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HomeMy WebLinkAbout2009-051 1 RESOLUTION NO. 2009-51 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING UTILITY 3 AGREEMENT NOS. 18720, 19740, 21245 AND 20887 WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE 4 RELOCATION OF CITY SEWER FACILITIES PER PLAN NOS. 12574 & 12517 DUE TO THE WIDENING OF THE 1-215 AND 1-210 FREEWAYS. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 Department of Transportation (Caltrans) for the relocation of City sewer facilities due to the 11 construction of Interstate 215, segments 1,2 & 5 and Interstate 210, segment 11. Copies of said 12 Utility Agreements are attached as Exhibits "AI", "A2", "A3" & "A4" and are made a part 13 hereof. 14 15 16 17 18 III 19 1/1 SECTION 2. The authorization to enter the above referenced Utility Agreements is rescinded if the parties to the agreement fail to execute them within ninety (90) days of the passage of this resolution. 20 21 22 23 24 25 26 27 28 - 1 - 2009-51 1 RESOLUTION . . . APPROVING UTILITY AGREEMENT NOS. 18720, 19740, 21245 AND 20887 WITH THE STATE OF CALIFORNIA, DEPARTMENT OF 2 TRANSPORTATION (CALTRANS) FOR THE RELOCATION OF CITY SEWER 3 FACILITIES, PER PLAN NO. 12574 & 12517 DUE TO THE WIDENING OF THE 1-215 AND 1-210 FREEWAYS. 4 5 6 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 16th March day of , 2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 BRINKER 12 (VACANT) 13 x x x 14 KELLEY 15 16 17 18 19 20 21 22 23 24 25 26 27 28 x JOHNSON x x MC CAMMACK a~l.1. ~ Rachel Clark, City Clerk The foregoing resolution is hereby approved this jj?/7I day of March ,2009. J;:JA ,Uw--~-/' .- Rikke Van Johnson, Mayor Pro Tem City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney -2- . 2009-51 STATEOFCAIJI'ORNIA.DI!P~OF~A11ON UTILITY AGREEMENT . kW 13-' lIIiV 4/3OOOl EXHIBIT "Ai" Pqe 1 of4 DlST ICO RTE P.M. EO. 08 SBd 215 8.417.8 0071V 1 I OWNER"S FILE ACNHI-NH1-2151(178) C.I.P. No: SW09-03 "lION On the projec:t 181 YES 0 NO On the UlIIlIes 181 YES 0 NO 3-1 '!-p? UTILITY AGREEMENT NO..tml! DATE The S1* of CIIIIfomIa.lIClIng by and tI1r'ougl the Department of T~. hell1i1l8ft81 called "STATE,. propel'" 8dcInI __ and ImDRJVIna InI8IcIl8I-.... from s/o the R8dI8nds I nnn OH to S/O the if/' Street OC on RouIilt 215 in the CIIv at San e.m.dino. and Cltv of San &ern.rdlno hereinafter called .OWNER.. owns and mainlains _6.- wilhln the limb at STATE'S proJec:t which requires ~ of the Cltv of... Bernardino .....11... _I...... ......,. on NY -.on Dlans to accommodate ST ATE'S projec:t It is hereby mutually ageed that: I. WORK TO BE DONE In IlCCOIdaace wilh NoIicc 10 Owaer No..lJm dated Man:h 10. 2009. OWNER sbaIl m>Iace IIIlI reIocam u IbowD QD the nl.. ~......1wwI to Notice to o.m. An WOIk IbID be ..-i.......od IIJMt.wtI.ny in accordance with OWNER', P1III, . copyofwbic:h is 0l11ile in the DiIlrict oftice of the ~.....- ofTnlIlIpClIWion at~ 4.S-'San~ CA 92401-1400. Devia1iouo liom the OWNER', pion deocribed obove iDitialed by either the STATE or the OWNER, sbaIl be agreed upon by boch perDes bereIo UDder. JlI;vised NotU:e 10 Owaer. Such JlI;vised NOlWeo 10 0-, --' by the STATE IIIlI agreed 1IDIackDowIecIaed by the OWNER, will CC<lIlilute OIl --' nMoioa of the OWNER', pion cIeIc:ribed abow 1IIlI... haeby made . part bonoof. No work UIIder said cIevialioa obaII ~ prior 10 writloD ........m.- by the OWNER of the Revised Notice 10 0-. Cbaqeo in the scope of the work will JeqUire an .. ~ ........n.lo Ibis Apeemoat in addition 10 the reYioecI No1icc 10 Owaer. II. LIABILITY FOR WORK Tho exioling facili1ioo ....lawfillJy m.mo.n...t in their..- Joc:ation IIIlI quaIiIy fur relocation at STATE axpeuae l1IIIIor the pIOYiaiOl1O ofSecliOl1 703 of the StJeelalllll JIicIrwaya Code. III PERFORMANCE OF WORK OWNER..