The URL can be used to link to this page

Home My WebLink AboutC-5565 - Utility Agreement No. 12-UT-997October 15, 2007 Mr. Steve Myrter, Utilities Director Utilities Department - Water City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Dear Mr. Myrter: 12- ORA -55 -PM 0.0/0.5 SR -55 from Finley Avenue to Old Newport Blvd. off ramp E.A. 12412- OJ4601 CT File# 12 -UT -997 AC Overlay Project The enclosed Notice to Owner, No. 12 -UT -997, dated October 15, 2007 covers the water valve cover adjustments of your facilities in order to accommodate the State's conventional highway construction project on State Route 55 (SR -55) from Finley Avenue to the Old Newport Boulevard off ramp in the City of Newport Beach. The scope of work will he to overlay SR -55's existing pavement with 0.2 ft. (2.4 in.) of rubberized asphalt concrete, and replace existing loop detectors and traffic striping. The requirements of this Notice to Owner are based on City of Newport Beach Utilities Department's communication dated September 24, 2007 from Alfred Castanon. The State will complete the adjustment work concurrent with the proposed project at City of Newport Beach's expense. Also enclosed are five (5) originals of Utility Agreement Number 12 -UT -997 between the State and the City of Newport Beach for your review. Upon approval, please have the City of Newport Beach Utilities Department's authorized representative date and sign all five (5) originals. Keep one (1) fully executed original for your records, and return the remaining four (4) fully executed originals to us in the enclosed envelope for State's files. This project is currently scheduled for construction in April of 2008. If you have any questions, please contact Franci Coleman at (949) 724 -2710 or myself at (949) 724 -2386. Thank you for your attention and cooperation. Sincerely, Ricky Ro gue District 2 tility Coordinator Southern Right of Way Region -1323 Encs. cc: Loanna Huynh, Project Engineer Alfred Castanon - City of Newport Beach, Utilities Department District 07 R WField Office DEPARTMENT OF TRANSPOR Southern Right of Way Region SOUTHERN RIGHT OF WAY REGION -023 464 W. 41h Street, 12" Floor DISTRICT 12 RIW FIELD OFFICE Los Angeles, CA 90012 3337 MICHELSON DRIVE, SUITE 380 Diamond Bar, CA 91765 IRVINE, CA 92612 -8894 Phone: (909) 383 -6211 PHONE (949) 724.2884 Fax: (213) 897 -8902 FAX (049) 724.2411 j ^ TDD (800) 735.2929 October 15, 2007 Mr. Steve Myrter, Utilities Director Utilities Department - Water City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Dear Mr. Myrter: 12- ORA -55 -PM 0.0/0.5 SR -55 from Finley Avenue to Old Newport Blvd. off ramp E.A. 12412- OJ4601 CT File# 12 -UT -997 AC Overlay Project The enclosed Notice to Owner, No. 12 -UT -997, dated October 15, 2007 covers the water valve cover adjustments of your facilities in order to accommodate the State's conventional highway construction project on State Route 55 (SR -55) from Finley Avenue to the Old Newport Boulevard off ramp in the City of Newport Beach. The scope of work will he to overlay SR -55's existing pavement with 0.2 ft. (2.4 in.) of rubberized asphalt concrete, and replace existing loop detectors and traffic striping. The requirements of this Notice to Owner are based on City of Newport Beach Utilities Department's communication dated September 24, 2007 from Alfred Castanon. The State will complete the adjustment work concurrent with the proposed project at City of Newport Beach's expense. Also enclosed are five (5) originals of Utility Agreement Number 12 -UT -997 between the State and the City of Newport Beach for your review. Upon approval, please have the City of Newport Beach Utilities Department's authorized representative date and sign all five (5) originals. Keep one (1) fully executed original for your records, and return the remaining four (4) fully executed originals to us in the enclosed envelope for State's files. This project is currently scheduled for construction in April of 2008. If you have any questions, please contact Franci Coleman at (949) 724 -2710 or myself at (949) 724 -2386. Thank you for your attention and cooperation. Sincerely, Ricky Ro gue District 2 tility Coordinator Southern Right of Way Region -1323 Encs. cc: Loanna Huynh, Project Engineer Alfred Castanon - City of Newport Beach, Utilities Department District 07 R WField Office District 08 R&VField ice Southern Right of Way Region 100 South Main Street, MS -2 464 W. 41h Street, 12" Floor 21073 Pathfinder Road, Ste. 100 Los Angeles, CA 90012 San Bernardino, CA 92401 Diamond Bar, CA 91765 Phone: (213) 897 -1773 Phone: (909) 383 -6211 Phone: (909) 468.1500 Fax: (213) 897 -8902 Fax: (909) 383 -6877 Fax: (909) 468 -1501 STATE OF MIFORNIA, DEPARTWNr OF TRANSPORTATION NOTICE TO OWNER RW 134 (Rev. 9%) NOTICE TO OWNER Number 12- UT-997 TO: City of Newport Beach Utilities Department - Water 3300 Newport Boulevard Newport Beach, CA 92683 -3884 Dist. County Route P.M. E.A. 12 ORA 55 0.010.5 QJ4601 Federal Aid No.: n/a Owners File: Date: 10115107 Freeway: [ ] Yes [X j No Because of the State Highway construction project on State Route 55 (SR -55) from Finley Avenue to the Old Newport Boulevard off ramp in the