HomeMy WebLinkAboutContracts & Agreements_23-1980_CCv0001.pdf FARM DRW 39 (REV.3.77)
FE EP .�s-L- AID
STATE OF CALIFORNIA District County IRoute P.M.
DEPAxTN1 NT of TRANspoRTATioN 110/ 128.3/30. 9;
08 Slid 1 130R R 1
FEOER L-AIL} FAU-M-50330 2
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INTERSTATE----FAI_-QI�0-m�_{.� ._� -------- _ SOURCE CODE NO ------ .--_-------
NOTICE NO-----------5929------ ------_-----------________._. OWNER'S FILE NO--------------- " -"-_-- ------------
UTILITIES AGREEMENT T NO-5929----------
PERCENTAGE
------_--PERCE TAGE OF FII+IA PARTICIPATION
FAI : 95% FAU: 5%
Date----------------------------------------a_4--__----.-
FIRST PARTY: State of California, acting by and through its Department of Transportation, hereinafter
called STATE.
SECOND PARTY: ------------------CITY-._UF--REDLANDS-----------------------------------------------------
hereinafter called OWNER.
I. Relocation is required of certain utility facilities of OWNER, cost of -which is to be borne by STATE because:
existing facilities are publicly owned and lawfully maintained in their
present location and qualify for relocation at State expense under the
provisions of Section 703 of The Streets and Highways Cade.
II. WORK TO RE DONE CONSISTS OF THE FOLLOWING:
In accordance with Notice to Relocate No. 5929, dated April 8, 1980 , Owner
shall furnish and install various sanitary sewer and/or distribution
water pipeline facilities and appurtenances crossing -� Improvement Route
30 Stations 1173+35+ (Pioneer Avenue) , 1187+60+ (San Bernardino Avenue) ,
1213+75+ (Lugonia Avenue) and right of � Improvement Lugonia Avenue
Station 1215+66+. Work shall be as noted and schematically shown on
Exhibit 'laps "A" through. "D" attached to said Notice; substantially as
shoe in detail_ on Owner' s contract plains consisting of 5 sheets and
dated March 14, 1980; and specifications and cost estimate by letter
dated March 19, 1980. Notice, exhibit maps, Owner's plans, specifications
and cost estimate are by reference incorporated into and made a part of
this Agreement, and are on file with owner and State' s District Office
of the Department of Transportation, 247 nest Third Street, San Bernardino,
California 924033.
Mine--, deviations from the above-described work may be made and incidental
work may be performed ed by the Owner wh n mutually acceptable by both
parties.
08-SBd-10/30-28. 3/30.9;
R31. 8/R33. 2
08-5-929
J. Owner agrees to perform a portion of the herein-described work with its
forces and to cause a portion of 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 furn-
ished all necessary labor, materials, tools and equipment required there-
for, and to prosecute said work diligently to completion.
N. Such Director' s Easement Deeds as are deemed necessary by the State will
be delivered to Owner, conveying rights of way for portions O.-EL the
'L
facilities relocated under this Agreement, over available State-owned
property outside the limits of the freeway right of way.
State' s liability for these easements will be at the proration shown for
the relocation work involved under this Agreement.
V. The State shall pay its share of the actual cost of said relocation with-
in 90 days after receipt of an itemized bill in quintuplica-te, 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 accord-
ance 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 and that Owner shall give
credit to the State for all accrued depreciation on the replaced facili-
ties and for the salvage value of any material or parts salvaged and
retained or sold by Owner.
