Laserfiche WebLink
(8) RIGHT-OF-WAY ACQUISITION: No acquisition of additional right'of-way. <br />is anticipated'in connection with Job No. J6P1631 or contemplated by this Agreement. <br /> <br />(9) UTILITY RELOCATION: <br /> <br /> (A) The Commission and the City shall cooperate to secure the <br />temporary or permanent removal, relocation, or adjustment of public utilities or private <br />lines, poles, wires, conduits, and pipes located on the right-of-way of existing public ways <br />as necessary for construction of the improvement and the cost shall be borne by such <br />public utilities or the owners of the facilities except where the City is by existing franchise <br />or agreement obligated to pay all or a portion of such cost, in which case the City will pay <br />its obligated portion of the cost. <br /> <br /> (B) The Commission shall secure the removal, relocation, or adjustment <br />of any public or private utilities located upon private easements and shall pay any costs <br />incurred therein. <br /> <br /> (C) It is understood and agreed by the parties to this Agreement that no <br />city-owned utility facilities will require relocation or adjustment in connection with this <br />improvement, but that should utility facilities be discovered at any time during <br />development or construction of this improvement, relocation or adjustment of the same <br />will be done and performed under a supplemental agreement covering the subject, and <br />in accordance with Commission policy then in effect on division of costs for adjustment of <br />utility facilities. <br /> <br /> (D) In cases of public utilities owned by the City which must be moved, <br />adjusted, or altered to accommodate construction of this improvement, and such city- <br />owned utilities, poles, wires, conduits, and pipes are located within the present city limits <br />and located on an existing city street, not state highway right:of-way, but being taken <br />over by the Commission as a part of its highway right-of-way, the City will perform the <br />necessary removal, adjustment, alterations and relocation, and the Commission will <br />reimburse the City except as otherwise provided. The City shall perform the removal, <br />adjustment, alterations and relocation in accordance with the detail plans, estimates of <br />costs and bills of materials prepared by the City in accordance with Federal Aid Policy <br />Guide, Title 23 CFR Subchapter G, Part 645, Subpart A (FAPG 23 CFR 645A), dated <br />December 9, 1991 and any revision of it, and approved by the Commission's district <br />engineer, and shall perform all work and keep the records of the costs in accordance <br />with FAPG 23 CFR 645A and its revisions. Upon the completion of any such work and <br />on receipt by the Commission of the original and four copies of a bill for the actual costs <br />incurred by the City in making any such removal, adjustment, alteration and relocation, <br />the Commission shall reimburse the City for the actual cost necessitated by construction <br />of this public improvement. The Commission's obligation toward the cost of any such <br />removal, adjustment, alteration and relocation shall extend only to those costs incurred in <br />accordance with FAPG 23 CFR 645A and its revisions. <br /> <br /> (E) Should it be necessary to alter, relocate or adjust any city-owned <br /> utility facilities outside the present city limits on public right-of-way or on state highway <br /> 3 <br /> <br /> <br />