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Home My WebLink About2003-247 RESOLUTION NO. 2003-247 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF DEVELOPMENT SERVICES TO EXECUTE ON BEHALF OF THE 3 CITY UTILITY AGREEMENT NO. 19948 WITH THE STATE OF CALIFORNIA, 4 DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE RELOCATION OF CITY SEWER FACILITIES DUE TO THE CONSTRUCTION OF THE SR-210 5 FREEWAY. 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Director of Development Services is hereby authorized to 9 execute on behalf of the City Utility Agreement No. 19948 with the State of California, 10 Department of Transportation (Caltrans) for the relocation of City sewer facilities due to the 11 12 construction of Segment 11 of State Route 210. A copy of said Utility Agreement is attached 13 as Exhibit "A" and is made a part hereof. SECTION 2. The authorization to enter the above referenced Utility Agreement is 14 15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage 16 of this resolution, 17 18 19 I I I 20 21 22 23 24 25 26 27 28 III 2003-247 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 1 DIRECTOR OF DEVELOPMENT SERVICES TO EXECUTE ON BEHALF OF THE 2 CITY UTILITY AGREEMENT NO. 19948 WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE RELOCATION OF 3 CITY SEWER FACILITIES DUE TO THE CONSTRUCTION OF THE SR-210 4 FREEWAY. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held 7 8 9 10 11 on the 2nd day of September, 2003, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x 12 MC GINNIS 13 14 x DERRY x x SUAREZ 15 16 ANDERSON 17 MC CAMMACK x x 18 19 20 21 2003. 22 23 24 25 26 k~ h.CLt~ City Clerk -tn:;- / day of September, The foregoing resolution is hereby approved this Approved as to form and legal content: udith Valles, Mayor ity of San Bernardino JAMES F. PENMAN, 27 City Attorney 28 B(}- 91L-- 2003-247 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT RW 13-5 (REV 412000) Page 1 of 4~ DisI 08 Co SBD Rte 210 P.M. 21.520 EA 444011 Federal Aid No.:ACNH-P030(OO8)N 10743 Owner's File: FEDERAL PARTICIPATION: On the Project X Yes No On the Utilities X Yes No UTILITY AGREEMENT NO. 19948 DATE The State of California, acting by and through the Department of Transportation, hereinafter called "STATE," proposes to construct 6-lane freeway and 2 HOV lanes in San Bernardino County and City of San Bernardino DeDartment of DeveloDment Services hereinafter called "OWNER," owns and maintains Sewer Facilities within the limits of STATE'S project which requires Relocate as shown on Dlans attached to Notice to Owner 19948 to accommodate STATE'S project It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No. 19948, dated 6/27103, OWNER shall relocate as shown on plans attached to Notice. All work shall be performed substantially in accordance with OWNER's Plan No. 10743 consisting of9 sheets, copies of which are on file in the District Office of the Department of Transportation at 464 W. Fourth Street, San Bernardino, CA 92401-1400. 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 acknowledged by the OWNER, will constitute an approved revision on the OWNER's Plan File described above and are hereby made a part hereof. No work under said deviation shall commence prior to receipt 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. II. LIABILITY FOR WORK The existing facilities are lawfully maintained in their present location and qualify for relocation at STATE expense under the provisions of Section 703 of the Streets and Highways Code. III PERFORMANCE OF WORK OWNER agrees to perform 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. EXHIBIT "A" ~-- 2003-247 Page 2 of 4' UTILITY AGREEMENT (Cont.) RW 13-5 (REV 4/2000) I UTILITY AGREEMENT NO. 19948 Pursuant to Public Works Case No, 2001-59 determination by the California Department ofIndustria1 Relations, dated October 25, 2002, work performed by OWNER's contractor is a Dublic work under the defmition 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, IV. PAYMENT FOR WORK The STATE shall pay its share of the actual cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual 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. 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 the OWNER shall give credit to the ST ATE 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 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 STATE within 360 days after the completion of the work described in Section I. above. If the STATE 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 STATE has delivered to OWNER fully executed Director's 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. 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 ST ATE 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. 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 OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section!. of this Agreement. shall have the prior concurrence of ST ATE. 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 bill and will be available for audit by STATE and/or Federal auditors. OWNER agrees to comply with audit principles and standards as set forth in 48 CFR, Chapter I, Part 31. