Un-Recorded STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION
NOTICE TO OWNER
RW 13-04(REV 1/2014)
NOTICE TO OWNER Dist. County Route PM Pro_j.ID . E.A.
11 SD 5 39.8/44.1 1100000758 2T1711
Federal Aid No: STPLN 6211(130)
Number 33683 Owners File: WO#File 3
Date: September 13, 2018 Freeway: [X 1 Yes 1 1 No
To:
SAN DIEGUTTO WATER DISTRICT
160 Calle Magdalena
Encinitas,CA 92024
ATTN:Blair Knoll, Senior Civil Engineer
Because of the State Highway construction project:
Construction on state highway in San Diego County in Encinitas from Birmingham Drive OC to La Costa Ave.
Which affects your facilities:
Three 12 inch water lines that cross the Interstate 5 at approximately MacKinnion Avenue,Requeza Street,and Union Street in
the City of Encinitas.
You are hereby ordered to:
Relocate the existing underground water facilities as show on San Dieguito Water District's plans prepared by Kimley Horn
which are included in STATE's contract plans for construction of Interstate Route 5.
Your work schedule shall be as follows:
Work to be performed by'STATE's contractor and completed on or prior to June 30,2020.
Notify Fardad Behboody,Caltrans Utility Service Engineer at telephone number(619) 688-6474,72 hours prior to initial
state of work,and 48 hours prior to subsequent restart when your work schedule is interrupted.
Liability for the cost of the work is: 100% State expense.
CORY BINNS
DISTRICT DIRECTOR
District 11
MARK PHE •N
ACTING Dr •'U Y DIST 'ICT DIRECTOR
RIGHT O' •' • DIVI`lr• ■
By ��, ...A
CC: Resident Engineer GREG IERRr
Permits DIST'ICT UTIL Y ,OO' 11 INATOR
R/W
THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK.
ADA Notice For individuals with sensory disabilities,this document is available in alternate formats.For information call(916)445-1233.
TTY 711,or write to Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Page 1 of 4
UTILITY AGREEMENT
RW 13-5(REV 9/2014)
DISTRICT COUNTY ROUTE POST MILE PROJECT ID EA
11 SD 5 39.8/44.1 1100000758 2T1711
FEDERAL AID NUMBER OWNER'S FILE NUMBER
STPLN-6211(130) File 3
FEDERAL PARTICIPATION/FEDERALLY ELIGIBLE/NEPA DOCUMENT
On the Project ® Yes ❑No On the Utilities ® Yes ❑No
Owner Payee Data No.VC 0000023684 or Form STD 204 is attached ❑
UTILITY AGREEMENT NO. 11-UT-33683 DATE q?-24. 1$
The State of California,acting by and through the Department of Transportation,hereinafter called"STATE,"proposes to
Construction on state highway in San Diego County in Encinitas from Birmingham Drive OC to La Costa Ave.
and
SAN DIEGUITO WATER DISTRICT
ADDRESS: 160 CALLE MAGDALENA ENCINITAS,CA 92024-3721
hereinafter called"OWNER,"owns and maintains
Three 12 inch water lines that cross the Interstate 5 at approximately MacKinnion Avenue,Requeza Street,and Union Street in the
City of Encinitas..
within the limits of STATE's project which requires:
Relocation to accommodate the STATE's project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 33683 dated September 17,2018,STATE shall relocate OWNER's three 12
inch water lines and appurtenances as shown on STATE's contract plans for the improvement of State Route 5,EA
2T1711 which by this reference are made a part hereof.OWNER hereby acknowledges review of STATE's plans for
work and agrees to the construction in the manner proposed.Deviations from the plan described above initiated by
either the 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,will constitute an
approved revision of the plan described above and are hereby made a part hereof.No work under 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 revised Notice to Owner.OWNER shall have the
right to inspect the work 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,except in the case of liability determined pursuant to Water Code 7034 or 7035.
