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HomeMy WebLinkAboutContracts & Agreements_8-1977 f 12 ( �) TO• Robert Mitchell FROM David V. Garcia DATE• April 18, 1977 SUBJECT• Relocation of Mill Creek Water Pipeline Utilities Agreement We have received from the California Department at Transportation, a "Notice to Relocate" an existing 12-inch water pipeline from Mill Creek Well No. 2 . We have also received the necessary "Utilities Agreement No 6108" relative to this pipeline relo- cation. This agreement indicates that the State will reimburse the City for the cost to relocate the pipeline It is recommended that the City Council, at its regular meeting on April 19, 1977, authorize the execution of Utilities Agreement No. 6108 and authorize the calling of bids for the relocation work cr FORM DH ORW 39 (REV 7 73) STATE OF CALIFORNIA District County Route P M B A DEPARTMENT OF TRANSPORTATION 08 SBd 38 12 . 2/14 . 9 117209 INTERSTATE Calif. FH Pro . 68-1 (1)Mill Cr-SOURCE CODE NO 08440 _ _ NOTICE NO 610 8 _ OWNER'S FILE NO. __ _ _ UTILITIES AGREEMENT NO. _6 la 8 _ __ _ Date FIRST PARTY State of California, acting by and through its Department of Transportation, heremafter called STATE SECOND PARTY CITY OF REDLANDS heremafter called OWNER. I. Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because Of the Company' s prior rights as established in Grant Deed, dated February 27, 1929 , recorded December 31, 1931, in Book 780, Page 15, Official Records of San Bernardino County. II. WORK TO BE DONE CONSISTS OF THE FOLLOWING In accordance with Notice to Relocate No. 6108, dated March 23 , 1977, Owner shall furnish and install 1. Approximately 1500 '-12" 12 gauge dipped and wrapped pipe, right from Engineer' s Station 505+20 , to Engineer' s Station 520+10 centerline of improvement, and approximately 760 '- 2" , schedule 40 PVC pipe right from Engineer' s Station 505+20 to Engineer ' s Station 512+70 centerline of improvement. 2. Approximately 190 ' -12" 12 gauge dipped and wrapped pipe thru approx- imately 1901 -18" 1/4" wall steel casing crossing at Engineer' s Station 562+80 centerline improvement. All work shall be performed substantially in accordance with Owner' s plan consisting of two sheets, copies of which are on file in the District Office of the Department of Transportation, 247 West Third Street, San Bernardino, California 92403. Minor deviations from the above-described work, may be made and incidental work performed by the Owner when mutually acceptable to both parties and upon approval by the State. • III. 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 therefor, and to prosecute said work diligently to completion. IV. The State shall pay its share of the actual cost of said relocation within 90 days after receipt of an itemized bill in quintuplicate, signed by a responsible official of Owner' s organization, compiled on the basis of the actual cost and expense. The Owner shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. It is understood and agreed that the State will not pay for any better- ment or increase in capacity of Owner' s facilities and that Owner shall give credit to the State for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by Owner. V. Detailed records from which the billing is compiled shall be retained by the Owner for a period of four years from the date of the final bill and shall be made available for verification by State and Federal auditors. VI. It is understood that said highway is a Federal-Aid highway and, accordingly, Policy and Procedure Memorandum 30-4 is hereby incorporated into this Agreement. VII. Owner hereby agrees to comply fully with all of the provisions of Appendix "A" , which is attached and which is incorporated in full herein by this reference This clause shall be applicable only in those cases where the Owner does not perform the work with Owner' s Own forces. ,. Estimated Cost to STATE $2 6,4 0 0 .0 0 OWNER agrees to perform and STATE agrees to pay for the above described work in accordance with the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written CITY OF REDLANDS By: si Charles_G DeMirayn Mayor of the City of Redlands APPROVAL RECOMMENDED - -- Deputy District Director R/W -W Right of way Clearance Agent - - - Owner__ APPROVED. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By District Director EST 8157 15577 570 7 71 tool 0 A asp Contract Sneet - 4 of .4 - APPhNIII\ A SBd 38 12 2/14 9 Co (ate- F' M During the performance of this contract, the contractor, for itself, its assigns and successors in interest (hereinafter referred to a-s the "con- tractor") agrees as follows (1) (,ompliancc with Regulations The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which arc herein incorporated by reference and made a part of this contract (2) Nondiscrimination The contractor, with ,egard to the work performed by it during the contract, shall not disc~+minate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials anti leases of equip- ment The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the Regulations, including eniploynient practices when the contract covers a program set forth in Appendix B of the Regulations (3) Solicitations for Subcontracts Including Procurements of Materials and U quipnicnt In all solicitations, either bs competitive bidding or negotiation made by the contractor for work to he performed under a subcontract, including procurements of materials or leases of equip ment, each potential subcontra tor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin (4) information and Reports The contractor shall provide all information and reports required bs, the Regulations, or directives issued pursu nt tnereto, and shall permit access to its books, records accounts other sources of information, and its facilities as mas be determined by the State Highway Department or the Federal Highway Adminis tration to be pertinent to ascertain compliance with such Regulations or directives Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the 'tate Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information (5) Sanctions for Noncompliance In the event of the contractor s non compliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part (6) Incorporation of Prosisions The contractor shall include the pro- visions of paragraph (1) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursu int thereto The con- tractor will take such action with respect to any subcontractor or procurement as the htate Highway Department or the Federal High- way Administration may direct as a means of enforcing such pro- visions including unctions for noncompliance Pros tried, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor ma' request the State highway Department to enter into such litigation to protect the interest of the State, and, in addition, the contractor matt request the United States to enter FEDERAL AilyRM HR/W 40A (REV 7 73) STATE OF CALIFORNIA Dist 08 Co SBdRte 38 P M 9 .6/15 .0 Department of Transportation Utilities Notice No 6108 District OS-- Date March 23, 1977 San Bernardino ,California Interstate (ma's) (No) Project No FH 68-1(2) NOTICE TO RELOCATE UTILITY FACILITY To City of Redlands Contract No. P. 0. Box 280 Permit No, 877-0- 736, 747 Redlands, CA 92373 Agreement No ID Yes Because of the State highway construction on: 08-SBd-38, Freeway From Mt. Home to Forest Home Boulevard ❑No which affects your following described facilities 12" domestic water main 1) Rt. E .S. 505+20 to E .S 520+10 0 Imp. 2) Crossing E.S. 562+80 Imp. you are hereby ordered to relocate as follows See Attached Your work schedule shall be as follows Plan your work of relocation to be clear of proposed construction at the earliest possible date. Notify Staters Utility Relocation Inspector (714 383-4148) 48 hours prior to initial start of work, and additional 24 hours notification for subsequent starts when work schedule is interrupted. This relocation is at State expense because: ;V'".,4 of prior rights evidenced in deed dated 2/27/29 recorded 12/31/31 Book 780 page 15 Official Records of San Bernardino County, California. Copies to ®6wner(white) RE Sma l l ©Owner's representative: J e E. PE DDY S. P. Stockton (white) _ BHMeelker o Residence Engineer(white) District Director ❑Office Copy(yellow) ) tl.Q.Ii/W(pink) /[]Peralita(goldenrod) By �C� Asst.Right of Way C)oarance Agent JHW•mr THIS NOTICE DOES NOT CONSTITUTE A PERMIT. g, OBTAIN STATE HIGHWAY PERMIT BEFORE STARTING WORK. 08-SBd-38-9 .6/15 .0 08-6108 March 23, 1977 FH 68-1(2) You are hereby ordered to relocate as follows: 1) Place approximately 1500' - 12" 12 gauge D & W pipe Rt. from E .S. 505+20 to E .S. 520+10 Imp. and approximately 760' - 2" schedule 40 PVC pipe Rt from E . 