-lo __ the bereiD deocribed work 10 be peafo<med by . CODIl'aCl with lhe 10wat qualified bidder, oeIected.....-lo . wIid C.o . ...1i1i.... 1liddiD& pi.,........ 1IIlI1o 1inioh or...... 10 be lbmiobed all ... IIlIlY labor, .-iaIo, 1oolo, IIIlI cquipmoat teqlIized 11>..40, 1IIlI1o prooecule Mid work diJiaeDdy 10 complelioe. UTILITY AGREEMENT (COIlt.) kWIWlQV4I3OOO) .....2 of4 I t1I1UTY AORIlPU1>NrNO.1172t UICl of ous.or_ ,..--A or pez-a .....iI1a \odPIa .... __ ("per diemj ""Il ..~ will DOt be allowed wilboDt priorwri_ aaIborlza1ioa by S_', '..........wi_ ~ b adl penlIiaion..... be C<ll'","-, in OWNER',llIIimaIe of -.al1IIlI"" I 7 ........- _ OWNER obaI1 iDClude ... ""Planation why Ioca1 employee or 00IIIract labor is _..",.w,red ""equa1ll b the moc-...,. wack .....,..,..d. Per DiaD ""Il ,.... obaI1 DOl eou:eed tile per diem lOlpeIIIe ......... a1IowaIlIIIlIer the S_', Depe.1i1l6u1 oCPfI1llIlIIel ....A.AI .....a.....lI1MlllOlpellle pideJiMo. PurIuaa1loPublic WorbCueNo. 2001-DS9....... . ..nn..bytheCalifomia~...-ofIndus1rial P"'-' ~ October 2S, 2002, ",..,n j>eoi......d by OWNER', ......._.... is 0 public wodt UDder the de1IDlllaa of Labor Code Section 1720(0) .... is 1bervfono oubject 10 prevaiIiDs... ~ OWNER sbaIl wrifyCGlllpliaDce wilh lbis....uh.......4in the odm:..;........... ofilll_1llCeraIced abo.... N. PAYMENT FOR WORK Tbe STATE obaI1payi1o obaIe oftheactual.... _, II -7 _of tile benindeocrihed wodtwilbin4S days ofter ~ ofliw (S) copieo of OWNER', ilemizod bill, sipod by. ~"bIe ofticiaI of OWNER', "'11'"""";011 1IIlI..._~ 011 OWNER',IeIIodIoIad, c:ompited 011 the haW of the actuaIlIIlIllllCeUaIy COlt 1IIlI............ Tbe OWNER obaI1 .-1_;" IllCOIds oCtbe actual COllI iIIl:umd IIIlI cbaraed or aIIocaled 10 the project in IlCCOIdaace wilh ,..,.,.,n...... _-, priDcipleo. It is 1IIIIIenlood IIIlI apoed Jbat the STATE will _ pay b any bell~.._,,1 or i1Ic!eMc in capacity of OWNER'. faoili1ioo in the.....1oc:atioa IIIlI !bat OWNER ohaIJ am CRlCIit to the STATE b the lICCIUId cIepnciatioD or "lIICld Iilio" of the "'Placed &ciJitieo IIIlI b the ulvoge va10e of any 1IIlIIllriaJ or parlI salvaaed IIIlIIeIaiDed or sold by OWNER. Not more fRqucutJy!ban OIICC 0 moatb, but at 1eut quarttdy, OWNER will prepare IIIlIllIbmit ~ billa lOr COllI iIIl:umd DOt 10 e:xcecd OWNER', RCOrded COllI u of the biIIiDa dale Ieso .....;..~ CIedita applicable 10 c~ worl<. Po~ ofpma._ billa DOt 10 e:xcecd the amount DC this A.,.-.t maybe made UDder the _ of this Ap-. PO~ DC........ billa wbich e:xcecd the _ of this Aao-- may be made ofter m:eipt IIIlI approval by STATE of do<>...........w.IUJlPOl1kl& the COlt iDcroue IIIlI ofter... .....oeM..... 10 this ~ baa been exec:uted by the parliea 10 tbio Ap-. Tbe OWNER obaI1 oubmit. fiDal bill 10 the STATE wilbin 360 days ofter the completion DC the worl< deocribed ill Section I obove.lfthe STATE hu DOt receiwd 0 fiDal bill wiIbin 360 days ofter ...,pfVo.1ioa of completion of OWNER', wodt deoaibecI in Section 1 oCtbio ~ IIIlI STATE baa deIMnd 10 OWNERlUIly ...0CUled Diractor', Deeda, ~ 10 Cnnwnoa UICl or Joiar UICl Agn:emoalo U required b OWNER', &ciIilico, STATE wiD proYidc wrilIoa nnnfVo"rinn 10 OWNER DC ita iDIent 10 clooc i10 tile wiIbin 30 days IIIlI OWNER heRby acImowIccIpo, 10 the ..._ a1IowaI by law. Jbat all......;""" COllI will be deemed 10 ba... been abaadoDed. lfthe STATE _ 0 fiDal bill bpaylllOllllllDle!ban 360 days ofter Jll)ri6clltioD DC c:oJIIIPIetion DC OWNER', work, paynteDt oCtile late bill may be subject 10 aI1ocation llDlI/or approval by the CaIifomia TllIlIIp()<Wl..u c-;-;0I1. The final biIIiDa sbaIl be in the fotm of... itemized ....r.......i DC tile 101aI COllI cbaraed 10 the pmject, Ieso the credita pnMdecI b in lbis ~ IIIlIIea any _ co--.d by........ biI1iDp. However, the STATE ohaIJ DOl pay fiDal biIto wbicll e:xcecd the ~ COlt oflbis ~ wilboDt documadalioa of the _lOr the iDcIeuc DC IBid COlt fiom the OWNERIIIlI approval of 4oco-"',;COI by STATE. Except. if the fiDal bill cxccedo tile OWNER', "';...