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Contract - California - DOT - Utility - 1990-04-12 AP A ` Dist lICountyIRoutei P M `E A STATE OF CALIFORNIA 12 I ORA 155 ( 2 8/4 6 1102771 Department of Transportation Federal Aid No Owner s File 1112100-110 UTILITY AGREEMENT NO 9125 DATE 4/_ /z-fo State of California acting by and through the Department of Trans- portation hereinafter called State proposes to construct the Costa Mesa Freeway (Route 55) between Wilson Avenue and Bristol Street and The Costa Mesa Sanitary District hereinafter called OWNER owns and maintains an 18 sanitary sewer main in Mesa Drive within the limits of State s project which require relocation to accommodate State s project It is hereby mutually agreed that 1 WORK TO BE DONE in accordance with Notice No 7-9125 dated May 13 1988 State shall relocate Owner s 18 VCP sanitary sewer as shown on Owner s Plans No 1112100-110, which plans are included in State s Contract Plans for the improvement of Road Route 55, E A 102774 which by this reference are made a part hereof the Owner shall perform all work necessary for assisting State s contractor in draining existing facilities, preparation of plans, engineering and billing with its own forces Owner shall have the right to inspect the work by State s contractor during construction Upon completion of the relocation Owner agrees to accept ownership and maintenance of the relocated facilities and relinquishes to State the ownership of the replaced facility Minor deviations from said plans may be made and incidental work may be performed by the Owner or the State when mutually acceptable to both parties and upon approval by the State 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 It is understood and agreed between the parties that the State will i_ause the relocation of Owner s facilities as provided in Section I-A above by the State Contractor and furnish or cause to be furnished all necessary labor, material tools and equipment required therefor It is further understood and agreed between the parties that the Owner shall have access to all phases of the work involving Owner s facilities being performed by the State s contractor for the purpose of inspection as provided in Section I-B above; however, all questions regarding the work being performed shall be directed to the State s 11. ident Engineer for his evaluation and final disposition Utility Agreement No 9125 1V PAYMENTS FOR WORK the State shall pay its share of the actual cost of the herein-described work under Paragraph No I-B above within 90 days after receipt of Owner s itemized bill in quintuplicate, signed by a responsible official of Owner s organization, compiled on the basis of the actual 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 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 Owner shall give credit to the State for the salvage value of materials or parts salvaged and retained or sold by Owner Accrued depreciation credits are not applicable to this Agreement At the election of the Owner progress bills for costs incurred may be submitted not to exceed Owner s recorded costs as of a specific date less estimated credit applicable to completed work , when the recorded costs are sufficient to warrant such billing The final billing shall be in the form of an itemized statement of the total costs charged to the project less the credits provided for in the Agreement, and less any amounts covered by progress billings Detailed records from which the billing is compiled shall be retained by the Owner for a period of four years from the date of the final bill and will be available for verification by State and Federal auditors V GENERAL CONDITIONS All obligations of State under the terms of this Agreement are subject to the appropriation of funds by the State Legislature and the allocation of those funds by the California Transportation Commission All costs accrued by Owner as a result of State s request of September 21 190/ 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 cancelled 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 upon completion of the work to be done by State in accordance with the above- mentioned plans and specifications, the new facilities shall become the property of Owner and Owner shall have the same rights in the new location that it had in the old location 1. Utility Agreement No 9125 IHF ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $20,000 00 IN WITNESS WHEREOF the above parties have executed this agreement the day and year first above written .. State of California DEPARTMENT OF TRANSPORTATION OWNER Approved COSTA MESA SANITARY DISTRICT / /e� / % II -8! , h • •e: l — A. W. er • ent -Deputy Distric- Director �• Office of Ri: 't of Way By Y 1.�2� _ '� Approved e �i �� �/�/g1 Ba �.• Green, ec�etary Divisi n f Ri t f ppay Approval Neco ended- i strict Utili l Coordinator \ 4 __-4w �. eas' lligh- tr_____ .RM OWNER S COPY STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, Florine T Reichle, Clerk of the Costa Mesa Sanitary District, hereby certify that the attached Agreement was duly and regularly approved and execution authorized by the Hoard of Directors at a regular meeting thereof, held on the 12th day of April, 1990 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District, this day of ‘92.A.,-42... , /490 Clerk of the Costa Mesa Sanitary District .... i ROBIN B. HAMERS E 17TH ST SATE 205 & ASSOCIATES, INC. COSTA MESA CA 821327 CIVIL ENGINEERS PLANNERS SURVEYORS 1714)548-1192 April 4 1988 Board of Directors Costa Mesa Sanitary District P 0 Box 1200 Costa Mesa CA RE AUTHORIZATION TO PROCEED ON NEW PROJECT PROJECT 1112100-110 FORCE MAIN AT MESA DRIVE & 55 FWY Gentlemen The State of California Department of Transportation (CALTRANS) is currently preparing plans for the improvement of the 55 Fwy from Mesa Drive to 19th Street. The first phase of construction consists of four new bridges at the first four undercrossings from Mesa Drive southerly The proposed bridge at Mesa Drive necessitates relocation of the Sanitary District's 18 inch pressure sewer line that begins at the Elden Avenue Pumping Station and flows towards Fair "rive The State has agreed to pay the entire cost of design construction and inspection through a utility reimbursement agreement as shown in the enclosed letter dated March 1 1988 from Mr Howard Bergmann. Reimbursement will be for design and inspection costs while the construction will be included in the State s construction contract for the bridge. The relocation plans include replacing the existing force main with a new force main located within the bridge structure The line will be in one of the bridge cells so it will always be accessible Also included in the plans is the construction of a temporary force main to be used between the time the existing line is removed and the new line installed. The temporary line is required because the bridge is located in the same location as the existing force main Therefore the following action is hereby recommended 1 Approve in concept the State's relocation of the District's force main as part of the State s construction of the 55 Freeway with the State responsible for all design construction and inspection costs ROBIN B. HAMERS & ASSOCIATES, INC. CZ) E.�MESA, B2 em COSTA MEGA,CA B2B27 CIVIL ENGINEERS PLANNERS SURVEYORS vial sae-1 1 SE Project 1112100-110 Page 2 2 Appropriate $12,000. under Project 1112100-110 Force Main at Mesa Drive & 55 Fwy to cover the District Engineer's design costs and authorize the District Engineer to complete the design at the following regular hourly rates not to exceed $12 000 Engineer $ 45 00/hr Draftsman 35 00/hr Survey Crew (3 men) 145 00/hr Survey Crew (2. men) 125 00/hr 3 Appropriate $15 000 to cover the District Engineer's inspection costs and authorize the District Engineer to complete the inspection at the following hourly rates not to exceed $15 000 Engineer $ 45 00/hr Draftsman 35 00/hr Inspection 30 00/hr Survey Crew (3 men) 145 00/hr Survey Crew (2 men) 125 00/hr The State will also be reimbursing the Sanitary District for the City Manpower and equipment used on the project such as standby crews, hydro trucks etc The State has requested an approximation of the total Sanitary District costs and these will be forwarded upon the Board s formalization of the project. Sleep , Robin B Hamers RBH/i p