STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 1 of 4 This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].
ADA Notice
UTILITY AGREEMENT
DOT RW 13-05 (REV 03/2024)
DISTRICT
03 COUNTY
YUB
ROUTE
70 POST MILE
14.8/15.7
PROJECT ID
0315000082
FEDERAL AID NUMBER
P070(145)
OWNER'S FILE NUMBER
03150000821
FEDERAL PARTICIPATION/FEDERALLY ELIGIBLE/NEPA DOCUMENT
On the Project Yes No On the Utilities Yes No
Owner Payee Data No. VC0000020229/AD003 or Form STD 204 is attached.
UTILITY AGREEMENT NO. 0325UA2858.10 DATE
The State of California, acting by and through the Department of Transportation, hereinafter called "STATE," proposes to rehabilitate the roadway and construct operational improvements including turn pockets and auxiliary lanes in and near Marysville from South of 14th street to North of Cemetery Rd.
and
NAME The City of Marysville
ADDRESS 526 C St Marysville, CA 95901
hereinafter called "OWNER," owns and maintains
Sewer facilities
within the limits of STATE's project which requires
Relocation of Sewer facilities in accordance with Wood Rodgers Inc.'s Relocation plans #03150000821 dated 01/30/2025, approved by Caltrans on 03/26/2025, and consisting of 8 sheets.
to accommodate STATE's project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 2858.10 dated 09/15/2025, OWNER shall relocate City Sewer facilities to clear project-Binney Junction Railroad Rehab Project (03-0H160). All work shall be performed substantially in accordance with OWNER’s Plan No. 03150000821 dated 01/30/2025 consisting of 8 sheets, a copy of which is on file in the District office of the Department of Transportation at 703 B St. Marysville, CA 95901. 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 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 OWNER’s 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.
II. LIABILITY FOR 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
******ASSUMING CITY PERFORMS WORK BY COMPETITIVE BID PROCESS******* OWNER agrees to cause the herein described work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished all necessary labor, materials, tools, and equipment STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 2 of 4
UTILITY AGREEMENT
DOT RW 13-05 (REV 03/2024)
UTILITY AGREEMENT NO.
0325UA2858.10
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].
ADA Notice
required therefore, and to prosecute said work diligently to completion. (a) Work performed by OWNER’s contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements.
(b) Work performed directly by Owner’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above.
Use of personnel requiring lodging and meal ‘per diem’ expenses shall not exceed the per diem expense amounts allowed under the California Department of Human Resources travel expense guidelines. Accounting Form FA-1301 is to be completed and submitted for all non-State personnel travel per diem. Owner shall also include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed.
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 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. 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 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 detailed 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 a detailed 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, Subpart E, 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 02/16/2022 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.
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 3 of 4
UTILITY AGREEMENT
DOT RW 13-05 (REV 03/2024)
UTILITY AGREEMENT NO.
0325UA2858.10
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].
ADA Notice
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 and/or LPA under the terms of this Agreement are subject to the acceptance of the Agreement by LPA Board of Directors or the Delegated Authority (as applicable), 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.
STATE will acquire new rights of way at 100% State cost, in the name of either the STATE or OWNER through negotiation or condemnation and when acquired in STATE’s name, shall convey same to OWNER by Director’s Easement Deed.
Where OWNER has prior rights in areas which will be within the highway right of way and where OWNER’s facilities will remain on or be relocated on STATE highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties.
STATE further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, “Guidance”) issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER’s actions are in compliance with the Guidance.
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 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA.
OWNER understands and acknowledges that this project 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, 2 CFR 184, or other applicable provisions.
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
STATE: OWNER:
By By
Name Carol P. Alvarado
Title Senior Right of Way Agent
Date Name
Title
Date
APPROVAL RECOMMENDED:
By By
Name Robert Walsh
Title Associate Right of Way Agent
Date Name
Title
Date
THIS AGREEMENT SHALL NOT BE EXECUTED BY THE STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION UNTIL FUNDS ARE CERTIFIED.
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 4 of 4
UTILITY AGREEMENT
DOT RW 13-05 (REV 03/2024)
UTILITY AGREEMENT NO.
0325UA2858.10
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].
ADA Notice
PROJECT ID FUNDING VERIFIED:
Sign:
Print: Sherry Archer
R/W Planning and Management Date
REVIEW / REQUEST FUNDING:
Sign:
Print: Robert Walsh
Utility Coordinator Date
CERTIFICATION OF FUNDS
I hereby certify upon my own personal knowledge that
budgeted funds are available for the period and purpose of the expenditure shown here.
