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ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution authorizing the execution of Utility
Relocation Agreement Nos" 18720, 19740, 21245 and
20887 with the State of California, Department of
Transportation (Caltrans) for the relocation of City Sewer
Facilities, per Plan Nos" 12574 & 12517, due to the
widening of the 1-215 and 1-210 freeways"
Dept: Development Services
Date: February 19,2009
File: SW09-03
MCC Date: March 16,2009
Synopsis of Previous Council Action:
07/15/02 Resolution No" 2002-238 adopted approving a Freeway Agreement with the State
of California, Department of Transportation (Caitrans) for the Interstate 215
Freeway.
Recommended Motion:
1.
Authorize the Director of Finance to amend the FY 2008/09 Budget by appropriating a
total of $4,903,200 in expenditures in Acct. No. 242-362-5504-7848 and a corresponding
amount in revenues to be reimbursed by Caltrans for project "SW09-03 1-215 Sewer
Relocations."
Adopt Resolution.
~ (/, 1fHV
2"
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer
Phone: 5203
Supporting data attached: Staff Report, Resolution,
Vicinity Maps, Agreements
Ward(s): 1,2,6
FUNDING REQUIREMENTS:
Amount: 4,903,200
Source: (Acct. No.) 242-362-5504-7848
Acct. Description: SW09-03 1-215 Sewer Relocations
Council Notes:
Finance:
~S^O 20()7'- 5/
Agenda Item No.
J,/
3-/'-69
. ,
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution authorizing the execution of Utility Relocation Agreement Nos. 18720, 19740,21245
and 20887 with the State of California, Department of Transportation (Ca1trans) for the
relocation of City Sewer Facilities, per Plan Nos. 12574 & 12517, due to the widening of the 1-
215 and 1-210 freeways.
Backl!round:
The project to widen the 1-215 Freeway consists of four segments. Segment No.3, between
Orange Show Road and Rialto A venue, is currently under construction and the bridge on 5th
Street over the 1-215 (known as the early bridge phase) was completed late last year.
The following components of the 1-215 and the 1-210 projects are in the planning and design
stages:
1. Segment No. I between Rialto Avenue and 8th Street, which includes sewer relocations at 2nd
Street, Main Street, 3rd Street, Kingman Street, alley north of 5th Street, Spruce Street,
Victoria Street, 7th Street, Vine Street, and 8th Street.
2. Segment No. 2 between 8th Street and Massachusetts Avenue, which includes sewer
relocations at Temple Street, loth Street, Olive Street, II th Street, Orange Street, Baseline
Street, Virginia Street, and 17th Street.
3. Segment No.5 between Massachusetts Avenue at 19th Street, which includes sewer
relocation at Massachusetts Avenue.
4. Segment No. 11 1-210/1-215 Interchange improvements (27th Street), which includes sewer
relocation at 27th Street.
Under the provisions of Section 703 of the Streets and Highways Code, existing facilities that
conflict with freeway construction and are lawfully maintained at their present location qualify
for relocation at State expense.
Caltrans has submitted the attached Utility Agreement Nos. 18720 (1-215 Segment 1), 19740 (1-
215, Segment 2), 21245 (1-215, Segment 5) and 20887 (1-215/1-210, Segment 11) which
authorizes the City to relocate the sewer mains in or near the above streets to accommodate the
construction of the 1-215 Freeway widening and the 1-215/1-210 Interchange improvements. The
entire costs of the relocations are reimbursable from Caltrans.
This project is 100% percent reimbursable from Caltrans as part of the 1-215 widening and 1-210
Interchange improvement projects. SANBAG and Caltrans are giving these projects top priority
to receive funding under the American Recovery and Reinvestment Act of 2009 (2009 Stimulus
Bill). SANBAG now believes that construction can begin in September of 2009 on 1-210,
Segment 11 and the remaining 1-215 segments (1,2 & 5) can follow closely. It is imperative that
the City relocate its sewers as soon as possible to clear the way for the freeway projects.
2
. ,
CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
The plans and specifications for the sewer relocation have been prepared, and approval of the
attached Utility Agreements will enable staff to proceed with advertising the projects for bids. It
is estimated that the construction of the sewer relocations could start in March of 2009 and be
completed by July 2009.
Caltrans requires that all six (6) of the attached originals of the Utility Agreement be executed
and that five (5) of them be returned to Caltrans R/W Utility Branch for further processing.