71. CREDIT FOR BETTERMENT
Owner agrees to provide State credit for facilities betterment installation
included in the work under Section II, herein. Percentage of net cost
to State for said work, as derived by the ratio of "theoretical" compared
to "actual" facilities replacement cost as estimated and shown on Owner' s
bidding Schedule I, shall be as follows:
Percentage Estimated State
Bid Item No. State Cost Cost
1. 30'r VCP sewer (0+00/2+46) , 0% $ -0-
South of Lugonia Avenue
2. 30" VCP sewer (2+46/6+30) , 63. 46% $25,473
South of Lugonia Avenue
3. 21" VCP sewer - abandon, 85 .26% $ 1,635
South of Lugonia Avenue
4. 30" VCP sewer (1211/1215+66) , 82. 87% $51,881
in Lugonia Avenue
5. 30" VCP sewer (6+63/7+25) and 66.62% $10,396
(9+45/10+16) , south of Lugonia
Avenue
R31- 8/R33. 2
08-5929
VI. CREDIT FOR BETTERMENT (Cont'd)
Percentage Estimated State
Bid Item No. State Cost Cost
6. 30" VCP sewer (7+25/9+45) , 61. 97% $32, 364
South of Lugonia Avenue
7. Excavation earthwork (6+30/10+16) 100% $ 950
South of Lugonia Avenue
8. Import earthwork (6+30/10+16) 100% $ 1, 940
South of Lugonia Avenue
9 . 30" VCP sewer (1203+74/1211) , 79.10% $21,199
in Lugonia Avenue
10. 21" VCP sewer - abandon, 100% $ 6 ,758
in Lugonia Avenue
11. 1811 VCP sewer (1183+33/1190+90) , 100% $52,480
in San Bernardino Avenue
12. 12" VCP sewer (1190+90/1191+36) , 100% $ 8,590
in San Bernardino Avenue
13. 15" VCP sewer - abandon, , 1000 $ 3,751
in San Bernardino Avenue
14. 12" stl. water, in Lugonia Avenue 39 .14% $ 6 ,570
15. 30" stl. water, in Lugonia Avenue 100% $25 ,280
a/b
16. Fire hydrant, in Lugonia Avenue 100% $ 4,940
17. 811 stl. water, in San Bernardino 59 .80% $ 7 ,950
Avenue
18. 8" ACP water, in Pioneer Avenue 83. 35% $17 ,537
19. Sheeting - shoring (Items 1 83. 02% $43,197
through 18)
8" ACP water (1174+40/1175+57) , 83. 35% $ 3,334
in Pioneer Avenue - by City forces
Vii. At the election of the Owner, progress bills for costs incurred may be
submitted not to exceed Owner' s recorded costs as of a specific date
less estimated credits applicable to completed work where the recorded
costs are sufficient to warrant such billing.
08-SBd-10/30-28.3/30. 9;
R31.8/R33.2
08-5929
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
the Agreement, and less any amounts covered by progress billings .
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 auditors.
__II. Owner shall submit a Notice of Completion to the District Utilities
Engineer within 30 days of the completion of the work described herein.
IX. It is understood that said highway is a Federal-Aid highway and, accord-
ingly, FHPM 1-4-4 is hereby incorporated into this Agreement.
X. 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.
Right of Way $373,534. 00
Construction J_on $ 5 ,200. 00
Estimated Cost to STATE $_37_8__,_7_3_4__G_Q_
OWNER agrees to perform and STATE agrees to pay for the above-described work in accordance with
a Cerms,
-- ___o,_f___this,_-Agre-ement------------- ------------------------------ -------- I------------------------------------------------------
- -----__th ----
---------------------- -------------------------------------------------
--------------------------------------------------------____---_l ---------------
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above -written.
CITY OF R,4�52/D
------------------- ---------------------------------------
---s'-----`----- -------- - ------- ---- ------- ------------
YO/T
----— --
- ------ -- -------------
APPROVAL RECOMM&NDED: ---- ------ --
--------
---------- ------ --- -------------------------------------------------
Deputy District Director R1v
----------------------------------------- --------- - ---------------- -------------- ------- -------------- ---------------------
--------------
Asst. lUgU of Way Clwrance 1pmt Owner-_
AP PoSTATE OF CALIFOBVIA,
r- vim:
D_EP.A,uTmENT OF TAA_NsPoaTA-m-1
By--------------- -------------- -- --- ____ __------------ -----------------------
District Director
EST.3309,.499#2-SCO 3-77 10K OA OSF'
Contract Sheet of
APPENDIX A 08-SB(j-.j.Q/
_;.R3j 8/R33.