R/W Planning and Management Date
ITEM CHAP STAT FY AMOUNT
FUND TYPE PROJECT ID AMOUNT
Design Funds $
Construction Funds $
R/W Funds $
CT
DOCUMENT
EVENT
TYPE DEPT UNIT PROJECT ID PHASE REPORTING OBJ CODE (N) BFY AMOUNT 0325UA28585 C401 2660 0408 9
C401 2660 9
C401 2660 9
THE ESTIMATED COST TO THE STATE FOR ITS SHARE OF THE ABOVE-DESCRIBED WORK IS Distribution: 2 originals to R/W Accounting
1 original to Utility Owner
1 original to Utility File
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 1 of 2
UTILITY AGREEMENT
DOT RW 13-05 (REV 03/2024)
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].
ADA Notice
INSTRUCTIONS FOR PREPARING THE
UTILITY AGREEMENT
THE UTILITY AGREEMENT NO. 0325UA2858.10 :
1. The UTILITY AGREEMENT NO. 0325UA2858.10 is the same number assigned to the corresponding Notice to Owner, except the State Controller requires that the Utility Agreement number be preceded by the two-digit District number, a dash, the prefix "UT," and another dash, e.g.,
UTILITY AGREEMENT NO. 01-UT-12345
The number assigned must never be duplicated on another Utility Agreement.
2. THE DATE:
The DATE is hand written in by the utility coordinator after the Agreement is executed. This date is the same date as the last signature of the person who has the authority to bind the agreement.
3. THE REFERENCE BLOCK:
A. The "District" for which the project is being built; B. The "County" in which the project is being built;
C. The "Route" on which the project is being built;
D. The "Post Mile" will be the post mile limits of the project; E. The "Project ID" of the project;
F. The "Federal Aid Number," taken from the E-76, for the Right of Way Utilities portion of the project. If there is no Federal Aid, then N/A should be inserted;
G. The "Owner's File" number should be shown (usually the owner's plan number); H. "Federal Participation" - Check "Yes" or "No";
I. "Owner Payee Data Number" - Add existing number or add form STD 204 and check the box.
4. THE OPENING PARAGRAPH:
A. Describes briefly the work to be done and the proposed project's limits; B. Identifies the owner. This area requires both the name and the address of owner; C. Identifies which of the owner's facilities are affected by the Utility Agreement; and D. Indicates what must be done to the owner's facilities to accommodate the State's project.
5. STANDARD CLAUSES:
See Section 13.07.00.00 of the Right of Way Manual.
Several standard clauses are made mandatory in Sections III and IV.
6. THE ESTIMATED COST:
The estimated cost to the State for its share of the work (on the back page) is normally taken from the owner's estimate as supplied by them.
Occasionally, the State performs work for the owner, even though the owner is liable for the costs. The estimated cost to the State can be reworded to the estimated cost to the Owner when necessary.
There are basically only three Project IDs that can be charged to on Utility Agreements. They are:
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 2 of 2
UTILITY AGREEMENT
DOT RW 13-05 (REV 03/2024)
This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].
ADA Notice
7. FUND TYPE BLOCK:
A. Design Funds Project ID $ :
The design funds Project ID (Phase 1) is used primarily for design purposes. Phase 1 funds are paid for by Project Development.
B. Construction Funds Project ID $ :
The construction funds Project ID (Phase 4 or 5) is used primarily for work being performed by the State's highway contractor and paid by Construction.
C. R/W Funds Project ID $ :
The Right of Way capital funds Project ID (Phase 9) is used primarily for positive location (potholing), relocation, removal, abandonment, etc., of the owner's facilities for work performed by them or their contractor. Environmental clearance and project report approval shall be obtained prior to encumbering any Phase 9 funds.
8. THE SIGNATURE BLOCK:
The signature block is to be filled out and signed by the appropriate authorized and/or delegated persons. It is the District Utility Coordinator's responsibility to know what duties have been delegated.
9. THE CERTIFICATION OF FUNDS BLOCK:
Planning & Management fills out the certification of funds block, certifying that funds are available for expenditure.
10. NONSTANDARD CLAUSES:
In the preparation of Utility Agreements, it may be necessary to prepare clauses other than the standard clauses listed. Prior approval from the HQ R/W shall be obtained any time a nonstandard clause is used.