Financial Impact:
The estimated costs for these projects are as follows:
Utility Estimated Total
Relocation Reach Contract Contract Extended Construction
Agreement Amonnt Administration Work Cost
No.
18720 1-215 (Seg. I) $ 1,498,500 $ 374,625 $ 374,625 $ 2,247,750
19740 1-215 (Seg. 2) $ 1,304,350 $ 326,088 $ 326,088 $ 1,956,525
21245 1-215 (Seg. 5) $ 239,000 $ 59,750 $ 59,750 $ 286,418
20887 1-210/1-215 $ 275,000 $ 68,750 $ 68,750 $ 412,500
(Sep. 11)
TOTALS $ 3,316,850 $ 829,213 $ 829,213 $ 4,903,193
Previously Allocated Amt. $ 120,000
Total Amt. Requested $ 4,783,193
An amount of $120,000 was allocated in the FY 2008/09 Budget for CIP project No. SW09-03
"1-215 Sewer Relocations". Since the estimated cost exceeds the allocated amount, an additional
$4,783,200 is needed to fund the construction, which will be reimbursed by Caltrans. A budget
amendment is needed to adjust both the revenue and expenditure amounts for this project.
Recommendation:
I. Authorize the Director of Finance to amend the FY 2008/09 Budget by appropriating a total
of $4,903,200 in expenditures in Acct. No. 242-362-5504-7848 and a corresponding amount
in revenues to be reimbursed by Caltrans for project "SW09-03 1-215 Sewer Relocations."
2. Adopt Resolution.
3
CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
Attachments
I - Segment Location Map.
2 - Resolution and Agreements (Exhibits Al through A4).
4
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CCOfPl1
1
RESOLUTION NO.
2
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute on behalf of the City
four Utility Agreements numbered 18720, 19740,21245 and 20887 with the State of California,
Department of Transportation (Caltrans) for the relocation of City sewer facilities due to the
construction of Interstate 215, segments 1,2 & 5 and Interstate 210, segment II. Copies of said
12 Utility Agreements are attached as Exhibits "AI", "A2", "A3" & "A4" and are made a part
13 hereof.
14
SECTION 2. The authorization to enter the above referenced Utility Agreements is
15
rescinded if the parties to the agreement fail to execute them within ninety (90) days of the
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passage of this resolution.
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3- /b -01
-it I i
"
I
RESOLUTION. . . APPROVING UTILITY AGREEMENT NOS. 18720, 19740,
2 21245 AND 20887 WITH THE STATE OF CALIFORNIA, DEPARTMENT OF
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
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
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7
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10
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12
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meeting thereof, held
on the
day of
,2009, by the following vote, to wit:
ABSENT
ABSTAIN
Council Members:
AYES
NAYS
ESTRADA
BAXTER
BRINKER
(VACANT)
14 KELLEY
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26
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28
JOHNSON
MC CAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of ,2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
- 2 -
Fxi:ibit ~1~.\.1"
;T ..-::;.r: C..\:"l~()?' li'_. D:::'"RT\j '~:\7 Of iP.,\:".S?(JIZTA -;IC"'l
l);].~e i c:':'
l:TILITY AGREEME:\T
RW i3 5 (REV 4/2000)
-
DIST CO RTE P.M. ' EA
08 SBd 215 6.4/7.6 0071V
Seament 1
FEDERAL AID NUMBER
ACNHI-NHI-2151(178)
FEDERAL PARTICIPATiON
I OWNER'S FiLE
C.I.P. No: SW09-03
On the project ~ YES 0 NO
On the Utilities ~ YES 0 NO
UTILITY AGREEMENT NO. 18720 DATE
The State of California, acting by and through the Department of Transportation, hereinafter called "STATE,"
proposes addina lanes and improvina interchanaes from S/O the Redlands Loop OH to S/O the 16'h Street OC on
Route 215 in the City of San Bernardino.
and
City of San Bernardino
hereinafter called "OWNER," owns and maintains
sewer lines
within the limits of STATE'S project which requires
relocation of the City of San Bernardino sewer lines as indicated on relocation plans
to accommodate STATE'S project
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Omler No. 18720 dated March 10. 2009, O\'iNER shall reolace and relocate as
shoml on the olan attached to Notice to Omler. All work shall be performed substantially in accordance with
OWNER's Plan, a copy of which is on file in the District office of the Department of Transportation at 464 W.