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Yellow - Abandon or ___ .......7) \\A, Ii I ( ' ET • ...,„......,A1, ", ,,........_ Remove CITY MANAGER (Continued) A quitclaim deed from the City to Lewis Homes, which is Quitclaim required in order to release easement no longer needed Deed by the City, was approved on motion of Councilwoman To Lewis Grace, seconded by Councilman Knudsen, with the Mayor Homes and City Clerk authorized to sign in behalf of the City. On motion of Councilwoman Grace, seconded by Councilman Miller, authorization was given for the City Council to dedicate portions of a street for street right-of-way at Olive Avenue and San Mateo Street, with the Mayor City and the City Clerk authorized to sign the deed in behalf Dedication of the City This motion included the authorization to For Street accept this property This transfer is necessary before Purposes disposing of the remainder of a parcel of property purchased for street purposes The motion was seconded by Councilman Miller and unanimously approved Two dedications for street purposes were unanimously Dedications accepted. One was from J J. and R P Quintana to Quintana & the City of Redlands, accepted on motion of Councilman Painter-Dacre Miller, seconded by Councilman Elliott The second was to the City of Redlands from K. A Painter, P L Painter, S D . Dacre, and J L Dacre, this on motion of Council- man Elliott, seconded by Councilman Miller A claim from Duane Z Pool against the City was denied Claim in routine fashion and referred to the City' s insurance Pool carrier on motion of Councilman Miller, seconded by Councilman Elliott. Following contact by the City staff of the residents on Center Crest Drive, it is determined that the City ' s Bid Award portion of the installation of sewers on Center Crest Center Crest Drive will be $13 , 517 .00 On motion of Councilman Drive Sewer Miller, seconded by Councilman Elliott, the bid tor the installation of this sewer was awarded to Rogers and Davies in the amount of $31, 553 00, this being the lowest and fully qualified bid. This award was made on motion of Councilman Miller, seconded by Councilman Elliott, Funds and funds will be drawn from the remainder of the Via Vista project sewer funds Resolution On motion of Councilman Knudsen, seconded by Councilwoman No. 3347 Grace, unanimous Council approval was given to Resolution No 3347, a resolution of the City Council of the City of State Grant Redlands approving the application for 1976 State Grant Prospect Park monies for the Prospect Park Theatre Page five - April 19, 1977 CITY MANAGER (Continued) City Manager Mitchell reported the City had received Utilities notice to relocate an existing 12-inch water pipeline Agreement from Mill Creek Well No. 2 . Following explanation, on No. 6108 motion of Councilwoman Grace, seconded by Councilman Pipeline Miller, authorization was given for the Mayor to sign Relocation the Utilities Agreement No . 6108 which will qualify for Federal Aid By the same motion, authorization was Bid Call given for the City Clerk to advertise for bids on the Pipeline relocation of this pipeline. The state agrees to pay for the cost of this relocation. Resolution Resolution No . 3349, a resolution of the City Council No. 3349 of the City of Redlands establishing Sherril Lane Assess- ment District., Resolution of Intention, was unanimously 1911 Act adopted on motion of Councilman Knudsen, seconded by Councilman Elliott. Councilman Elliott gave a brief report on the Omnitrans cash flow problem and the various methods considered Omnitrans for handling this situation Mr Elliott reported that $118, 000 00 was the Redlands ' portion required for pres- ent financing The staff was requested to study the problem and bring a recommendation . Mayor DeMirjyn noted that Recreation Commission Chair- man Rich Kennedy was in the audience, and added that Mr. Kennedy had walked the ten miles in the Walk-a- thon . Bills and salaries were authorized paid as approved by the Finance Committee . There being no further business, the Council ad]ourned, on motion, at 8 :20 P M Next regular meeting, May 3 , 1977 . Respectfully submitted, C i tAgk Page six - April 19, 1977