1,200.00 $2,400
2 Remove Existing 8" Water Piping 1 Is $3,000.00 $3,000 3 Remove Existing 16" Water Piping 1 Is $3,000.00 $3,000 INSTALLATION $84,000
4 Install Pipe Hanger Brackets 36 ea $750.00 $27,000
2 Install 16" Ductile Iron Pipe 235 If $120.00 $28,200
3 Install Lateral Bracing 36 ea $800.00 $28,800
TOTAL INSTALLATION $92,400
10% CONTINGENCY $9,240
GRAND TOTAL $101,640
1. This Estimate Does Not Include Soft costs including such items as engineering, permits, inspections, consultants, environmental studies, financing, interest payments, and regulatory demands needing approval before construction begins Prepared by: CB/BV
Printed 7/12/2022 Page 1 of 2 File: 1031-0100
July 8, 2022
CONSULTING ENGINEERS
CITY OF MERCED
16TH STREET BRIDGE WATERLINE REPLACEMENT
CITY PROJECT #121054
MERCED, CALIFORNIA
Preliminary Statement of Probable Costs - Materials, Only Description Quantity Unit Unit Price Cost Total
PIPE $29,375
16" D.I.P., Cement Lined w/Push-on Restrained Joints
1 235 If $125.00 $29,375
(includes 48" PE x PE spool for reconnection at east end) PIPE BRACKETS AND HANGERS $28,656
2 18"x24" Steel Pipe Hanger Bracket 36 ea $505.00 $18,180 3 16" Adjustable Clevis Hanger 36 ea $190.00 $6,840
4 3"Х3/8" Steel Washer Plate 36 ea $30.00 $1,080
5 30" Long, 1" Threaded Rod 36 ea $15.00 $540
6 1" Hex Nuts (4 each per Threaded Rod) 144 ea $4.00 $576 7 3/4" × 5" Hilti-Kwik TZ2-SS 72 ea $20.00 $1,440
LATERAL BRACING $3,440
8 8"x4"x7/16" Galvanized Angle - 20 ft. length 2 ea $1,000.00 $2,000 9 3/4" X 4" Hilti-Kwik TZ2-SS 72 ea $20.00 $1,440
WEST END - 16" CONNECTION $480
10 16" Temporary MJ Cap ea $30.00 $30
11 16" Megalug Retainer - Series 1100 (for temporary cap) ea $250.00 $250 Restraint Kit for Field Cut Pipe for Permanent Connection 12 Use Flex-Ring or TR Flex components, depending on 1 ea $200.00 $200 selected pipe manufacturer
EAST END - 16" TEMPORARY TERMINATION FOR PRESSURE TESTING $990 13 16" Megalug Restrained Flange Adapter - Series 2100 1 ea $450.00 $450 14 16"x12" Flanged Reducer 1 ea $60.00 $60
15 12" Blind Flange with 4" threaded bore (on hand) ea $0.00 SO 16 Blowoff Assembly (4" galv. nipples, elbow, gate valve, 4" cap) 1 ea $200.00 $200 16" Megalug Retainer - Series 1100 (for temporary cap of ex. ea $250.00 $250
water main at east end
18 16" Temporary MJ Cap (for temporary cap of ex. water main a 1 ea $30.00 $30 EAST END - 16" RECONNECTION TO EX. 16"
19 16" MJ X MJ SLEEVES 2 ea $60.00 $120 $1,120
Megalug Retainer - Series 1100 (may re-use from temporary ea $250.00 $1,000
EX. 8" WATER ABANDONMENT $450
21 8" Megalug Retainer -Series 1100 2 ea $200.00 $400
22 8" MJ Cap 2 ea $25.00 $50
TOTAL MATERIALS $64,511j
15% CONTINGENCY $9,677
GRAND TOTAL $74,188
Prepared by: CB/BV
Printed 7/12/2022 Page 2 of 2 File: 1031-0100
KEYNOTES:
WORK TO BE PERFORMED BY CITY CREWS
Project: 10-0G830
Utility No.:10-4011.11
Company: City of Merced
Approved:
Date:
WORK TO BE PERFORMED BY CONTRACTOR
Kifle Abishu
09/15/2022
D DOC OF GROCE
N. 16TH STREET BRIDGE WATERLINE REPLACEMENT 'EX. WATERLINE REMOVAL PLAN CITY OF MERCED ROJECT #121054 - PREL VERCED, CALIFORNI
ABBREVIATION DESCRIPTION Chent/Project
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Utility Relocation Plans
Project: 10-0G830
Utility No.:10-4011.11
Company: City of Merced ONELLING ENEN
Approved:_ Kifle Abishu
Date: 09/15/2022
• ROUTE 59 58A LNE
R/W LET HERS PELIN TERNE REPLACEMENT
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BEAR CREEK TY OF MERCE MERCED, CALFORNU
Enginor/s Sool
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18"X12' FANGED REDUCOR - *(CUT & CAPED EY CITY CASAS)
MONSIE PIE GUNS, ANT AND NE TO
EAST END PIPE TERMINATION DETAIL
REINSERT HIEROI
18" DUCTLE RON PRE -
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Y. 16TH STREET BRIDGE WATERLINE REPLACEMENT
Lie De, post
INSTALL RESTRANT SISTEM FOR FELD-OUT PEE PER ROTECT 8121054- PRETUNERY PLANS COTE ALL MAX SHON IN TAS DETAL IS TO BE PERDUED BY CTY CITY OF MERCED MERCED, CALIFORNA '"DETAILS Chert/Project
EAST END PIPE RECONNECTION DETAIL
-RE INSERT FISTOT
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Utility Relocation Plans
Project: 10-0G830
EX. PIPE CONNECTION DETAIL-WEST END
Utility No.:10-4011.11 RE SHHAT?
Company: City of Merced Koral adore you de.
Approved: Kifle Abishe
Date: 09/15/2022
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