-.1 COllI IOIe1y U the IlllIlIIt DC 0 NVioed Notice 10 Owaer u provided b ill Sccllaa I, 0 copy DC aid NVioed Nolicc 10 Owaer obaI1 ouftb u doco~ In either ~ pay_ of the _ over the .... -"4d _ of this Ac1-.t may be IUbject 10 .lJocalion llDlI/or approval by the CaIifumia TrIIIIIpOI'Iatio C--~ UTILITY AGREEMENT (CoIIt.) aw 13-' (UV 4i2OOOl Pap 3 of4 I Ul1UI'Y AOREEMENTNO.l8720 In aay.... if the fiDaI bill CXGeeIk 125% of the -..... coat oftbia ~ lIlI,A-w. ~ an be _utod by the perDes 10 tbia ....._ prig< 10 the jlI<)"-'l of the OWNER'S lIBaI bID. AzIy IIIlI aD blc. 11I_ ..... ... dlnlct raalt of cIeviatica liam the work daaibed in Section I oflbio .....~ DIlI1aw the prIcr _ ofSTATE. DIlalIecImlOIdtliam wbiah the biI1iai is CClIIIplIecIDIl be IClaimd by lbe OWNERIbc 0 period of tIne}Wllliam lbe... of"'lIBaI~ ell will be awIJabIe Ibr audit by ~ 1lId/... FodoraI auditon. Owaer ...-10 coaply willi c-t Colt PriDoip_ ell ProcooIuna u lOt 1ilrlh in 48 CPR, CIaplIlr 1, Part 31, eI oeq., 23 Q'K, Cbapeer I, Part 6451l1d/or 1. CF.R, CIIopter I,P_I0l, 201, et aI. Ifo ~ S.... aadIor FodoraI audit J..~ paymeaIa 10 be IIlIalIowab1e, OWNER...-lo Rimbune STATE upon JeCeipt of STATE biJliDa. V. GENERAl CONOfTIONS AIl_ accrued by OWNER u 0 ROUIl of STATE', nqo.- of (March 15, 2007) 10 review, 0llIdy llId/or prepon>l8IocalioR plana lI1IlI --.... few the project lIUIlCiated wilh lbio Apemea.I may be biI1ed pIII'OUlIlIt 10 the _1IIlI """'""- oflbio.....-. If STATE', project wbic:h precipiIaliod lbio A..-a is <*K<ied ... modified 10 U 10 ..!;",;"o'o the DOCeUity ofwmk by OWNER, STATE will DOCify OWNER in wri....1IIlI STATE -.eo the right to ll:rminIle lbio A.,......-l by ,A--- Tbe ,A--an pnwido lIIIIIua1Iy occepIable _1IIlI COIIdilioDo fur .....--n... the ~ All oblipnnn. of STATE UDder the _ oflbio ....._ "'" mbject 10 the puuse of the llIIIIUal Budget Act by the S....I..,.;,loll11e IIIlI the a1Ioca1ion of !bole fuuds by the Califumia Truaportation Cnmm;.lIi<m. OWNER sbaIllUbmilo NoIil:e ofCompJetion 10 the STATE within 30 days of the completion of the wmk deocribed bcreiD. STATE will acquire IlIlW risJda ofwayin the IllI1IIe of either the STATE or OWNER through uegoIia1ion ...r'-"'~ IIIlI ""'"" ocquired in STATE', _Ihall comay _10 OWNER by Direclor', E..--....' DoecL STATE',IialriIity for ouch riabl8 of_y will be at the proration shown Ibc ",location wmk in...lwd UDder lbio Apeemodt. Whae OWNER baa prig< risJda in...... whic:h will be wilhin the Ilipway riPl of _y IIIlI wbere OWNEll', flIcilitica will rauain 011 or be reloca1ed 011 STATE JUabwayript of_y, 0 JoiDI Ute A&n:cmcal... CoIIIa1llo C............. U.. Agrecmont sbaIl be executed by the parties. 11 is 1IIlden1ood 1bal said Jqhway is. FodoraI aid highway IIIlI occordincly, 23 CF.R, 0Iapter 1, PIrl64S is baeby ;...,......oIlod into lbio .....-. UTILITY AGREEMENT (Cout.) IlW 1J-'(UV4l3OOO1 ""4014 THE ESTIMATED COST TO THE STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $2,247.760.00 I um..tTY AGREEMENT NO. 11m CERTFICAT10N OF FUNDS I ....., cliiIIy upon IllY OM> IhoI budgolod lunda .. A_lor... poItacI and _"'''' __-_. HCl DaIo ITEM CItIoP STAT FY AMOUNT FUND TYPE EO. AMOUNT Funds $ ConslruclIon $ Funds ~ FUIldf 0071V8 $2,247.7&0." IN WITNESS WHEREOF. the 8bove l*tIea have executed this By the day and year above written. J.,;l(, 7JJ Dale ..5-/9-(/'9 Date APPROVAL RECOMMENDED: " 1.- ~ 2/m/01 MlCHAB. W. P Dale Senior RIght at Way Agent (AclIng) RIW Utllty RlIIocatb 18 Branch By-A:f!r RIght at WtIti UlIIIty Coonltnator San Bernardino Offlce 3-111 r()fj Date DO NOT WRITE BaOW. FOR ACCOUNTNG PURPOSES ONLY EO. oo71V9 SUB CIAl. JOB llEIlKlNo\lION FFY 918no 09 U1lIJTY COIIPtEII!8: 08J DOlLM CODE AIIOUNT 084 2477&0." 3.2b(.