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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.