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Home My WebLink AboutCaltrans utility agmt ARNOLD SCHWARZF.NRGGFR,Governor Flex your power! Be energy efficient ! MAY 2 2 2007 E Ili 1..+ •STAT,A OF CAI JFORNIA—RJ ISINRSS, TRANSPORTA ND HOUSING AGENCY DEPARTMENT OF TRANSPOR ATIO N 50 HIGUERA STREET SAN LUIS OBISPO, CA 93401-541 5 TELEPHONE (805) 549-357 7 FAX (805) 549-355 8 TTY (805) 549-3259 http :!i wvvw .dot.ca. govidist05 May 21, 200 7 05/SLO/001/P M SLO 1 — SANTA ROSA IMPROVEMENT PROJEC T R/W — 49190 1 Mr. W . Dan Gilmore, P E City of San Luis Obisp o 879 Morrow Street San Luis Obispo, CA 9340 1 RE : Utility Agreement 05-UT-1253 .69 2 Dear Mr . Gilmore : Enclosed for your files is the fully executed Utility Agreement 05-UT-1253 .692 between th e State of California and the City of San Luis Obispo concerning utility work that will b e completed for the City's facilities during the State's project to improve a portion of Highwa y 1 (Santa Rosa Street) in the city of San Luis Obispo . Thank you for all your assistance and cooperation on this project . If you have any question s please contact me at (805) 549-3577 . CITY OF SAN LUIS OBISP OUlL(TIES DEPT. Very truly yours , La I P . Grange r Ri ht of Way Agen t U ility Relocatio n jam' Enclosure cc : JoAnne Engelmann, Design Engineer P: jwhitelelLPGl491901 - transmit signed UT to the City of SLO .do c "Caltrans improves mobility across California" 1- YdSTATE OF CALIFORNIA • DEPARTMENT OFT SPORTATION Page 1 of 4UTILITY AGREEMEN T RW 13-5 (Rev . 4/2000 ) Dist Co Rte KP (P .M .)EA 5 SLO 001 (16 .6 — 18 .1)49190 1 Federal Aid No .: N/A Owners File : N/A FEDERAL PARTICIPATION : On the Project Yes q N o On the Utilities q Yes 1 No UTILITY AGREEMENT NO . 05-UT-1253 .692 DATE April(Z1Z-007 The State of California, acting by and through the Department of Transportation, hereinafter called "STATE," proposes to improve a portion of Highway 1 in the city of San Luis Obispo from Walnut Street to 0 .1 km north of Westmont Drive, and the City of San Luis Obispo, hereinafter called "OWNER," owns an d maintains water valve covers, sewer manhole covers, sewer cleanouts, and fire hydrants within the limits o f STATE'S project which require that OWNER adjust its facilities in order to accommodate STATE'S project . It is hereby mutually agreed that : I.WORK TO BE DONE : In accordance with Notice to Owner No . 1253 .692 dated December 15, 2006, STATE shall relocate OWNER's facilities as shown on STATE's contract plans for the improvement of State Route 1, EA 491901 which by thi s reference are made a part hereof. OWNER hereby acknowledges review of STATE's plans for work and agree s to the construction in the manner proposed . Deviations from the plan described above initiated by either th e 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, wil l constitute an approved revision of the plan described above and are hereby made a part hereof . No work unde r 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 Revise d Notice to Owner . OWNER shall have the right to inspect the work during construction . Upon completion o f the work by STATE, OWNER agrees to accept ownership and maintenance of the constructed facilities an d relinquishes to STATE ownership of the replaced facilities . II.LIABILITY FOR WORK : The existing facilities described in Section I . above will be relocated at approximately 59 .13% STATE expens e and 40 .87% OWNER expense in accordance with the following proration : the apportionment is based on th e UTILITY AGREEMENT (Cont .) RW 13-5 (Rev . 10/95) Page 2 of 4 UTILITY AGREEMENT NO . 05-UT-1253 .69 2 cost estimated by the design engineer for the relocation/adjustment work needed for each type of City facility . The percentage of those facilities with prior rights was determined as a portion of the total estimated cost of th e city facilities requiring relocation/adjustment . This apportionment will be adjusted when the actual bid amount in the contract is known . III . PERFORMANCE OF WORK : OWNER shall have access to all phases of the relocation work to be performed by STATE, as described i n Section I above, for the purpose of inspection to ensure that the work is in accordance with the specification s contained in the Highway Construction Contract ; however, all questions regarding the work being performe d will be directed to STATE's Resident Engineer for their evaluation and final disposition . 1V. PAYMENT FOR WORK : The STATE shall pay its share of the actual and necessary cost of the herein described work within 90 days afte r receipt of five (5) copies of OWNER's itemized bill, signed by a responsible official of OWNER's organizatio n 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 i n 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 accumulated depreciatio n or "used life" of the replaced facilities and for the salvage value of any material or parts salvaged and retained o r sold by OWNER . The OWNER shall pay its share of the actual cost of said work included in the STATE's highway constructio n contract within 90 days after receipt of STATE's bill, compiled on the basis of the actual bid price of sai d contract . The estimated cost to OWNER for the work being performed by the STATE's highway contractor i s $ 17,900 .00 . V. GENERAL CONDITIONS : All costs accrued by OWNER as a result of STATE's request of June 19, 2006 to study and/or prepar e relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the term s and conditions of this Agreement . If STATE's project, which precipitated this Agreement is canceled or modified so as to eliminate the necessit y of work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this xN UTILITY AGREEMENT (Cont .) RW 13-5 (Rev . 10/95) •Page 3 of 4 UTILITY AGREEMENT NO . 05-UT-1253 .692 Agreement by Amendment . The Amendment shall provide mutually acceptable terms and conditions fo r 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 the completion of the wor k described herein . Upon completion of the work to be done by STATE in accordance with the above-mentioned plans an d specifications, the new facilities shall become the property of OWNER, and OWNER shall have the same right s in the new location that it had in the old location. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 i s hereby incorporated into this Agreement . UTILITY AGREEMENT (Cont .) RW 13-5 (Rev . 10/95) Page 4 of 4 UTILITY AGREEMENT NO . 05-UT-1253 .692 THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 25,900 .0 0 CERTIFICATION OF FUND S I hereby certify upon my own personal knowledge that budgeted funds ar e Available for the period and purpose of the expenditure shown here . HQ Accounting Officer Dat e ITEM CHAP STATE FY AMOUNT FUND TYPE EA AMOUN T Design Funds $ Construction Funds 491904 $ 25,900 .00 RW Funds $ IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written . B STATE :OWNER: By '• -f L —(z -07 DateJAi~LUP O As stant Region Division Chie f Central Region Right of Wa y District Office Chief, Right of Wa y DO NOT WRITE BELOW - FOR ACCOUNTING PURPOSES ONL Y PLANNING AND MANAGEMENT COMPLETES EXCEPT SHADED COLUMNS :UTILITY COMPLETES : OI [. DOCUMEN T NUMBER S )1 - FI\DIST UNIT CHG DIST EA SUB JOB SPECIAL DESIGNATION FFY FA OBJ CODE DOLLA R AMOUN T $ EA FUNDING VERIFIED : Sign :> Print> Nancie Thoma s R/W Planning and Management Dat e Distribution :3 originals to R/W Program Accounting & Analysis 3 originals returned to R/W Planning & Managemen t sb REVIEW/REQUEST FUNDING : Sign> Print> Lark P . Granger Utility Coordinator Date