~ RIW 8Ild Dale CoordInelor Dale Otslribullon: 3 orIgInaIa to RIW Accounting 3 orIgInaIa NCumed to RIW PfannIng & Maltaglllll8l1l ADA Notice Forilldi-._ _ fir . '1icioo, 1hio_1 i. avoilobleia ~""'-- For~ c:al1 (916)654-5413 Voice, CIlS: 1-100-73502929, or write RipI otWay, 1120 N Stroot, MS-37, L_ ,aI.. CA 95114. , . 2009-51 STATE OfCAl.lPOlNL\. Dl!PAk1MJlNT Of 'I'IANSIOItrA11ON UTILITY AGREEMENT llW 13.' lIIiV _I EXHIBIT "A2" .....1014 co 01 SBd RTE 2111 P.M. 7.lIIlI.O EO. FE AIO NUMBER ACNHI-NHl-21111(178) FEDERAl PARTlClPATlON 0071V 2 OMEInII'lLE C.I.P. SWOll-03 On the projec:t 181 YES 0 NO On the UlIItles 181 YES 0 NO 3-;9-t?,? UTILITY AGREEMENT NO, 1m2 DATE TheSlatBofCalIfoml8, acting by and lIlrllt9 the Department at Transportalion, hereinaftercaJJed "STATE,' ===~-~-=-~~.~~~onSlaleRoulilt215inthecltvof and CIv of 8M &.nwdlno hereiI.... called 'OWNER, . owns and malnlains ..... ...... wIlhln the limits of ST ATE'S projec:t which requires I'lIlocalIon of the CItv of s.n &.nwdlno _ liMa .. IndJ . ~ bv.....r.......- DIan. to accommodate ST A TE'S project It is hereby mutually agreed that: I. WORK TO BE DONE In IICC:OrlI-.. with Notice 10 Owaer No..l2:M2 dated Man:h 10.2009. OWNER sbaIl _lace IIIlI ~""'_ u obown 011 the "I... ............. 10 Notice 10 Owaer. All warIt sbaIl be ..'-....d oubo1l.atiaUy in IICC:OrlI-.. wilh OWNER'. Pion, . copy ofwbich is 011 tile in the Diolrict oftice of the ~ ofTIllIIIpOJ1ation at ~ 4* S1nlel. MS-M. SlID --.Gnn CA 92401-1400. DevialionI&om the OWNER', pIm dacribec1 allcM iDi1iatlld by either the STATE or the OWNER, shall be aaned upoa by both perDes be1m 1IIlder a JlI;vised Notice 10 Owaer. Such JlI;vised Noticeo 10 Owaer,IpJJIO\Ied by the STATE IIIlI apeecI.....aclmow1edpd by the OWNER, will ~ on IIJlPI'lWCi reWion of the OWNER', plan deocribed allcM 1IIlI.... hereby IIIIdc a part bcRof No wmI< 1IIlder said cIcvia1ion sba11,. .nn-.;e prior 10 wri11ea execaIioD by the OWNER of the ReYisecl Noti<:e 10 Owner. n...,p. in the ocope of the warIt will requinlon ...~ "'_nt 10 Ibis Agreement in addiliOl1lo the nMIed Notice 10 Owaer." II. LlABllIlY FOR WORK The exioIio& filcili1ieo ....1awtW1y ",_:.. ...... in thc:ir praallloca1ion IIIlI qaa1ify Ibr relocation at STATE expeuse UIllIcr the provioiooo of SectioJI 703 of the S_1IIlI H.....,. Code. III PERFORMANCE OF WORK OWNERICRCO 10...... the IIeIein cIeocribod wmI< 10 be pedolDIOd by. eoIIIraCl wilb the 1oweot qualificcl bidder, oeIecled ~ 10 a vaIid<< lJ t:1i.e bioIdlutI procecIun, IIIlIIo ...... or... 10 be fiImiIIIed all --.ry 1aJJor, maIoriaIa, 10010, IIIlI ~... . JeqUired 11>......., -' 10 pl'OIIQIlII said wmI< cJilipady 10 COIIIpIetion. UTILITY AGREEMENT (Coat.) IlW 1M (UV 4t1OQO) ....2 ol4 I u:rnny AOlUlBMENT NO. lt740 UN of~..... ..-l or ........-1 nquirIDc JodailIIIIIlIDAI ("per ~ eaqJ' II ,. will 110I be a1Iowtd widIoul prior wriIIID.......... by S_'. .....-<lldI... a..-lbr.. po. , .~ _ be _n-I in OWNER'. ___ of-' _ _1 r y raIa ,'i.. COllI. OWNE1l1lllall illchlde _ "'1'1_- wI1y local IIIlp1o)ooe or _labor is 110I" '1 'fd ~..Iilr the no1oePoll 'MlIIc...~ Pel: Diem __... 11III1 110I__ the........... ~ _ ..A. aIoWIld UDder the S1a\Ie', o..,....~ ofPenoaoel Admiaiotn1Ioa..wI ~ ........- Punuaa1loPablicWorbC-No. 2OOHIS9 d I . ..~ bytbeCalifomia:oe.-..-oflDduatrial 'eIaliono d..s October 23, 2002, 'MlIIc ,.in...... by OWNER', ............. is a public wadi: UDder the .wnm;,.., ofLaborCocle Section 172O(a) _ is thcmfore oubjectlo}llllYailillc...... Nqlih_ OWNER oba1l vaifycomp1iaDce wilh tbia ~ ia the adminio1ration of ita ..o.a_1a ~ above. IV. PAYMENT FOR WORK Tbe STATE sbaIl pay ita obaIe of the ~ 1IIlI-.ry coat of the ....... cIoacribecI 'MlIIc wilbin 45 daJa afler receipt offiw (S) oopiea of OWNER', ilowl:..d bi11, aIpocI by a ""IlO"Ol"ble oflida1 of OWNER'. ............... 