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HomeMy WebLinkAboutContracts & Agreements_268-2006_CCv0001.pdf STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT Page 1 of RW 13-5(REV i,,20001 y s Dist Co RteP.M. EA s 08 SBd 38 KP 4.6416.85 498502 Federal Aid No.: NIA Owner's File: FEDERAL PARTICIPATION: On the Project ❑ Yes ® No On the Utilities ❑ Yes ® No UTILITY AGREEMENT NO. 20243 DATE -f ZS-/ '" The State of California,acting by and through the Department of Transportation,hereinafter called"STATE,"proposes to widen State Route 38 in San Bernardino County,from Wabash Ave. to Crafton Ave in Menton CA.Construction will include new curb and gutter,shoulder reconstruction and widening and City of Redlands Municipai I itmties Department hereinafter called"OWNER,"owns and maintains water lines hydrants,meter boxes and other assorted water facilities within the limits of the STATE'S project which requires The relocation of fire hydrants,meter boxes and a blow-off. To accommodate STATE'S project It is hereby mutually agreed that: 1. WORK TO BE DONE In accordance with Notice to OWNER No.20243,Dated 4126106 and Revised on I Of 18/06,OWNER shall relocate fire hydrants,meter boxes and a blow-off, All work shall be performed substantially in accordance with OWNER'S Plan dated 4/18/06 consisting of 5 sheets,a copy of which is on file in the District office of the Department of Transportation at 464 West Fourth Street,6th Floor, San Bernardino,California 92401-1400.Deviations from the OWNER'S plan described above initiated by either the STATE or the OWNER,shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner,approved by the STATE and agreed to/acknowledged by the OWNER,will constitute an approved revision of the OWNER'S plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the Revised Notice to Owner. I:f. LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights prior and superior to those of the STATE and will be relocated at STATE expense. 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 4 0 01 s UTILITY AGREEMENT (Cont.) y RW 13-5(REV 4/2000) Page 2 of UTILITY AGREEMENT NO. 20243 Use of out-of-state personnel,or personnel requiring lodging and meal ("per ")expenses wnot be allowethut written authorization by State's representative. Requests for such permisssiondiemmust be contanedlll 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 of Industrial Relations dated October 25,2002,work performed by OWNER'S contractor is a public work under the definition of Labor Code Section 1720(a)and is therefore subject to prevailing wage requirements. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV PAYMENT FOR WORK The STATE shall pay its share of the actual and necessary cost of the herein-described work within 90 days after receipt Of five(5)copies of OWNER'S itemized bill,signed by a responsible official of OWNER'S organization and prepared on OWNER'S letterhead,complied 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"used life"or accumulated depreciation 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 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 Deed,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 files 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 OWNERS work, a may be subject to allocation and/or approval by the California Transportation Commission. p yment of the late bili 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 the final bills,which exceed the estimated costs of this Agreement without documentation of the reason for the increase of said costs 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 ekgreement shall be executed by the parties to this Agreementprior to the payment of the OWNER'S final bill Any and all increases in costs rom work described in Section I of this Agreement shall have the prior that are the direct result of deviations f concurrence of STATE. HIM UTILITY AGREEMENT (Cont.) RW 13-5(REV 4/2000) page 3 of UTILITY AGREEMENT NO, 20243 —7 Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by STATE and/or Federal auditors. OWNER agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR,Chapter 1,Part 3 Let seq.,23 CFR,Chapter 1,Part 645 and/or 18 CFR,Chapter 1,Parts 101,201,et al. If a subsequent STATE and/or Federal audit determines payments to be unallowable,OWNER agrees to reimburse STATE upon receipt by STATE billing. It is understood that the relocation as herein contemplated includes betterment to OWNER'S facilities by reason of increased capacity in the estimated amount of$85,000.00,(which represents 23.6%of the total estimate,$360,490.00, dated i I/1/06. Said 23.6%shall be applied to the actual and necessary cost of work done),and OWNER shall credit the STATE for the actual and necessary cost of said betterment,all of the accumulated depreciation and the salvage value of any materials or parts salvaged and retained by OWNER. V. GENERAL CONDITIONS All Costs accrued by OWNER as a result of STATE'S request of December 13,2005 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 the Agreement. If STATE'S project,which precipitated this Agreement,is canceled or modified so as to eliminate the necessity of work by OWNER,STATE will notify OWNER in writing and STATE reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of STATE under the terms of this Agreement are subject to the passage of the annual Budget Act by the State Legislature and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the STATE within 30 days of completion of the work described herein. i I i i UTILITY AGREEMENT (Cont.) Page 4 of 4 RW I3-5 REV 4/2000 UTILITY AGREEMENT NO. 20243 THE ESTIMATED COST TO THE STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS$275,490.00 CERTIFICATION OF FUNDS FUND TYPE EA AMOUNT I hereby certify upon my own personal knowledge that budgeted funds are Design Funds_ $ available for the period and pu se of t expenditure shown here. Construction Funds $ r RW Funds 498509 $275,490.00 Hq Accountin Otliicer ------ Date ITEM CHAP STAT I FY AMOUNT Z,- 'W�bT� IN WITNESS WHEREOF,the above parties have executed this Agreement the day and year above written. ST TVPAI OWNER: Ci of Redlands By By: 12/5/2006_ M . SMIT D e N HARR SON Date Right of Way Project Delivery Manager MAYOR San Bernardino Office ATTEST: Southern Ri t of Way Region APPROVAL C ENDED: L ri Payz 'ty Clerk / I/ o By: By t3-o/ �fl b6 SyfofN HATT,Chief, Date MICHAEL W.PARKER Date Utility Branch R/W Utility Coordinator San Bernardino Office San Bernardino Office Southern Right of Way Region Southern Right of Way Region DO NOT WRITE BELOW-FOR ACCOUNTNG PURPOSES ONLY PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES: l CHG SUB SPECIAL OBJ DOLLAR 1 # DIST UNIT DIST EA JOB DESIGNATION FFY FA CODE AMOUNT Oto 23 440 08 498509 920243 07 7 054 $275,490.00 490.00 17 054 EA FUNDI VERIFIED: REVIEW/ UE DING: I Si n:> Sign> 7A6 Print>Mary Rivas —, Print>MICHAEL W. PARKER R/W Planning and Management Date Utility Coordinator Date 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 formats. For information call(916)654-5413 Voice,CRS: 1-800-735-2929,or write Right of Way, 1120 N Street,MS-37,Sacramento,CA 95814.