HomeMy WebLinkAbout2003-248
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RESOLUTION NO. 2003-248
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF DEVELOPMENT SERVICES TO EXECUTE ON BEHALF OF THE
3 CITY UTILITY AGREEMENT NO. 17604 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 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Director of Development Services is hereby authorized to
9 execute on behalf of the City Utility Agreement No. 17604 with the State of California,
10
11
12
13
Department of Transportation (Caltrans) for the relocation of City sewer facilities due to the
construction of Segment 11 of State Route 210. A copy of said Utility Agreement is attached
as Exhibit "A" and is made a part hereof.
14 SECTION 2. The authorization to enter the above referenced Utility Agreement is
15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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 I I I
19 III
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28
c,
2003-248
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF DEVELOPMENT SERVICES TO EXECUTE ON BEHALF OF THE
2 CITY UTILITY AGREEMENT NO. 17604 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
6
7
8
9
1
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held
on the 2nd day of September, 2003, by the following vote, to wit:
Council Members:
AYES
ABSENT
NAYS
ABSTAIN
10 ESTRADA
11
12
x
LONGVILLE
x
x
MC GINNIS
13
DERRY
14
SUAREZ
15
16 ANDERSON
17 MC CAMMACK
18
19
20
x
x
x
x
~dh.~
City Clerk
The foregoing resolution is hereby approved this . 4-N
21 2003.
22
23
24
day of _ September,
udith Valles, Mayor
ity of San Bernardino
JAMES F. PENMAN,
City Attorney
28
."
2003-248
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORT AnON
UTILITY AGREEMENT
RW 13-5 (REV 4/2000)
Page I of4
Dist
08
Co
SBD
Rte
210
P.M.
20,384/22,244
EA
444021
Federal Aid
No.:ACNH-P030(008)N
Owner's File:
FEDERAL PARTICIPATION: On the Project
X Yes
No
On the Utilities
X Yes
No
UTILITY AGREEMENT NO. 17604
DATE
The State of California, acting by and through the Department of Transportation, hereinafter called " ST ATE," proposes to
construct 6-lane freewav and 2 HOV lanes in San Bernardino County
and
Citv 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 17604
to accommodate ST ATE'S project
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with 4th Revised Notice to Owner No. 17604, dated 4/28/03, OWNER shall relocate as shown on
plans attached to Notice. All work shall be performed substantially in accordance with OWNER's Plan consisting
of 11 sheets, copies of which are on file in the Distr;.ct 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"
.',
2003-248
UTILITY AGREEMENT (Cont.)
~ 13-5 (REV 4/2000)
Page 2 of4
I UTILITY AGREEMENT NO.
17604
Pursuant to Public Works Case No. 2001-59 determination by the California Department of Industrial
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 or prepared on
OWNER's letterhead, compiled on the basis of the actual 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 or Federal Communications Commission, whichever is applicable.
It is understood and agreed that the STATE will nJt pay for any betterment or increase in capacity of OWNER's
facilities in the new location and the OWNER shall give credit to the STATE for all accrued depreciation on 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 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 ST ATE 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 ST ATE 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 STATE
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 I. 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 in48 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"
..,
2003-248
UTILITY AGREEMENT (Cont.)
RW 13-5 (REV 4/2000)
Page 3 of 4
I UTILITY AGREEMENT NO.
17604
If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity
of work by OWNER, STATE 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"
,'.
UTILITY AGREEMENT (Cont.)
RW 13-5 (REV 412000)
2003-248
Page 4 of 4
I UTILITY AGREEMENT NO. 17604
THE ESTIMATED COST TO THE STATE FOR ITS
SHARE OF THE ABOVE DESCRIBED WORK IS
$295,327.00
FUND TYPE EA AMOUNT
Design Funds $
Construction Funds $
RW Funds 444029 $295,327,00
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 FV AMOUNT
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
STATE:
By
LARRY S. STEVENS
Right of Way Project Delivery Manager
San Bernardino Office
Southern Right of Way Region
By
OWNER: City of San Bernardino Department
Of Development Services
By:
Date
Date
~~u
7-JD-u3C:--By' ~~~
Date RUT E WILLIAMS
R/W Utility Coordinator
San Bernardino Office
Southern Right of Way Region
7-/0- ~-3
Date
DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY
UNIT
440
PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS,
CHG
DIST
08
EA
444029
SUB
JOB
UTILITY COMPLETES:
OBJ IlOLLAR
FFY FA CODE AMOUNT
o!f 6 054 $295 327,00
6 054
DIST
23
SPECIAL
DESIGNATION
917604
EA FUNDING VERIFIED:
Sign:>
Print> TONY ARINTOK
RJW Planning and Management
Date
R/W Utili Coordinator
Date
Distribution:
3 originals to R/W Accounting
3 originals returned to R/W Planning & Management
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"
ADA Notice
I .