II. LIABILITY OF WORK
Existing facilities are located in their present position pursuant to rights superior to those of the STATE and will be
relocated at STATE expense.
III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the relocation work to be performed by STATE,as described in Section I
above,for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the
Highway Construction Contract;however,all questions regarding the work being performed will be directed to STATE's
Resident Engineer for their evaluation and final disposition.
Use of out-of-state personnel,(or personnel requiring lodging and meal per diem expenses)will not be allowed
without prior written authorization by state's representative. Requests for such authorization must be contained in
OWNER's estimate of actual and necessary relocation costs.Accounting Form FA 1301 is to be completed and
submitted for all non-State personnel travel per diem. OWNER shall include an explanation why local employee or
•
UTILITY AGREEMENT(cont.) • Page 2 of 4
RW 13-5(REV 6/2012)
UTILITY AGREEMENT NO.
33683
contract labor is not considered adequate for the relocation work proposed.Per diem expenses shall not exceed the per
diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines.
IV. PAYMENT FOR WORK
The STATE shall pay its share of the actual and necessary cost of the herein described work within 45 days after
receipt of the OWNER's itemized bill,signed by a responsible official of OWNER's organization and prepared on
OWNER's letterhead,compiled on the basis of the actual and necessary cost and expense incurred and charged or
allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California
Public Utilities Commission,Federal Energy Regulatory Commission or Federal Communications Commission,
whichever is applicable.The OWNER's estimated their billing to the STATE for$25,000.00.
It is understood and agreed that the STATE will not pay for any betterments or increase in capacity of OWNER's
facilities in the new location and that OWNER shall give credit to the STATE for the accrued depreciation of the
replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER.
Not more frequently than once a month,but at least quarterly,OWNER will prepare and submit itemized progress
bills for costs incurred not to exceed OWNER's'recorded costs as of the billing date less estimated credits applicable
to completed work.Payment of progress bills not to exceed the amount of this Agreement may be made under the
terms of this Agreement.Payment of progress bills which exceed the amount of this Agreement may be made after
receipt and approval by STATE of documentation supporting the cost increase and after an Amendment to this
Agreement has been executed by the parties to this Agreement.
The OWNER shall submit a final bill to the STATE within 360 days after the completion of the work described in
Section I above.If the STATE has not received a final bill within 360 days after notification of completion of
OWNER's work described in Section I of this Agreement,and STATE has delivered to OWNER fully executed
Director's Deeds,Consents to Common Use or Joint Use Agreements for OWNER's facilities(if required),STATE.
will provide written notification to OWNER of its intent to close its file within 30 days.OWNER hereby
acknowledges,to the extent allowed by law,that all remaining costs will be deemed to have been abandoned. If the
STATE processes a final bill for payment more than 360 days after notification of completion of OWNER's work,
payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission.
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 this Agreement,and less any amounts covered by progress billings.However,the STATE shall not pay
final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of
said cost from the OWNER and approval of documentation by STATE. Except,if the final bill exceeds the OWNER's
estimated costs solely as the result of a revised Notice to Owner as provided for in Section I,a copy of said revised
Notice to Owner shall suffice as documentation.In either case,payment of the amount over the estimated cost of this
Agreement may be subject to allocation and/or approval by the California Transportation Commission.
In any event if the final bill exceeds 125%of the estimated cost of this Agreement,an Amended Agreement shall be
executed by the parties to this Agreement prior to the payment of the OWNER'S final bill.Any and all increases in
costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior
concurrence of STATE.
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 payment and will be available for audit by State and/or Federal auditors. In performing work
under this Agreement,OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at
18 CFR,Parts 101,201,et al.,to the extent they are applicable to OWNER doing work on the project that is the
subject of this agreement,the contract cost principles and procedures as set forth in 48 CFR,Chapter 1,Part 31,et
seq.,23 CFR,Chapter 1,Part 645 and 2 CFR,Part 200,et al. If a subsequent State and/or Federal audit determines
payments to be unallowable,OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing.If OWNER is
subject to repayment due to failure by State/Local Public Agency(LPA)to comply with applicable laws,regulations,
and ordinances,then State/LPA will ensure that OWNER is compensated for actual cost in performing work under this
agreement.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of STATE's request of June 15,2017 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.