4" Street. San Bernardino. CA 9240]-]400.
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 O\VNER 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 OVlIler.
II. LIABILITY FOR WORK
The existing facilities are lawfully maintained in their present location and qualify for relocation at ST ATE
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.
Exhibit ,. Al'
f'"[ILlTY ACREDlEYf (Cont,)
RW 13-5 (REV 4/2000)
p~,,~: ,': ~
I UTILITY AGREEMENT NO. 18720
Use of out-of-state personnel or personnel requiring lodging and meal ("per diem") expenses will not be allowed
without prior written authorization by State's representative. Requests for such permission must be contained in
OWNER's estimate of actual and necessary relocation costs. OWNER shall include an explanation why local
employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses
shall not exceed the per diem expense amounts allowed under the State's Department of Personnel
Administration travel expense guidelines.
Pursuant to Public Works Case No. 2001-059 determination by the California Department ofIndustrial
Relations dated October 25,2002, work performed by OWNER's contractor is a public work under the
definition of Labor Code Section 1 720(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 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 fmal 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 fmal 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 Conunission.
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 O\VNER 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!, a copy of Said revised
Notice to OVv'TIer 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 Conunission.
[)..nlbit "Ai ,.
ITILlTY ACREEyIEST (Cont.)
P,,-:;c-.~ '.' '..1
RW 13-5 (REV 4/2000)
I UTILITY AGREEMENT NO. 18720
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
fmal 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 fmal payment and will be available for audit by State andlor 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 andlor 18 CFR, Chapter I, Parts 101,201, et aI. Ifa
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 15, 2007) to review, studyandlor
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 ST ATE 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
Conunission.
OWNER shall subntit a Notice of Completion to the ST ATE within 30 days of the completion of the
work described herein.
STATE will acquire new rights of way in the name of either the STATE or OWNER through
negotiation or condenmation and when acquired in 5T ATE's name, shall convey same to OWNER by
Director's Easement Deed. STATE's liability for such rights of way will be at the proration shown for
relocation work involved under this Agreement.
Where OWNER has prior rights in areas which will be within the highway right of way and where
OWNER's facilities will remain on or be relocated on STATE highway right of way, a Joint Use
Agreement or Consent to Common Use Agreement shall be executed by the parties.
It is understood that said highway IS a Federal aid highway and accordingly, 23 CFR, Chapter I,
Part 645 is hereby incorporated into this Agreement.
l Tlun \(;c:EE:\IE:\"T lCont.)
RW IJ~5 (REV 4110001
Exhi~jt ., A 1 "
p, :t>... ,:-..:.
I UTILITY AGREEMENT NO. 18720
THE ESTIMATED COST TO THE STATE FOR ITS
SHARE OF THE ABOVE DESCRIBED WORK IS
$2,247,750.00
CERTIFICATION OF FUNDS
I hereby certify upon my own personal kno\oVledge that budgeted funds
are
Available for the period and purpose of the expenditure shown here.
HQ Accountina Officer Date
ITEM CHAP STAT FY AMOUNT
FUND TYPE EA AMOUNT
Desian Funds $
Construction $
Funds
RW Funds 0071V9 $2,247,750.00
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above wrilten.,,--
STATE: OWNER: City of San Bernardino <....--
By
Date
LINDY K. LEE
Deputy District Director
Right of Way
APPROVAL RECOMMENDED:
By M~'-
MICHAEL W. PARKER
Senior Right of Way Agent (Acting)
RIW Utility Relocations Branch
S (;Dk?
Date
By
Date
MARK WEINBERG
Interim City Manager
By
?---- /0 rOt?'
Date
DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY
PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES:
T DOCUMENT SUF CHG SUB SPECIAL OBJ DOLLAR
CODE NUMBER FIX DIST UNIT DIST EA JOB DESIGNATION FFY FA CODE AMOUNT
UA18720 08 440 08 0071V9 918720 09 6 054 2,247,750.00
EA FUNDING VERIFIED:
Siqn:>
Print> KATHY CASEY
R/W Plannina and Manaaement
Date
REVIEW/REQUEST FUNDING:
Sian>
Print> RAY HIGGINS
Utilitv Coordinatar
Date
Distribution: 3 originals to RIW Accounting
3 originals returned to RIW Planning & Management
ADA Notice For individuals with dis<lhilities, this document is available in alternate formats. For infonn::nion 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:!"