C6. Me.
During the performance of this contract, the, contractor, for itself. its
assignees and successors in interest (hereinafter referred to as the "con-
tractor") agrees as follows:
(1) Compliance with Regulations: The contr4ctor shallcomply 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 are herein
incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed
by it during the contract, shall not discriminate on the grounds of
race, color, or national origin in the selection and retention of sub-
contractor.,,, including procurements of materials and 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 employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
(3) N)livitations for Subcontrat,-is, Including Procurements of Materials
and Equipment: In all solicitations, either by competitive bidding or
negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equip-
ment, each potential subcontractor 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 by the Regulations, or directives issued pursuant
'thereto, and shall permit access to its books, records, accounts.
other sources of information, and its facilities as may he determined
by the State Highway Department or the Federal Highway Adminis-
tration to he pertinent to ascertain compliance with such Regulations
or direct ive.s. Where any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish
this informal ion, the contractor shat I so certify to the State Highway
Department., or (fit, Federal Highway Administration as appropriate.
anti shall sot forth what efforts it has made to obtain the information.
(5) Sant-tiori- 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
its it or the Federal Highway Administration may determine to be
appropriate, including, bui, not, limited to:
(a) withholding of payments to the contractor under the contract
until the contractor complies, rand/or
(b) cancellation, termination or suspension of the contract, in whole
or in part.
(6) Invorporatiott of Provisions: The contractor shall include the pro-
visions of paragraph (1) through (6) in every subcontract, including
PrOCureinvats of materials anti leases of equipment, unless exempt
by the Regulations or direvtia'e.s issued pursuant thereto. The con-
tractor Nvill take such action with respect to any subcontractor or
procurvinvilt its the State Highway Department or the Federal High-
way Adrainistra(ion may fitrect, as a means of enforcing such pro-
vision., including sanctions for noncompliance: Provided, however,
that, in the event it contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of such
direction, the contractor may request the State Highway Department
to enter into such litigation to protect the interest of the State, and,
in addition, tho contractor inay request the United States to enter
into such litigation to protect the interests of the United States.
FORM I)RW-40 (RFv. 4-77)
STATE OF CALIFORNIA Dist. 08 Co. SBd Rte. l0/P.M. 28, 3/30. 9
DEPARI"NIFNT OF TRANSPORTATION 30 H31.8/R33. 2
Not-ice No,59?2--------------- ------ --------
District..------ 08 ------- ----------------- Date
San Bernardino
------------ -------------- -------------------— California Interstate Project No. ___ tQ!0_7?_C� )_77
-AUA
Federal Aid 110 . M-50340
NOTICE TO
To: City of Redlands E.A. No. -----166,209-----------------
p.
-----16-6,2Q9---------------
P. 0. Box 280
Redlands, CA 92373 Owner's File No. _-_--..-->_.
Agreement No- ------ -------- -------
Because of the State Highway construction on Permit No . ------
08-SBd-10/30-28- 3/30.9;R31.8/R33. 2 on Rte
30 Fr 0. 5 Mi N of San Bernardino Ave to Freeway IQ Yes Ej No
Rte 10, and on Rte 10 Fr Alabama St to New York St.
which affects your following described facilities: Various sanitary sewer and/or distribu-
tion water pipelines and appurtenant facilities located in Pioneer, San
Bernardino and Lugonia Avenues, and at east side of Rte 30, from Lu gonia
Avenue southerly.
you are hereby ordered to: Relocate facilities as noted and schematically shown
on the attached Exhibit Maps "A" through "D" . Abandon facilities show''I
colored yellow and in lieu thereof, install replacement facilities shown
colored red/orange .- Facilities shown colored green may remain. Work to
be substantially as shown in detail on City' s plans dated March 14, 1980,
consisting of 5 sheets; and specifications and cost estimate by letter
dated March 19, 1980.