... 2003-248
STATE OFCALlFORNIA. DEPARTMENT~ANSPORTATION
UTILITY AGREEMENT
RW 13-5 (REV 4/2000)
.
Page 1 of 4
.
Dist
08
Co
SBD
Rte
210
P.M.
20,384/22,244
EA
444021
Federal Aid
No.:ACNH-P030(008)N
Owner's File:
FEDERAL PARTICIPATION: On the Project X Yes No
On the Utilities X Yes No
UTILITY AGREEMENT NO. 17604
DATE
The State of California, acting by and through the Department of Transportation, hereinafter called "ST ATE," proposes to
construct 6-lane freewav and 2 HOV lanes in San Bernardino Countv
and
Citv 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 17604
to accommodate STATE'S project
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with 4'" Revised Notice to Owner No. 17604, dated 4/28/03, OWNER shall relocate as shown on
plans attached to Notice. All work shall be performed substantially in accordance with OWNER's Plan consisting
of 11 sheets, copies of which are on file in the District OtTtce 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 ST ATE 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.
11. 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.
UTJLITY AGREEMENT (CO!
RW 13-5 (REV 4/2000)
2003-248
.
Page 2 of 4
I UTILITY AGREEMENT NO. 17604
Pursuant to Public Works Case No, 2001-59 determination by the California Department ofIndustrial
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 shaD 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 or prepared on
OWNER's letterhead, compiled on the basis of the actual 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 or Federal Communications Commission, whichever is applicable.
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 STATE for all accrued depreciation on 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 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 STATE
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 1., 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 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 bill and will be available for audit by ST ATE 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.
2003-248
UTILITY AGREEMENT (CJP.)
.
.
Page 3 of 4
RW 13-5 (REV 4/2000)
I UTILITY AGREEMENT NO. 17604
If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity
of work by OWNER, STATE will notify OWNER in writing and ST ATE 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.
2003-248
UTJLITY AGREEMENT (COI
RW 13-5 (REV 4/2000)
.
Page 4 of 4
I UTILITY AGREEMENT NO. 17604
THE ESTIMATED COST TO THE ST ATE FOR ITS
SHARE OF THE ABOVE DESCRIBED WORK IS
$131,891.00
CERTIFICA TION OF FUNDS
FUND TYPE
Desi n Funds
Construction Funds
RW Funds
EA
AMOUNT
444029
$
$
$131,891.00
I hereby certify upon my own personal knowledge that budgeted funds are
Available for the period and purpose of the expenditure shown here.
H Accountin Officer
ITEM CHAP
STAT
Date
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
&
/~'/5
By
By:
LARRY S. STEVENS
Right of Way Project Delivery Manager
San Bernardino Office
Southern Right of Way Region
Date
Date
APPROVAL RECOMMENDED:
Date
y:
RUT E WILLIAMS
Utility Coordinator
San Bernardino Office
Southern Right of Way Region
M'
-<23
1,.29- () 3
By
S EP N MATT, Chief
Right of Way Utilities Branch
San Bernardino Office
Southern Right of Way Region
Date
DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY
PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS,
CHG
DIST
08
DIST
23
UNIT
440
EA
444029
SUB
JOB
SPECIAL
DESIGNATION
917604
UTILITY COMPLETES,
ORJ DOLLAR
FFY FA CODE AMOUNT
03 6 054 $131,891,00
6 054
EA FUNDING VERIFIED:
RE
'.:)3
Si n:>
Print> TONY ARINTOK
Print> RUT
R1W Plannin
Date
RIW 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 fonnals. 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