AT=::. C.F C.,",-i..lt~~'~)\IA . DEP'~,RTME)\;T O~ lKAJ'SPljRTA TJC:--i
r;,gei,.:...
liTlLITY AGREEMEl'iT
RW 13 5 (REV 4/2000)
DIST CO RTE P.M. EA
08 SBd 215 7.5/9.0 0071V
Seament 2
FEDERAL AID NUMBER I OWNER'S FILE
ACNHI-NHI-2151(178) C.I.P. SW09-03
FEDERAL PARTICIPATION
On the project ~ YES 0 NO
On the Utilities ~ YES 0 NO
UTILITY AGREEMENT NO. 19740 DATE
The State of California, acting by and through the Department of Transportation, hereinafter called "STATE,"
proposes wideninG, realiGnment. additional lanes, and interchanGe improvements on State Route 215 in the citv of
San Bernardino from S/O the Redlands Loop Oh to S/O the 16th Street OC
and
City af San Bernardino
hereinafter called "OWNER," owns and maintains
sewer lines
within the limits of STATE'S project which requires
relocation of the City of San Bernardino sewer lines as indicated bv their relocation plan.
to accommodate STATE'S project
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 19740 dated March 10.2009. OWNER shall reolace and relocate as
shown on the vtan attached to Notice to Owner. All work shall be performed substantially in accordance with
OWNER's Plan, a copy of which is on file in the District office of the Department of Transportation at 464 W.
4'" Street, MS-M. 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 panies hereto under a Revised
Notice to Owner. Such Revised Notices to Owner, approved by the ST ATE and agreed to/acknowledged by the
OWNER, will constitute an approved revision of the O\VNER's plan described above and are hereby made a
pan 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.
Exhibit ".".::!"
LTlLITY AGREE;\lE."iT (Cont.)
RW ]3-5 (REV 4/2000),
hg~:' ..:.
I UTILITY AGREEMENT NO. 19740
Use of out-of-state personnel or personnel requiring lodging and meal ("per diem") expenses will not be allowed
without prior written authorization by State's representative. Requests for such permission must be contained in
OWNER's estunate of actual and necessary relocation costs. OWNER shall include an explanation why local
employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses
shall not exceed the per diem expense amounts allowed under the State's Department of Personnel
Administration travel expense guidelines.
Pursuant to Public Works Case No. 2001-059 determination by the California Department ofIndustrial
Relations dated October 25, 2002, work performed by OWNER's contractor is a public work under the
defInition of Labor Code Section 1 720(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 acrual 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 acrual 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 ST ATE 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 subrnit
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 afterreceipt 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 O\VNER 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 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 Conunission.
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 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 O\VNER'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. pa)'ffient of the amount over the
estimated cost of this Agreement may be subject to allocation andlor approval by the California
Transportation Conunission.
In any event if the final bill exceeds 125%, ofthe estimated cost of this Agreement. an .tunended
Exhibit" .'\2"
LTILlTY AGREE;\\[.'I;T (Cont.)
RW 13.5 (REV 412000)
" ~
I UTILITY AGREEMENT NO. 19740
Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER'S
fmal 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. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR,
Chapter I, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and/or 18 CFR, Chapter I, Parts 101,201, et aL Ifa
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 March 6, 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 ST ATE'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 armual
Budget Act by the State Legislature and the allocation of those funds by the California Transportation
Commission.
OWNER shall subntit a Notice of Completion to the STATE within 30 days of the completion of the
work described herein.
STATE will acquire new rights of way in the name of either the STATE or OWNER through
negotiation or condemnation and when acquired in STATE's name, shall convey sarne to OWNER by
Director's Easement Deed. STATE's liability for such rights of way will be at the proration shown for
relocation work involved under this Agreement.
Where OWNER has prior rights in areas which will be within the highway right of way and where
OWNER's facilities will remain on or be relocated on STATE highway right of way, a Joint Use
Agreement or Consent to Common Use Agreement shall be executed by the parties.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter I,
Part 645 is hereby incorporated into this Agreement.
Exhibit "A2"
CTILlTY AGREDIE:\'T (Con!.)
P:1ge": l:~ 4-
RW 13~5 (REV 4/2000)
I UTILITY AGREEMENT NO.
