HomeMy WebLinkAboutCalifornia, State Of - DOT; 1999-01-12; Utility #299344 -. c ‘. DPQJRICT R/W
-‘STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
AW 13-5 (Rev. 10195)
Page 1 of 3
Dist co
11 SD
Rte
5
KP (P.M.)
R76.2fR78.2
(47.4-48.6)
EA
059104
I- Federal Aid No.:N/A
I Owners File: Change Order # 4 (2-A-8) I I FEDERAL PARTICIPATION: On the Project 15_ Yes No
On the Utilities 0 Yes ENO I
UTILITY AGREEMENT NO. 29934 DATE S~NL(AR? 12, vWi
The State of California acting by and through the Department of ~ansportation, hereinafter called “STATE” proposes
to revise the Cannon Road Interchange on Interstate 5 in San Diego County in Carlsbad from 1 .O kilometer south to 1 .O kilometer
north of the Cannon Road Undercrossing, and the City of Carlsbad, a municipal corporation, and Carlsbad Municipal Water
District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad,
hereinafter called u OWNER”, owns and maintains a twenty-four inch water transmission main and operates and maintains for the
City of Carlsbad a twenty-four inch interceptor sewer line, and apurtenances to both, along Cannon Road within the limits of
STATE’s project. It is hereby mutually agreed that:
I. WORK TO BE DONE:
In accordance with the Change Order Number: (11-059104) # 4 (2-A-8), dated August 12, 1998, the STATE shall
construct OWNER’s water transmission main and sewer interceptor line as per the OWNER’s plan Nos. (88-602) and (92-406), consisting of seventeen sheets, which by tbis reference are made a part hereof. 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 Supplemental Change Order, approved by the STATE and acknowledged by the OWNER. OWNER
shall have the right to inspect the work by the STATE’s contractor 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, if any.
II. LIABILITY FOR WORK:
The facilities described in Section I above are new facilities which must be installed during the construction of the
STATE’s project to avoid destroying the new roadway. As such, it is agreed that the cost for the installation is at
OWNER expense.
III. PERFORMANCE OF WORK:
OWNER shall have access to all phases of the installation work to be performed by STATE for the purpose of
inspection to ensure that the work is in accordance with the specifications contained in the Construction Change
Order #4; however, all questions regarding the work being performed will be directed to STATE’s Resident
Engineer for evaluation and final disposition.
IV. PAYMENT FOR WORK: i..
It is understood and agreed that the STATE will not pay for any betterment or increased capacity of OWNER’s
facilities in the new location. It is understood that the installation as herein contemplated includes betterment to
OWNER’s facilities by reason of a new water transmission main and interceptor sewer line not previously in
conflict with the STATE’s project in the amount of $1,005.887.00, dated August 21, 1998.
UTILITY AGREEMENT (Cont.1
RW13-5 (Rev. 10/95)
Page 2of 3
1 UTILITY AGREEMENT NO. 29934 1
Said 100% shall be applied to the actual cost of work done. The OWNER shall pay its share of the actual cost of
said work in the agreed amount of $1,005,887.00 within 90 days after receipt of STATE’s bill, compiled on the
basis of the actual bid price of said contract. An allowance of $100,000.00 will be provided to cover
contingencies and Supplemental Change Orders.
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 bill and will be available for audit in accordance with the audit principles and standards
as set forth in 48 CFR, Chapter 1, Part 32 by STATE and/or Federal auditors.
V. GENERAL CONDITIONS:
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.
OWNER shall submit a Notice of Completion to the STATE within 30 days of the completion of the work
described herein.
************
Invoices or Requests for Payment shall be forwarded to:
William E. Phrmmer, P.E.
District Engineer
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
. -UTILITY AGREEMENT (Cont.) Page 3 of 3
THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $00.00
CERTIFICATION OF FUNDS I
I hereby certify upon my own personal knowledge that budgeted timds are
available for the period and purpose of the expenditure shown here.
HQ Accounting Officer Date
ITEM CHAP STAT FY AMOUNT
FUND TYPE
Design Funds
Construction Funds
RW Funds
EA AMOUNT
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
Sara Wilson Utility Coordinator Date:
ATTEST:
By: 3
APPROVED AS TO FORM:
RONALD R. BALL,
City Attorney/General Counsel
BY: -Lo& City Attorney/ ke&w,t General Counsel
/-l~d7.