1IIlI...CJ-.d.. OWNER'.." I...... 00IIIpi1od..1Ile buio of the aclDallllll-.rycoot 1IIlI~. Tbe OWNERII1a11 mainIaia.-do of.. aclDal COllI incurred IIIlI ciIarpd or ......."'" 10 the project in acc:om-o widl ncopized ...."....... priaciplea. II is llulIo.ol>MIlIIlI "IftlOd tbat the STATE will DOl pay lOr ""Y 1,.4' ....... or me- in capacity of OWNER'. faci1itioo in the aewloc:alioa IIIlI !bat OWNERII1a11 liYe credit 10 the STATE IIIlIfor the salvage va1ue of any __ or palla oalva&ed IIIlI RllIIiDed or IOId by OWNER. NoIIII<JI'e &equent1y tban 0DCe alllllD1b, but at 1eaat ~y, OWNER will prepare IIIlI submil J'IOtlRU billa for COllI incurred 110I10 exceed OWNER'. reccrded COllI U of the billina da1e leu ...u......t CRdita applicable 10 00IIIpIet0cI work. PayJMm ofJ'lOtlRU bi11a DOt 10 exceed the _ of tbia ~ maybe made UDder die...... oftbia Apeemont. PayJMm ofJ'lOtlRU bi11a which exceed the amount of tbia Ap-eomeut may be made afler receiptlllll approva1 by STATE of doonn-noo 0IIpp0IliDa the coat __1IIlI afler 811_..........10 tbia Apeeme1l1 baa be= oxtJCU1ed by the portiea 10 tbia Aat........... Tbe OWNERsbaIl submila fiaa1 bill 10 the STATE within 360 days a1lerthe CClIIIpIetion of the wadi: deocribedin Section I above. If the STATE _DOtzeceiwd. fiaa1 bill wiI1Iin 360 daJa a1ler lIIl'i~ of completion of OWNER'. wodi: deacribed in Section 1 oftbia Apeemeat, IIIlI STATE baa de1iwred 10 OWNERlblly execuled DincJor', Deedo, r_lo c- U. or Joiat u. AaI- U RlqUircd for OWNER', fMilitleo, STATE will pnwide wn-1IOlific.1jm 10 OWNER of ita ~ 10 c100e ita tile witbia 30 daJa IIIlI OWNER lHnby acbowJedaoe, 10 the _ a1Iowtd by law, tbat an .--...... COllI will be doaIIIlIIlO IoaYe be= ob'llldoned If the STATE proceaeo a fiaa1 bill for pa~ III<JI'e 1baD 360 daJa after ,.,nftr..rinn of COIIIp1etion of OWNER', WOlle, payment of the "lie bill may be oubject 10 o1loeafion lIlIIIor approval by the CaIifomia TnooportatiOl1 Ct>mm;,..;"" Tbe fiaa11ri11iD& sba11 be in the fOllll of 811 itemized -- of the lotal COOlO charged 10 the project, leu the CRdita provided for in tbia A..-, IIIlIleu ""y _ ccm:red by J'IOtlRU bi11inp. H~. the STATE sbaIl DOl pay fiaa1 bi11a which exceed the -.n-tw1 coat oftbia ~ wiIbaut dn..__ of the _lbr the iIIcreue ofuid coat &om die OWNERIIIlI approva1 of """'...........;on by STATE. EJrcept, if the fiaa1 bill exceeda the OWNER', eatima1ed cotlI solely U the.-11 of a rmacd Notice 10 0- U providecI for in Seclioa I, a copy of IBid rmacd NotU:e 10 0- oba1l suftioe .. """,. ...~ In either cue, payII*lI of the _I.... the etri- ..... coat oftbia Aat I If I maybe aubject 10 a1Iocation lIlIIIor _~a1 by the Calif<llDia TI'IIIIpOdatiaa l'",nnwni-u- In ""y """"I if the fina1 bill exceeds 125" of die eatimatocI coat oftbia Aat-. .. """"""'" UTILITY AGREEMENT (COIIt.) IlW IW (UY 41200I) .....3014 I Ul1UTY AGUEMENT NO. 1,.,41 At> -'11IIII be.-...J by the plr\iel1O dIia ~ prilw 10 the paJ-.l of the OWNER'S IiaaI biD. Ally IIIlI aU ___ __ dIM .. the dIaect.-lt of dniatIcao &om the 'WIlli< deocribed in Soctiaa I ofdlia Aat'"'"'-'l, IlllllIoMI the prilw c:oG;.......... of STATE. DoWIed.-- fIom wbic:II the biIJia& is CClIIlpiJod 11IIII be ftltaiIIed by the OWNER for a period of 1bne)lead &om the dale of the fiDalpll} ..... will be available Iilr audit by S_ atlIllIat: Federal uIiIOn. Owaer,,-IO CClaIpIy wilh c-.ct Cool PriI1<'r'''f IIIlI Procodureo U Bat bth in 4lI CFR, CbapIor 1, Part 31, <Uell., 23 CFR, CIIaplor 1, Part 645 ..!lor 11 CFR, CIIaplor I, P_ 101, 201, U aI. Ita ~obIoqlMm S- atlIllIor FecIenI audit deIe......... paymeaIo 10 be 1maItowobIe, OWNER..-lo zeimbune STATE upcIl.-ipt of STATE iliIIiq. V. GENERAl. CONDITIONS AD _ -'*' by OWNEa u. nUl of STATE', .,.. of MarcIl 6, 200810 1Wiew,Iludy atlIllIOI: prepanl moeatioa ,..1IIlI---1ilr the pIlljeot -.ciaIocI wilh dIia ~ maybe billed puIaMllo the_ 1IIlIc>>- ....:..ofdlia4 ...., If STATE', project wbic:h pN(O~ lhia Aat-.t is --"'d Ill" _fWI 00 U 10 "'nn....... the -uy of'Wllli< by OWNER, STATE will aodfy OWNEa _ wrili1lllllll STATE -....1he rip! 10 lIcmIiDaIo dIia Aat~ by ."