19740
THE ESTIMATED COST TO THE STATE FOR ITS
SHARE OF THE ABOVE DESCRIBED WORK IS
$1,956,525.00
FUND TYPE EA AMOUNT
Desion Funds $
Construction $
Funds
RW Funds 0071V9 $1,956,525.00
CERTIFICATION OF FUNDS
I hereby certify upon my O'M1 personal kno1N1edge that budgeted funds
are
Available for the period and purpose of the expenditure shown here.
HQ 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 ~
By By
LINDY K. LEE Date MARK WEINBERG Date
Deputy District Director Interim City Manager
Right of Way
APPROVAL RECOMMENDED:
7\~ ~GZ~
By .~:i), . ?!o/tJ? By '3--/{) >09
MICHAEL W. PARKER Date Date
Senior Right of Way Agent (Acting) Right of Way Utiiity Coordinator
R/W Utility Relocations Branch San Bernardino Office
DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY
PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES:
T DOCUMENT SUF CHG SUB SPECIAL OBJ DOLLAR
CODE NUMBER FIX DIST UNIT DIST EA JOB DESIGNATION FFY FA CODE AMOUNT
UA19740 08 440 08 0071V9 919740 09 6 054 1,956,525.00
EA FUNDING VERIFIED:
REVIEW/REQUEST FUNDING:
R!W Plannino and Manaoement
Date
Sian>
Print> RAY HIGGINS
Utilitv Coordinator
Date
Sian:>
Print> KATHY CASEY
Distribution: 3 originals to R/W Accounting
3 originals returned to R/W Planning & Management
ADA Notice For individuals with disabilities, this document is available in alternate fonn.1ts. For infonnation call (916) 654-5413
Voice, CRS: 1-800-735-2929, or \.\-Tite Right of Way, 1120 ~ Street, MS-37, Sacramento, C A 95814.
Exhibi~ "i\.~"
5:- <lTE tJf C/i,_ ,-,-~i:','::.~-_ . DEPART~~:::NT ur TRA\;$PORTA TIOt'
CTlLITY AGREEMENT
RW 13-5 (REV 412000)
DIST CO
08 SBd
FEDERAL AID NUMBER
Non-Federal Participation
FEDERAL PARTICIPATION
;'ag" : "
P.M.
8.8/10.1
EA
007192
On the project [8:1 YES 0 NO
On the Utilities [8:1 YES 0 NO
UTILITY AGREEMENT NO. 21245 DATE
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 N/O 16th Street OC to State
Route 210/215 separation
and
City of San Bernardino
hereinafter called "OWNER," owns and maintains
sewer facilities on 19th 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 perionned 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. 4'" 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 Ovmer.
II. LIABILITY FOR WORK
The existing facilities are la\Vfully 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 periormed 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" A3"
FIILTY .\GREE:\IE.\'T (Cont.)
RW )).StREV 4;2000)
Page:: cr 4
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 I 720(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 subntit
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 subntit a fmal 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 fmal 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 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. Exccpt. 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 0-wner shall suffice as documentation. In either case. payment of the amount over the
estimated cost of this Agreement may be subject to allocation andior approval by the California
Transponation 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.
Exhibit "A3"
UTILITY AGREEMENT (Cont.)
RW 13-5 (REV 4/2000)
Page3of4
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 fmal 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. Ifa
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 ST ATE'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.
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
Conunission.
OWNER shall subrnit a Notice of Completion to the STATE within 30 days of the completion of the
work described herein.
LT lLTY AGREDIE'\T (Cont.)
RW 13-5 (REV 4/2000)
Exhibit "A3"
Page 4 of 4
I UTILITY AGREEMENT NO. 21245
THE ESTIMATED COST TO THE ST ATE FOR ITS
SHARE OF THE ABOVE DESCRIBED WORK IS
$286,4 I 8.00
CERTIFICATION OF FUNDS
I hereby certify upon my own personal kno'NIedge that budgeted funds
are
Available for the period and purpose of the expenditure shown here.
