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HomeMy WebLinkAbout14-Development Services "' 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 <oJ " ~ =: u - '" - ~ ~ - ~ '" <.l - '" '" '" . ~ c:> - '" 00 , - ... z ~~ z ~ 0 ~r-l ~ 6 ...> '" ~i :ll ...:10 <.l ~~ <~ '" z", '" 0 u~ I.) =... z "'r-l~ ... 0 ~~< ~ 6i oo~~ ~ .,... ~'" <.l "'.... ~uz '" z< '" 0'" ~~8 . I.) r-l'" l.SH.l.e r-l~< -' ., z ~1Il~ u 0 V> 0 ~ 6i "'.......:1 I- '" <M... 1S :ll .,... I- 0:", I 0 <.l zt::::Z 1S Z '" t;~ o=~ ~ '" ~'" ....... I.) M ...,.:.'" <~r-l z U 00 0 0 6 ...:I ~'" .., ~ ~ ~~ " , !;; z ~ 8 '" 0: ...:I~ '" .. ~~ ~ ;;;Jill .... ,,",YO M I ... AVA\:!I3lI.!lOj-j :1 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 16 17 passage of this resolution. 18 //1 19 //1 20 21 22 23 24 25 26 27 28 - 1 - 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 6 7 8 9 10 11 12 13 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 15 16 17 18 19 20 21 22 23 24 25 26 27 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