City of Newport Beach which proposes to overlay SR -55's existing pavement with 0.2 ft. (2.4 in.) of rubberized asphalt concrete, and replace existing loop detectors and traffic striping, Which affects your facilities: Existing three (3) water valve cover facilities, You have hereby ordered to: Cause the above described facilities to be relocated in coordination with State highway construction as shown on STATE's contract plans and as directed by STATE's Engineer all to clear for State Construction. Your work schedule shall be as follows: All work is to be incorporated in STATE's contract plans and performed by the State Contractor in accordance with contract 12- ORA -55- 074601. Notify Franci Coleman at (949) 724 -2710, Fax (949) 724 -2622 as to schedule of work. Liability for the cost of the valve adjustment work is: 100% OWNER's expense under Section 673 & 680 of the Streets and Highways Code. CINDY QUON DISTRICT DIRECTOR DEBORAH MEYERS DISTRICTED By ' RICKY TR RODRI�itJ DISTRICT CC: 12 CC: aeaident Engineer R/W UTILITY COORDINATOR Ww THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK. STATE OF CALIFORNIA . DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT Page 9 of 3 " Dist I Co I Rte I LA 12 ORA 55 0.010.5 OJ4601 Federal Aid No. Owners File: FEDERAL PARTICIPATION: On the Project ❑ Yes ® No On the Utilities ❑ Yes ® No UTILITY AGREEMENT NO. 12 -UT -997 DATE .2007 The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes to overlay existing pavement with rubberized asphalt concrete and replace existing loop detectors and traffic striping on State Route 55 from Finley Avenue to the Old Newport Boulevard off ramp in the City of Newport Beach, and the City of Newport Beach Utilities Department (Water); hereinafter called "OWNER", owns and maintains underground water facilities, in particular, three (3) water valve covers within the limits of STATE'S project which require adjustment to grade to accommodate the STATE'S project. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No. 12 -UT -997 dated October 15, 2007, STATE shall adjust OWNER's three (3) water valve cover facilities along State Route 55, as shown on STATE's contract plans for the improvement of State Route 55, EA OJ4601, 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, shalt 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 plan described above and are hereby made a part hereof. No work under said deviation shalt 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 by STATE's contractor during construction. Upon completion of the work by STATE, OWNER agrees to accept ownership and maintenance of the constructed facilities. H. LIABILITY FOR WORK The existing facilities are located with the STATE's right of way under permit and will be adjusted at 100% OWNER's expense under the provisions of Section (673)(680) of the Streets and Highway Code. III. PERFORMANCE OF WORK OWNER shall have access to all phases of the adjustment 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. UTILITY AGREEMENT (Cont.) IV. PAYMENTS FOR WORK Page 2 of 3 The OWNER shall pay its share of the actual cost of said work included in the STATE's highway construction contract within 90 days after receipt of STATE's bill, compiled on the basis of the actual bid price of said contract. The estimated cost to OWNER for the work being performed by the STATE's highway contractor is $1,200.00. In the event actual final relocation costs as established herein are less than the sum of money advanced by OWNER to STATE, STATE hereby agrees to refund to OWNER the difference between said actual cost and the sum of money so advanced. In the event that the actual cost of relocation exceeds the amount of money advanced to STATE, in accordance with the provisions of this Agreement, OWNER hereby agrees to reimburse STATE said deficient costs upon receipt of an itemized bill as set forth herein. V. GENERAL CONDITIONS If STATE's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. UTILITY AGREEMENT (Cont.) RW 13-5 (Rev. IW5) THE ESTIMATED COST TO THE STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS$ 0.00 CERTIFICATION OF FUNDS I hacby certify upon my own persona( knowledge drat budgeted fiords are available fm the period and purpose of the expo xtitare shown hem A=ountird Officer Date ITEM $ 000 STAT FY AMOUNT RW Funds --CHAP is 0.00 , STATE: 9� FUNDTYPE I EA OUNT 6�L__ — Design Funds OJ4601 $ 000 Construction Funds OJ4604 $ 1,200.00 RW Funds is 0.00 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. APPROVAL RECOMMENDED: ,40 By C� Rod Date District 12;�j ttheg nator Prepared', -7 By C&QO-�, 16 1 I'S J(J' Franci Coleman Date SR 55 Utility Coordinator: OWNER: CITY OF N UTILITIES DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY PLANNING AND MANAGEMENT COMPLETES EXCEPT SHADED COLUMNS: If j-f Hrf wKem I a a a I 14NjB W_ D DOCUMENT NUMBER DIST UNIT CH � DIST EA SUB JOB SPECIAL DESIGNATION I FFY JIFAI OW DOLLAR CODE AMOUNT , EA FUNDING VERIFIED: Si r> Print> R/W Planning and Martagenient Date Distribution: 3 originals to RfW Program Accounting & Analysis 3 originals returned to R/W Planning & Management REVIEW /REQUEST FUNDING; Sign> Print> Utility Coordinator Date