HQ Accountinq Officer Date
ITEM CHAP STAT FY AMOUNT
FUND TYPE EA AMOUNT
DesiQn Funds $
Construction $
Funds
RW Funds 007199 $286,418.00
c;
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
STATE:
By
LINDY K. LEE
Deputy District Director
Right of Way
Date
APPROVAL RECOMMENDED:
II ~
By 4; (j, ~
MICHAEL W. PARKER
Senior Right of Way Agent (Acting)
RIW Utility Relocations Branch
sl(o/o ~
Date
OWNER: City of San Bernardino
By
MARK WEINBERG
Interim City Manager
Date
By t!lx/. E tu~(." ~'v>/J
RUTH E. WILLIAMS
Right of Way Utility Coordinator
San Bernardino Office
c5-9-.t1 '1
Date
DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY
PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES:
T DOCUMENT SUF CHG SUB SPECIAL OBJ DOLLAR
CODE NUMBER FIX DIST UNIT DIST EA JOB DESIGNATION FFY FA CODE AMOUNT
UA 7 054 $286,418.00
UA 054
EA FUNDING VERIFIED:
Sian:>
Print>
RfIIII Plannina and Manaaement
Date
Distribution:
REVIEW/REQUEST FUNDING:
Si n>I1,,-- _ !..f...!.LA.-c.( ;-vu-.
Print> RUTH E. WILLIAMS
3- l-cJo-
Utili Coordinator
Date
3 originals to RIW Accounting
3 originals returned to RIW Pianning & Management
Exhibit "A..."
~, ~r nf ~ :~.UFCiE"";!.1. - D::n.':'.RT\;c'\T .:)F H:.A:\:;POR:A T1QS
"::.:!;;i 0:4
LTILITY AGREEMEl"T
RW ] 3.5 (REV 4/2000)
DIST CO
08 SBd
FEDERAL AID NUMBER
Draft
FEDERAL PARTICIPATION
P.M.
21.8/22.1
EA
444072
On the project [8J YES 0 NO
On the Utilities [8J YES 0 NO
UTILITY AGREEMENT NO. 20887 DATE
The State of California, acting by and through the Department of Transportation, hereinafter called "STATE,"
proposes replace existina 27'" 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. ~ 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.
Exhibit" A.f'
C lIUTY AGREE~IE~T (Cont.)
RW 13.5 (REV 4,2000)
t)J.,~:; :::
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 ST ATE shall pay its share of the actual and necessary cost of the herein described work within gO
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 frequenUy 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 acknowiedges, 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 and/or 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 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.
E,:hihit ..A.....
CTIUT\" A('REL\1E~T (Com.!
P.l.\!:'; ~- ."
RW 13-5 (REV 4;2000)
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 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 March 24, 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 STATE under the terms of this Agreement are subject to the passage of the annual
Budget Act by the State Legisiature 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.
Exhibit "A4"
CTL,TY \GREE'\lE'iT (Cont.)
RW 13-5 (REV 4,2000)
Plc~ ~
I UTILITY AGREEMENT NO. 20887
THE ESTIMATED COST TO THE STATE FOR ITS
SHARE OF THE ABOVE DESCRIBED WORK IS
$412,500.00
FUND TYPE EA AMOUNT
Desion Funds $
Construction $
Funds
RW Funds 444079 $412,500.00
CERTIFICATION OF FUNDS
I hereby certify upon my own personal knovvledge that budgeted funds
are
Available for the period and purpose of the expenditure sho'M1 here.
HQ AccountinQ Officer Date
ITEM CHAP STAT FY AMOUNT
c;
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
STATE:
OWNER: City of San Bernardino
By
By
MARK WEINBERG
Interim City Manager
Date
LINDY K. lEE
Deputy District Director
Right of Way
Date
APPROVAL RECOMMENDED:
By
lv.' \)~
MICHAEL W. PA~KER
Senior Right of Way Agent (Acting)
RIW Utility Relocations Branch
}/IO!oC1
Date
BY.f2x~ C t;/t.L-U~;~?
RUTH E. WilLIAMS
Right of Way Utility Coordinator
San Bernardino Office
3-7-tJf
Date
DO NOT WRITE BELOW. FOR ACCOUNTNG PURPOSES ONLY
PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES:
T DOCUMENT SUF. CHG SUB SPECIAL OBJ DOLLAR
CODE . NUMBER FIX DIST UNIT DIST EA JOB DESIGNATION FFY FA CODE AMOUNT
UA 7 054 412,500.00
UA 054
EA FUNDING VERIFIED:
REVIEW/REQUEST FUNDING:
Si n> !~<U.tLd.
Print> RUTH E. WilliAMS
.?
Sian:>
Print> KATHY CASEY
RN.J Plannina and Manaaement
Date
Utili Coordinator
Date
Distribution:
3 originals to RIW Accounting
3 originais returned to RIW Planning & Management