-_1 I The...""""". . sbaIl provide IDIIuaI1y acceplable_1IIlI condiliono for 1IlnIIiDaIina the Agreement. AD ololipliom of STATE UDder the _ oflhia ~ are oabjecIlo the ~ of the IIIIlUaI Budaet Act by the S_ Leplature IIIlI the aItocatioa of these fimdo by the CaIifomia Tnmopor1lItion Commiooion. OWNER ohaIt submit. Notice of Completion 10 1he STATE wilhin 30 cIaJII of the completion of the worlt deocribed herein. STATE will acquire IlClW rigIIII ofway in the _ of oilber the STATE or OWNER1bmuch aegotia1ion 01: cnndo .......1IIlI... acquinod in STATE', _ ohaIt COl1""Y _10 OWNER by Di1eeIor', P-,-ON Deed. STATE', liability for lIUCh rigIIII ofwaywill be at the plOnliolUbown for rdocalioa 'WIlli< iIMllved UDder 1hio Ap-. When OWNER has prior rigIIII in...... which will be within the JUahway rip! of _y IIIlI where OWNER', faciIitieo wiII.-in 011 or be reIoca1ed 011 STATE hiaJtwayripl of way, a Joint u... ......0........1 01" <:"-10 c~ 1.1...~ sbaIl be <D<ecuted by the partiea. It is UIIdentood that said JUahway is a Federal aid hipway IIIlI acconIinaIy, 23 CFR, CbapIor I, PIrl645 is hereby ~ inlo dIia Ap-. UTILITY AGREEMENT (Coat.) aw J)..$ (UV 4llOOO) ....4 of4 THE esTIMATED COST TO THE STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS '1,lN58,525.oo I Ul1L1TY AGREEMENT NO. 197<41 .. A_lor lie perIad ... _ollie __ -. tin. Wlft..-..ATlON OF FUND8 upon 1IIy_..- "'1IudgoIod finis PUND TYPE FundI CanItrucIlon Funda RW Funda AMOUNT 0lI71V'8 . $ $1 ll28.00 HQ ITEM CHAP STAT Dell FY IN WITNESS WHEREOF, the above parties have 8lCeCUtIlld this STATE: ~~oItf} a=~ .:J~?f Dale the day and year above written. By .J-~ '9-d'" Dale APPROVAl RECOMMENDED: By ~:?~ MI W. ARKER SenIor ~ at WfII/ Agent (AclIng) R/W UtiHty ReIu...A.... Branch s /tok:7 Date By ~Z~ ~ at WfII/ UtIIty Coordina1Dr San BernardIno Office J.- If) -dy Dale DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY EO. oo71Vll SPEaA1. JOII oes_TION FFY 919740 09 3. 7h (N Coonllnalor D8le DIslrtbutlon: 3 origin8is to RIW Aa:ounling 3 orlgIl1IIle returned to RIW PIlInnIng & M81l11gohtenl ADA Nolice For iHh;~-I. willa dIoobilldoo, this de", is lMiIIbIo In a'-.......... For i.dO. -.;.... coil (916) 654-5413 Voioe,CRS: 1-aoo-13'-2929,or_RiPtofWI)'.II20N-'MS-37,~_CA"I]4. . . 2009~51 EXHIBIT "A3" STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORT AnON UTILITY AGREEMENT RW 13.5 (REV 4/2000) DIST co 08 Page 1 of4 SBd P.M. 8.8/10.1 EA 007192 FEDERAL AID NUMBER Non-Federal Participation FEDERAL PARTICIPATION On the project ~ YES D NO On the Utilities ~ YES D NO UTILITY AGREEMENT NO. 21245 DATE .3-1 9- ~ 1 The State of California, acting by and through the Department of Transportation, hereinafter called "STATE," proposes to add one mixed-flow lane and one HOV lane in each direction from 400m NIO 16'h Street OC to State Route 210/215 seDaration and City of San Bernardino hereinafter called "OWNER," owns and maintains sewer facilities on 191h Street within the limits of STATE'S project which requires relocation and construction of 8" sewer line on 19th Street to accommodate STATE'S project It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No. 21245 dated March 10.2009, OWNER shall relocate and construct 8" sewer facilities. All work shall be performed substantially in accordance with OWNER's Plan No. 12574, consisting of 1 sheet, a copy of which is on file in the District office of the Department of Transportation at 464 W. 4th 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 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. 