HomeMy WebLinkAboutUtility AgreementSTATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
RW 13-5 (REV I2/2012)
Page I of 5
1 DISTRICT
COUNTY
SD
ROUTE
805
POST MILE ' PROJECT ID
9.5-10.3 111200216
EA
2T2501
FEDERAL PARTICIPATION
N/A
OWNER'S FILE NUMBER
FEDERAL PAR TICJPATION
On the Project ❑ Yes Z No On the Utilities ❑ Yes ® No
Owner Payee Data No. VC0000023346 or Form STD 204 is attached ❑
UTILITY AGREEMENT NO 33615 DATE
The State of California; acting by and through the Department c Transportation, hereinafter called "STATE,".proposes to .•
widen the outside lanes I -805, in San Diego County in National City, from Grove Street overcrossing to Plaza Blvd undercrossirig
And
NAME: Citv of National City
ADDRESS: 1243 National City Blvd. National City, CA 91950
hereinafter called "OWNER," owns and maintains an 8 inch sewer line within the limits of STATE's project which requires
relocation to accommodate STATE's project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No.33615 dated 1/21/2014 STATE shall relocate OWNER's sewer line as shown on STATE's
contract plans for the improvement of State Route 805, EA 2T2504 which by this reference are made a part hereof. OWNER hereby
acknowledges review of STATE's plans for work and agrees to the construction in the manner proposed. Deviations from the 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 S'IA i'E and agreed to/acknowledged by the OWNER, will constitute an
approved revision of the 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. OWNER shall have the right to inspect the work during construction. Upon
completion of the work by STATE, OWNER agrees to accept ownership. and maintenance of the constructed facilities and relinquishes
to STATE ownership of the replaced facilities, except in the case of liability determined pursuant to Water Code 7034 or 7035. •
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 shall have access to all phases of the relocation work to be performed by STATE, as described in Section 1 above, for the
purpose of inspection to ensure that the work is in accordance with the specifications contained in the Highway Construction Contract;
however, all questions regarding the work being performed will be directed to STATE's Resident Engineer for their evaluation and
dal disposition.
UTILITY AGREEMENT (cont.) Page 2 of 5
UTILITY AGREEMENT NO.
33615
TV. 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, 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. The OWNER'S billing
cost to the state is $10,000.00.
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 salvage value of any materials 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 bilis 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 naay be madeunder 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, if required for OWNER's facilities, STA 1•E 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 STA 1'!=. 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 final billing shall be in the form.of an itemized statement of the total costs charged to the project, lessthe 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
theamount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation
Commis sion.
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 STA1'E.
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. 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 July 25, 2013 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.
UTILITY AGREEMENT (cont.) Page 3 of 5
UTILITY AGREEMENT NO.
33615
GENERAL CONDITIONS (Continued)
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 the completion of the work described herein.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is
hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, BA, are also incorporated into this agreement. The BA
requirements are further specified in Moving Ahead for Progress in the 21e Century (MAP-21), section 1518;23
CFR 635.410 requires that all Manufacturing processes have " occurred in the United States for steel arid iron
products (including the application of coatings) installed on a project receiving funding from the FHWA.
UTILITY AGREEMENT (cant.)
Page4 of 5
UTILITY AGREEMENT NO.
33615
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
STATE: DEPAR 1 OF RA.NSPORTAT!ON
. By
Name O' UT t C1W;C
Tine Utility Relocation Branch
Right of Way Division
APPROVAL RECOMMENDED:
By `.`' - ; LL — 1
Name Kinze Monololo
Title Utility Coordinator
Right of Way
ate
OWNER. CITY OF NATIONAL CITY
By
Name
Title
By
Name
Title
Date
Date
THIS AGREEMENT SHALL NOT BE EXECUTED BY THL STATE OF CALIFORNIA — DEPARTMENT OF
TRANSPORTATION UNrLL FUNDS ARE CERTIFIED.
Do NOT WRITE BELOW - FOR ACCOUNTING PURPOSES ONLY
PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS:
UTILITY COMPLETES:
T •
COM,
DOCUMENT
SLR
fl''1€
DIST
UNIT
CHG
DIST
PROJECT 1
ID PHASE
SPECIAL
DESIGNATION
FFY
FA
oBJ
CODE
DOLLAR
AMOUNT
1/Ab334 IS
li
$37
11
/ 113,56 a a-(t•
/
R 33{otS
1'F
i
US'/I
S !U, bid •cif
UA
,
PROJECT ID FUNDING VERIFIED:
Sign:>
Joey York
kW Planning and Management
!•lG�1�
Date
REVIEW/REQUEST FUNDING:
Sign>
Print> Kinze Monololo
Utility Coordinator
Date
THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 18.000.00 ,
CERTIFICATION OF FUNDS
I hereby certify upon my own personal knowledge that budget Rands are
available for the period and purpose of the expenditure shown here.
Planning and Management
Date
ITEM
CHAP STAT
FY
AMOUNT
+
013
I3 f k /d, t3 • al)
Distribution: 2 originals to RIW Accounting
I original to Utility Owner
1 original to Utility File
FUND TYPE
PROJECT ID
AMOUNT
Design Funds
.
$
Construction Funds
2T2504
. i S 8,000.00
RW Funds
2T2509
i S 10,000.00
Vendor/Customer. VC 0000023346
Address ID: I AD001