HomeMy WebLinkAboutAGMT - OCTA (Orange County Transportation Authority) (I-405 Improvement Project for Water Line Relocation (NT2207) (Pending return from OCTA)ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT NO UK104291
DISTRICT COUNTY ROUTE POST MILE EA PROJECT ID
12 1 Orange I-405 9.3-24.2. 12-0H100 1200000180
FEDERAL AID NUMBER OWNER'S PLAN NUMBER
B PLULN-6071(043,) N/A
FEDERAL PARTICIPATION
On the project ® YES ❑ NO On the Utilities ❑ YES ® NO
UTILITY AGREEMENT NO. UK104291 DATE
r
The Orange County Transportation Authority (OCTA) in cooperation with the California Department of
Transportation ("Caltrans") is proposing to improve Interstate 405 between State Route 73 and Interstate 605
(Project). OCTA and Caltrans have entered into Cooperative Agreement No. 12-697 relating to the Project
under which Caltrans will provide Project oversight and upon completion of the Project, Caltrans will continue
to own and maintain the Interstate 405.
City of Seal Beach
Hereinafter referred to as "OWNER", owns and maintains the following (the "Utility Facilities")
Two 8 -inch steel water lines in concrete encasement crossing the Montecito Channel west of the I-405
freeway and north of the SR -22 freeway in the City of Seal Beach
within the limits of the OCTA Project which require
relocation
to accommodate OCTA's Project.
It is hereby mutually agreed between OCTA and OWNER as follows:
I. WORK TO BE PERFORMED
In accordance with Notice to Owner No. UK104291 dated 6/7/2022, OCTA shall relocate
OWNER's Utility Facilities as shown on OCTA's Design -Build project plans for the
improvement of Interstate 405, EA 12-OH100 which by this reference are made a part hereof.
OWNER hereby acknowledges review of OCTA's Design -Build project plans for work and
agrees to the construction in the manner proposed. Deviations from the plan described above
initiated by either OCTA or the OWNER, shall be agreed upon by both parties hereto under a
Revised Notice to Owner. Such Revised Notices to Owner, approved by OCTA 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 OCTA, OWNER agrees to accept ownership and maintenance of the constructed
facilities and relinquishes to OCTA ownership of the replaced facilities, except in the case of
liability determined pursuant to Water Code 7034 or 7035.
02-03-2016
UTILITY AGREEMENT (Cont.)
H. LIABILITY FOR WORK
Paget of4
UTILITY AGREEMENT NO.
UK104291
The existing facilities are located within the County of Orange's right of way under permit and
will be relocated at OWNER's expense under the provisions of Section 673 of the Streets and
Highways Code.
M. PERFORMANCE OF WORK
OWNER shall have access to all phases of the relocation work to be performed by OCTA, as
described in Section I above, for the purpose of inspection to ensure that the work is in
accordance with the specifications contained in OCTA's Design -Build Contract; however, all
questions regarding the work being performed will be directed to OCTA's Resident Engineer
for their evaluation and final disposition.
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.
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.
IV. PAYMENT FOR WORK
The OWNER shall pay its share of the actual cost, not -to -exceed the value of this Agreement,
and pay its share of said work within 45 days after receipt of OCTA's bill, compiled on the
basis of the actual bid price of said contract. The not -to -exceed cost to OWNER for the work
being performed by OCTA's Design -Build contractor is $219,515.
X. GENERAL CONDITIONS
If OCTA's Project which precipitated this Agreement is canceled or modified so as to
eliminate the necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA
reserves the right to terminate this Agreement by Amendment. The Amendment shall provide
mutually acceptable terms and conditions for terminating the Agreement.
OWNER shall submit a Construction Inspection Approval Letter to OCTA 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.
UTILITY AGREEMENT (Cont.)
Page 3 of
UTILITY AGREEMENT NO.
UK104291
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.
If, in connection with OWNER'S performance of Work hereunder, OCTA provides to OWNER
any materials that are subject to the Buy America Rule, OCTA acknowledges and agrees that
OCTA shall, be solely responsible for satisfying any and all requirements relative to the Buy
America Rule concerning the materials thus provided (including, not limited to, ensuring and
certifying that said materials comply with the requirements of the Buy America Rule).
OCTA 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 a violations of tlip Buy America
Rule if OWNER's actions are in compliance ,ith thea, i ida I,
OWNER will review and/or approve the submitted Proct plans within, a perio four (4)
weeks. 4
The terms of this Agreement shall be binding and inure to the benefits of the Parties hereto.
THE NOT -TO -EXCEED COST TO OWNER FOR ITS SHARE OF THE ABOVE-
DESCRIBED WORK IS $219.515
Signatures on Following Page
UTILITY AGREEMENT (Cont.)
SIGNATURE PAGE
TO
UTILITY AGREEMENT NO.
UK104291
Page of
UTILITY'AGREEMENT NO.
UK104291
IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below.
Owner:
CITY OF SEAL BEACH, a charter city
Date:
APPROVED AS,TO
By:
"Craig A. Steele
City Attorney
ORANGE COUNTY
TRANSPORTATION AUTHORITY,
a public entity
James G. Beil
Executive Director,
Capital Programs
Date:
APPROVED AS TO FORM:
Date: Date:
James M. Donich
General Counsel