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 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. UTILITY AGREEMENT (Cont.) RW 13-5 (REV 4/2000) Page 2 of4 I UTILITY AGREEMENT NO. 21245 Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25,2002, 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. 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 and necessary cost of the herein described work within 45 days after receipt of five (5) copies 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. 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 that OWNER shall give credit to the STATE for the accrued depreciation or ''used life" 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 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 maybe 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 ST ATE 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 me within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the STATE processes a fmal 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 fmal 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 fmal 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 STATE. Except, if the fmal 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 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. UTILITY AGREEMENT (Cont.) RW 13-5 (REV 4/2000) Page 3 of4 I UTILITY AGREEMENT NO. 21245 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. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter I, Part 645 and/or 18 CFR, Chapter I, Parts 101,201, et al.lfa subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse STATE upon receipt of STATE billing. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of STATE's request of October 2008 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. 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. All obligations of ST ATE under the terms of this Agreement are subject to the passage of the annual Budget Act by the State Legislature and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the STATE within 30 days of the completion of the work described herein. UTILITY AGREEMENT (Cont.) RW 13-5 (REV 4/2000) THE ESTIMATED COST TO THE STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $286,4 I 8.00 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. HQ Accountin!:l Officer Date ITEM CHAP STAT FY AMOUNT Page 4 of4 I UTILITY AGREEMENT NO. 21245 FUND TYPE EA AMOUNT Design Funds $ Construction $ Funds RW Funds 007199 $286,418.00 STATE: IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. By APPROVAL RECOMMENDED: BY~~' ~ MI HAEL W. PARKER Senior Right of Way Agent (Acting) RIW Utility Relocations Branch s/tol'()c, Date -3-/'9...:79 Date By BY~ eW~~ RUTH E. WILLIAMS Right of Way Utility Coordinator San Bernardino Office ..5-9-~ 'I Date DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: CHG DIST UNIT DIST EA f!$ L( (}l) Si n:> Prinl> Date Distribution: SUB SPECIAL JOB DESIGNATION UTILITY COMPLETES: OBJ DOLLAR FFY FA CODE AMOUNT 7 054 $286,418.00 '122 'E" 054 REVIEW/REQUEST FUNDING: 0~' RUTH E. WILLIAMS 3- 1-d Utili Coordinator Date 3 originals to RIW Accounting 3 originals returned to RIW Planning & Management ~009-51 EXHIBIT "A4" . Page 1 of4 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORT AnON UTILITY AGREEMENT RW 13-5 (REV 412000) DIST CO 08 SBd P.M. 21.8/22.1 EA 444072 FEDERAL AID NUMBER Draft FEDERAL PARTICIPATION On the project ~ YES D NO On the Utilities ~ YES D NO UTILITY AGREEMENT NO. 20887 DATE .3-/9-0'1 The State of California, acting by and through the Department of Transportation, hereinafter called "STATE," proposes replace existina 27'h Street under crossina. construct new collector distributor ramps realian local streets. and City of San Bernardino hereinafter called "OWNER," owns and maintains Sanitary Sewer System within the limits of STATE'S project which requires extendina encasement of sewer line at west and east side of State Route 215 and abandonment of existina sewer line to accommodate STATE'S project It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Revised Notice to Owner No. 20887 dated March 10. 