UTILITY AGREEMENT(cont.) Page 3 of 4
RW 13-5(REV 6/2012)
UTILITY AGREEMENT NO.
33683
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.
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 work described
herein.
It is understood that said highway is a Federal aid highway and accordingly,23 CFR,Chapter 1,Part 645 is hereby
incorporated into this Agreement.""In addition,the provisions of 23 CFR 635.410,Buy America,are also incorporated
into this agreement.The Buy America requirements are further specified in Moving Ahead for Progress in the 21st
Century(MAP-21),section 1518;23 CFR 635.410 that all manufacturing processes have occurred in the United
States for steel and iron products(including the applicatn of coatings)installed on a project receiving funding from the
FHWA.
OWNER understands and acknowledges that this projeci is subject to the requirements of the Buy America law(23
U.S.C.,Section 313)and applicable regulations,including 23 CFR 635.410 and FHWA guidance. OWNER hereby
certifies that in the performance of this Agreement,for products where Buy America requirements apply,it shall use only
such products for which it has received a certification from its supplier,or provider of construction services that procures
the product certifying Buy America compliance.This does not include products for which waivers have been granted
under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department's guidelines for the
implementation of Buy America requirements for utility relocations issued on December 3,2013.
IN WITNESS WHEREOF,the above parties have executed this Agreement the day and year above written.
/STATE:DEPAR E OFT SPO TATION OWNER: SAN DIEGUITO WATER DISTRICT
BY fra ArAL /e By Cr").--- 9 )'''I j i
Name G;1 G I'UTIE Amp Date Name L,J.t‘.v,,., > . c-'i Date
Title it strict Utility-Coors motor Title t c.-... .ce-A v'll`a
•'ght of Way
APPROVAL RECOyMMENDED: j
—1 r Az
a �' Lf �� BY �■ �� / 1.Z4-/a
/ Date
Name ANASTA IA � ER ate Name /3c,4.,2 A, l�i-+at`
Title Utility Coordinator Title SEW fo 61- CI✓I k.- CN4' E7X--
Right of Way
THIS AGREEMENT SHALL NOT BE EXECUTED BY THE STATE OF CALIFORNIA—DEPARTMENT
OF TRANSPORTATION UNTIL FUNDS ARE CERTIFIED.
UTILITY AGREEMENT(cont.) Page 4 of 4
RW 13-5(REV 6/2012)
UTILITY AGREEMENT NO.
33683
DO NOT WRITE BELOW-FOR ACCOUNTING PURPOSES ONLY
PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES:
DOCUMENT SUF CHG PROJECT SPECIAL OBJ DOLLAR
D.:= NUMBER1 DIST UNIT DIST ID PHASE DESIGNATION FFY FA CODE AMOUNT
UA33683 11 2839 11 9 18 25,000.00
PROJECT ID FUNDING VERIFIED:
Si n:> Sign>C l.. .. 1 ...•._ ,.,,/o 21 ?oil'
Print> COMENCITA COMER Date Print> ANASTASIA H R Date
R/W Planning and Management Utility Coordinator
THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 175,000.00
CERTIFICATION OF FUNDS FUND TYPE PROJECT ID AMOUNT
I hereby certify upon my own personal knowledge that budgeted funds are Design Funds $
available for the period and purpose of the expenditure shown here. Construction Funds 2T1714-BID $150,000.00
RW Funds 2T1719 $25,000.00
Planning and Management Date
ITEM CHAP STAT FY AMOUNT
Vendor/Customer: VC 0000023684
Address ID: 001
Distribution: 2 originals to R/W Accounting
1 original to Utility Owner
1 original to Utility File