Costa Mesa Sanitary District PLASTATE OF CALIFORNIA------- DEPARTMENT OF TRANSPORTATION Page 1 of 5
AGREEMENT FOR THE POSITIVE LOCATION OF UNDERGROUND UTILITIES
REV 3-17-21
Date: ______________________________
PARTIES:
1.State of California, acting by and through the Department of Transportation
(“Department”). “Department” includes the Department, its officers, agents,
employees and contractors.
2.____________________Costa Mesa Sanitary District_______________ (“Owner”).
“Owner” includes the Owner, its officers, agents, employees and contractors.
RECITALS:
A.Owner owns, operates or maintains underground utility facilities in the State of
California.
B.In order to facilitate the planning, design and construction of Department’s
projects and to ensure the safety of the traveling public, the horizontal and
vertical location and/or apparent visual condition of underground utilities must
periodically be confirmed. These activities and their results are known as
“positive location,” and are commonly referred to as “potholing.” Where
referred to in this agreement, such positive location operations include, but
are not limited to: vacuum excavation, electronic detection, probing, and
external and internal video inspection.
C.In general, utility owners have been responsible for performing such positive
location activities, with the cost of such activities apportioned as provided by
California Law, Master Contracts or Department’s Policies.
D.Department’s needs frequently require the positive location of underground
utilities more expeditiously than Owner can readily or economically provide.
E.Department is willing to assume control of the operation and cost of such
positive location of underground utilities on a test basis to facilitate
Department’s needs from time to time as provided herein, and to determine if
assuming the cost and operation of this work creates sufficient benefit to the
Department to justify continuing the practice.
Agreement for the Positive Location of Underground Utilities Page 2 of 5
Between The State of California, Department of Transportation, and
_________________ Costa Mesa Sanitary District__________________, “Owner.”
REV 3-17-21
THEREFORE:
1.This agreement is made and executed by the parties hereto pursuant to the
provisions of Sections 680.5 and 707.5 of the Streets and Highways Code. It shall
govern exclusively the determination of the obligations and costs to be borne
by each party hereto in regard to work described herein in lieu of
determination under the provisions of Sections 673, 680 and 700 to 707,
inclusive, of said Streets and Highways Code, as now or hereafter existing, or
under any other laws applicable to said subject matter. This agreement shall
apply throughout the State of California to all of the Department’s projects
and related activities. It is not intended to, and shall not, establish any
precedent, principle, rule or guide to interpretation, as between the parties
hereto after its termination or as between either of the parties hereto and any
third party at any time, and may be terminated at any time as provided herein.
2.The work to be performed under this agreement is limited to the work
necessary to positively determine the horizontal and vertical location and or
apparent visual condition of the Owner’s utility facilities with the degree of
accuracy necessary to meet the Department’s requirements. All work under
this agreement shall be preceded by the delivery of a written notification to
Owner by Department.
3.This agreement does not apply to the relocation, rearrangement, removal or
protection of utility facilities.
4.When the work described in this agreement is performed by the Department,
the cost of the work shall be borne by the Department. The Owner shall
provide confirmation in the field of the identity and typical characteristics
(including size, material, contents, pressure or capacity) of Owner’s exposed
utility facility and related activities, including, but not limited to, inspection
services at no expense to the Department, in accordance with the
Department’s time schedule.
Agreement for the Positive Location of Underground Utilities Page 3 of 5
Between The State of California, Department of Transportation, and
_________________ Costa Mesa Sanitary District__________________, “Owner.”
REV 3-17-21
5.It is anticipated that the work described in this agreement will be performed
by the Department through the services of a contractor. In those instances
when the Department chooses not to perform the work, the Department will
issue a “Notice to Owner” ordering the Owner to diligently perform the work in
accordance with Department’s reasonable time schedule included in the
Notice to Owner, and the Department will bear the cost of the work per
separate agreement if the work is completed within the Department’s time
schedule. The Owner shall allocate sufficient staff and resources to meet all
schedules established for the project design and construction work. Should
the Owner not meet Department’s schedule, Department shall have the right
and option to perform such work to maintain Department’s schedule.
6.The Owner may choose to perform certain positive location work itself,
pursuant to prompt notification to Department of Owner’s intention. When the
Owner so elects to perform such work, the cost of the work shall be borne by
the Department in the same amount as the unit cost for such work by the
Department’s contractor for the District area. If no such contract exists at the
time, cost shall be the most recent such contract cost for the District area.
Department will issue a Notice to Owner ordering the Owner to diligently
perform the work in accordance with Department’s reasonable schedule
included in the Notice to Owner. The Owner shall allocate sufficient staff and
resources to meet all schedules established for the project design and
construction work. Should the Owner not meet Department’s schedule,
Department shall have the right and option to perform such work to maintain
the Department’s schedule.
7.It is intended that all work under this agreement performed by the Department
shall be performed using the vacuum extraction method, hand excavation or
comparable methods acceptable to the Owner and the Department.
Electronic detection may also be used in conjunction with, and when
confirmed by, vacuum extraction at the Department’s option. Other machine
methods may only be used to remove paving materials. Machine methods
used by the Department for any other purpose will require the concurrence
and on-site observation of Owner.
Agreement for the Positive Location of Underground Utilities Page 4 of 5
Between The State of California, Department of Transportation, and
_________________ Costa Mesa Sanitary District__________________, “Owner.”
REV 3-17-21
8.Owner grants to Department, immediately upon receipt of notification, in
accordance with the Department’s time schedule, permission to perform
positive location of Owner’s facilities within Owner’s private rights of way,
wherever located. Owner retains the right to require reasonable controls and
restrictions. Such controls and restrictions shall be promptly reported to the
Department in writing.
9.Upon the completion of the work performed under this agreement,
Department shall restore the work site to as good a condition as that found
when the work commenced.
10. To the extent permitted by law, Department shall defend, indemnify and hold
Owner harmless from any death, injury, or property claim made by any person,
which materially arises from work performed by the Department, its
employees, agents and contractors pursuant to this agreement. Owner shall
defend, indemnify and hold Department harmless from any death, injury, or
property claim made by any person, which materially arises from work
performed by the Owner, its employees, agents and contractors pursuant to
this agreement.
11. This agreement supersedes and replaces any previous agreement between
the properties, or portions thereof, regarding positive location activities
(“potholing”).
12. This agreement may be amended, changed or altered by mutual consent of
the parties hereto in writing.
13. This agreement may be terminated by either party upon ninety (90) days
written notice.
14. Time shall be of the essence of this agreement.
Agreement for the Positive Location of Underground Utilities Page 5 of 5
Between The State of California, Department of Transportation, and
_________________ Costa Mesa Sanitary District__________________, “Owner.”
REV 3-17-21
For the Utility Owner:
______________________________________________________ _______________
Date
Name Scott Carroll
_______________
Date
Title General Manager
For the State of California:
______________________________________________________
Tiaira T. Moering, Chief
Office of Railroad Coordination and Utility Relocation
Division of Right of Way and Land Surveys
California Department of Transportation
DISTRIBUTION:
1 – HQ Right of Way, Office of Railroad Coordination and Utility Relocation
1 – District
1 – Utility Owner
5/9/2022