2009, OWNER shall extend encasement and abandonment of sewer lines. All work shall be performed substantially in accordance with OWNER's Plan No.12517, consisting of 5 sheets, a copy of which is on file in the District Office of the Department of Transportation at 464 West 4th 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 agreed to/acknowledged by the OWNER, will constitute an approved revision on 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. 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 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. UTILITY AGREEMENT (Cont.) RW 13-5 (REV 4/2000) . Page 2 of4 I UTILITY AGREEMENT NO. 20887 Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25, 2002, 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. 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 and necessary cost of the herein described work within 90 days after receipt of five (5) copies 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 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 that OWNER shall give credit for the salvage value of any material for 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. If the STATE processes a final bill for payment more that 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation andlor approval by the California Transportation Commission. 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 and approval of documentation by STATE. 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 either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation andlor 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 andlor Federal auditors. . UTILITY AGREEMENT (Cont.) RW 13-5 (REV 4/2000) . Page 3 of4 I UTILITY AGREEMENT NO. 20887 OWNER agrees to comply with Contract Cost Principles and Procedures as se forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645. If a subsequent State andlor Federal audit determines payments to be unallowable, OWNER agrees to reimburse STATE upon receipt of STATE billing. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of STATE'S request of March 24, 2008 to review, study andlor prepare relocation plans and estimates for the project associated with tbis Agreement may be billed pursuant to the terms and conditions of this Agreement. 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. All obligations of STATE under the terms of this Agreement are subject to the passage of the annual Budget Act by the State Legislature and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the STATE within 30 days of the completion of the work described herein. UTILITY AGREEMENT (Cont.) RW 13-5 (REV 4/2000) THE ESTIMATED COST TO THE STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $412,500.00 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. HQ Accountina Officer Date ITEM CHAP STAT FY AMOUNT - . Page 4 of4 I UTIUTY AGREEMENT NO. 20887 FUND TYPE EA AMOUNT DesiQn Funds $ Construction $ Funds RW Funds 444079 $412,500.00 STATE: IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. OWNER: By APPRO l RECOMM NDED: By /aJ'~ :)/16107 MICHAEL W. PARKER Date Senior Right of Way Agent (Acting) R!W Utility Relocations Branch By s-/~- Date Byg-----.< C 4/~ RUTH E. WilLIAMS Right of Way Utility Coordinator San Bernardino Office .3-j-tJ'l Date DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: CHG DIST UNIT DIST EA Distribution: SUB SPECIAL JOB DESIGNATION UTILITY COMPLETES: OBJ DOLLAR FFY FA CODE AMOUNT 7 054 412,500.00 q 2.&$ 054 REVIEW/REQUEST FUNDING: Lvd.<< RUTH E. WILLIAMS Utili Coordinator Date 3 originals to R!W Accounting 3 originals returned to R!W Planning & Management