Your work schedule shall be as follows Schedule your work to be completed by Sept-
ember 1, 1980. Approximately 116' of 8" water pipeline placement in Pionee--,-,
Avenue to be coordinated with highway storm drain box construction; upon a '
two-week start notice, all work including tie-over and abandonment of exist-
ing facilities, shall be completed within 20 working days.
Notify State' s Util Re1oC T-
2"SKeC, TcL # (714)383-4184 48 hours
prior to initial start of work, and adltionl2211-10oAlas----------
notification for subsequent starts when work schedule is interrupted.
Liability is at State expense because existing facilities are publicly owned
and lawfully maintained in their present location and qualify for reloca-
tion at State expense under the pro visiono of Section 703 of The Streets
and Highways Code.
**NOTE: If any portion of this work is to be done by a contractor, the
State most be notified in sufficient time to obtain anthorization
Cwnsw from the Federal Highway Administration before the contractor be-
0""C"Nogins work.
Owner's repres'entative-
A- '0
j . t, 1-
TSmith DDY
EAWswenz Engi"Pr(whke)
E-J, Pm2t, BHMeelker -------------
1:3 (inspector)
RPS :pdb B
THIS NOTICE DOES NAT CONSTITUTE A PERMIT- Ass C-A�i fdi Utility -cation EQ eer
013TAIN STATE iflGHWAY PERMIT IEORFSTARTING WORK
FAI-010-2 (63) 77 08-SBd-10/30-28.3/30.9;
FAU-M-5030 (2) R31.8/R33 .2
On Rte 10 fr Calif
St to Orange St ; on Rte
30 fr 3rd St to Rte 10
08400 - 166209
AMENDMENT TO UTILITIES AGREEMENT NO. 5929
WHEREAS, the CITY OF REDLANDS, hereinafter called Owner,
and the STATE OF CALIFORNIA, acting by and through its Department
of Transportation, hereinafter called State, have entered into
that certain Utilities Agreement dated June 4, 1980, which
Agreement sets forth the terms and conditions pusurant to which
Owner will relocate interfering water and sanitary sewer pipeline
facilities to accommodate the construction of the proposed
08-SBd-10/30 freeway interchange project; and
WHEREAS, in the performance of said work, additional facili
ties relocation was found to be necessary, which consists of
lowering approximately 740 feet of 2-inch steel pipeline existing
within San Bernardino Avenue, crossing centerline Improvement
Route 30 Station 1187+90+; and
WHEREAS , Owner elects to install an 8-inch ACP replacement
pipeline as facilities betterment, which installation will be
accomplished under Notice to Relocate No. 5929-Supplement, dated
March 19, 1981 and by Contract Change Order No. 1, at a total
cost of $20, 720; and
r
WHEREAS, in consideration of said facilities betterment,
apportionment of total cost is 53.66% State ($11, 252) and 46.34%
Owner ($9, 718) ;
r
NOW THEREFORE, it is agreed between the parties as follows :
r'
1. Notice to Relocate No. 5929-Supplement, dated March 19,
1981, is hereby incorporated into Section II of said Utilities
Agreement.
2 . The following facilities betterment cost apportionment
is hereby incorporated into Section VI of said Utilities Agreement;
Percentage Estimated State
Bid Item No. State Cost Cost
C.C.O. No. 1 $53.66% $11, 252.00 -
3 .
11, 252.003 . All other terms and conditions of said Utilities Agree
ment remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this
Amended Utilities Agreement this day, of
19
CITY OFXRIEDLANDS
L
By-
APPROVAL
y APPROVAL RECOMMENDED:
By
Deputy District Director-R/h?
BY
Asst. Utility Relocation
Engineer
STATE OF CALIFORNIA
Department of Transportation
By
District Director