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of STATE'S request of December 1,2000 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. EXHIBIT "A" 2003-247 UTILITY AGREEMENT (Cont.) RW t 3-5 (REV 4/2000) Page 3 of 4. I UTILITY AGREEMENT NO. 19948 If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, ST ATE 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. 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 645 is hereby incorporated into this Agreement. EXHIBIT "A" 2003-247 .UTILITY AGREEMENT (Cont.) RW t3-5 (REV 4/2000) Page 4 of4 I UTILITY AGREEMENT NO. 19948 THE ESTIMATED COST TO THE STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $505,054.00 FUND TYPE EA AMOUNT Desi.n Funds $ Construction Funds $ RWFunds 444019 $505 054,00 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. HO Accountin Officer Date ITEM CHAP STAT FY AMOUNT IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. STATE: OWNER: City of San Bernardino Department Of Development Services By By: LARRY S. STEVENS Right of Way Project Delivery Manager San Bernardino Office Southern Right of Way Region Date Date ST M. H T, hief RIght of Way UtilIties Branch San Bernardino Office Southern Right of Way Region Date ~ ::;~ c:ffP&/~_h ;,- A tt c:l7--&.3 RUTH WILLIAMS Date RIW Utility Coordinator San Bernardino Office Southern Right of Way Region By DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY PLANNING AND MANAGEMENT TO COMPLETE UNSHADED AELDS: CHG D1ST 08 D1ST 23 UNIT 440 EA 444019 SUB JOB SPECIAL DESIGNATION 919948 UTILITY COMPLETES: OBJ DOLLAR FFY FA CODE AMOUNT 04 6 054 $505,054.00 6 054 EA FUNDING VERIFIED: REVI Si",,:> Print> TONY ARINTOK RIW Plannin. and Mana.ement Date R1W Utilit Coordinator Date Distribution: 3 originals to RIW Accounting 3 originals returned to RIW Planning & Management ADA Notice For individuals with disabilities. this document is available in alternate formats. For information call (916) 654-5413 Voice, CRS: 1-800-735-2929, or write Right of Way, 1120 N Street, MS-37, Sacramento, CA 95814 EXHIBIT "A" 'k.. Dist Co Rte P.M. 08 SBd 210 21,520 Federal Aid No.: ACNH-P030(008)N Owner's File: FEDERAL P ARTICIP A TION: On the Project X Yes No On the Utilities X Yes No EA 444011 FIRST AMENDMENT TO UTILITY AGREEMENT NO. 19948. WHEREAS, the State of California, acting by and through its Department of Transportation, hereinafter called STATE and City of San Bernardino Department of Development Services, hereafter called OWNER, have entered into that certain Utility Agreement No. 19948 ,dated 9/8103 , which Agreement sets forth the terms and conditions pursuant to which OWNER has to relocate as shown on plans attached to Notice to Owner 19948 to accommodate STATE's construction on Route~, Project No. 444011 ; and, WHEREAS, in the performance of said work, increased costs of $ 763,619.01 over and above those estimated at the time of the execution of said Agreement were incurred due to the fact that the iack & bore was revised due to concrete wi rebar debris in the field of the bore and the sewer relocation was re-designed and the work that was already started had to be re-done due to the depth ; and, WHEREAS, it has been determined that, since fmal costs of $ 763,619.01 have overrun the amount shown in said Agreement by ...!2.!. %, and when the increased cost exceeds by 25 % the estimated amount set forth in said Agreement, said Agreement shall be amended to show the increased cost of the work to the ST ATE; and, WHEREAS, the estimated cost to the STATE of the work to be performed under said Agreement was $ 505,054.00 , and by reason of the increased costs referred to above, the amended estimated cost to the STATE is $ 1,268,673.01. NOW, THEREFORE, it is agreed between the parties as follows: 1. The estimated cost to the STATE of $ 505,054.00 as set forth in said Agreement is hereby amended to read $ 1,268,673.01 . 2. All other terms and conditions of said Agreement remain unchanged. AMENDMENT TO U'l'ILITY AGREEMENT (Cont.) Page 2 of 2 IRev. 4/20021 RW 13-Ex-24 IN WITNESS WHEREOF. the parties hereto have executed this 19948 this ~ day of June , 2004 . First Amendment To Utility Agreement No. STAT FUND TYPE EA AMOUNT Design Funds $ Construction Funds $ RW Funds 444019 $763,619,01 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. lcor FY AMOUNT 2",,,cJ- 30(- 0042. 2.- , 20 STATE 2tJo:;.. ()- ,01 By PAT ICI L. SMI H Right of Way Project Delivery Manager San Bernardino Office Southern Right of Way Region OWNER: City of San Bernardino Department of Development Services Sign> G-. U- 'p71oj/' By Name/Titl Print> 'I}rYI€S G, FiNk., ti~4--0,c: JEI.E'f <tfJ18IT svq Date APPROVAL ~~/1~tJ'I Date ~ ~~~-?<< dfLk? RUT E. WILLIAMS R/W Utility Coordinator San Bernardino Office Southern Right of Way Region 6 -/7-{!.t/ Date DO NOT WRITE BELOW - FOR ACCOUNTING PURPOSES ONLY PLANNING AND MANAGEMENT COMPLETES EXCEPT SHADED COLUMNS, UTILITY COMPLETES, ';1';:,., DOCUMENT ' SUP.' CHG SUB SPECIAL 081 DOLLAR CQD,E' : NUMBER ~':~ DIST UNIT DIST EA JOB DESIGNATION FFY FA CODE AMOUNT ,:.".:.....,::.'1 ""''-' UAOI9948 Ot')"i,.,. 23 440 08 444019 919948 'li'1CI/i ~ 6 054 $763,619.01 . :< ,.,>,t O.~ EA FUNDING VERIFIED, EST FUNDING, ~ ,kw~ RUTH E, WILLIAMS Utility Coordinator o /7-tJ Dare Sign> Print> JEANIE LEE Date RfW Planning and Management Print> Distribution: 3 originals to R1W Program AccOlUlling & Analysis 3 originals returned to RJW Planning & Management m_J