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HomeMy WebLinkAboutAGMT - OCTA (Utility Agreement UK104063) (Pending return from OCTA)ORANGE COUNTY TRANSPORTATION AUTHORITY UTILITY AGREEMENT UK104063 DISTRICT COUNTY ROUTE POST MILE I EA PROJECT ID 12 Orange I-405 9.3-24.2 12-OH1000 1200000180 FEDERAL AID NUMBER OWNER'S PLAN NUMBER HPLULN-6071(043) N/A FEDERAL PARTICIPATION On the project ® YES ❑ NO On the Utilities ❑ YES ® NO UTILITY AGREEMENT NO. UK104063 DATE 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 • 12 -inch asbestos cement pipe water line adiacent to southbound I-405 at North Gate Rd ("Facilities) in the City of Seal Beach within the limits of the OCTA Project which requires relocation to accommodate OCTA's Project. It is hereby mutually agreed between OCTA and OWNER as follows: I. WORK TO BE DONE In accordance with Notice to Owner No. UK104063 dated December 5, 2022, OCTA shall relocate OWNER's Facilities as shown on OCTA's Project plans for the improvement of Interstate 405, EA 1201-1100 which by this reference are made a part hereof. OWNER hereby acknowledges review of OCTA's 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.) II. LIABILITY FOR WORK Page 2 of 5 UTILITY AGREEMENT NO. UK104063 This is a second or subsequent relocation of existing facilities within a period of ten years; therefore, relocation is at OCTA expense under the provisions of Section 704 of the Streets and Highways Code. III. 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 highway construction Contract; however, all questions regarding the work being performed will be directed to OCTA's Resident Engineer for their evaluation and final disposition. 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. 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 OCTA 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 OCTA 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 OCTA 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 UTILITY AGREEMENT (Cont.) Page 3 of 5 UTILITY AGREEMENT NO. UK104063 this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an Amendment to this Agreement has been executedby the parties to this Agreement. The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work described in Section I above. If OCTA 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 OCTA has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), OCTA 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 OCTA 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 OCTA's Board of Directors. 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, OCTA 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 OCTA. 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 OCTA's Board of Directors. 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 OCTA. 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 OCTA, State, and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA upon receipt of OCTA billing. If OWNER is subject to repayment due to failure OCTA to comply with applicable laws, regulations, and ordinances, then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement. UTILITY AGREEMENT (Cont.) V. GENERAL CONDITIONS Page 4 of 5 UTILITY AGREEMENT NO. UK104063 All costs accrued by OWNER as a result of OCTA's request of March 6, 2015 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." 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. 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 any violations of the Buy America Rule if OWNER's actions are in compliance with the Guidance. OWNER will review and/or the submitted Project plans within a period of four (4) weeks. The terms of this Agreement shall be binding and inure to the benefits of the Parties hereto. THE ESTIMATED COSTS TO OCTA FOR THE ABOVE-DESCRIBED WORK IS $19,913. Signatures on Following Page UTILITY AGREEMENT (Cont.) SIGNATURE PAGE TO UTILITY AGREEMENT NO. UK104063 Page 5 of 5 UTILITY AGREEMENT NO. UK104063 IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below. Owner: CITY OF SEAL BEACH, a charter city APPROVED By: Title: Date: 01 1 2lP f 202 3 APPROVED AS.TO By: 4 4t- 11 raig 9. Steele City Attorney ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity APPROVED By: tl Jam G. Bell Ex utive Director, C ital Programs Date: Z/2 'w2.3 APPROVED AS TO FORM: LIN Date: Date: James M. Donich General Counsel UTILITY AGREEMENT (Cont.) SIGNATURE PAGE TO UTILITY AGREEMENT NO. UK104063 Page 5 of UTILITY AGREEMENT NO. IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below. Owner: CITY OF SEAL BEACH, a charter city I APPROVED By: Title: M A NAGIM Date: 0112-UL2-023 APPROVED AS TO By: / - a raig k. Steele City Attorney ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity APPROVED Lo James G. Beil Executive Director, Capital Programs Date: APPROVED AS TORORM: LIM Counsel Date: Date: 4219b) RESOLUTION 7364 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING UTILITY AGREEMENT NO. UK104063 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH WHEREAS, the 1-405 Improvement Project ("Project") is widening the 405 Freeway between the Orange County limits and City of Costa Mesa, including a portion of the 405 Freeway within the City of Seal Beach ("City"); and, WHEREAS, on February 25, 2022, Orange County Transportation Authority ("OCTA") notified the City that the 1-405 Improvement Project impacted an existing 12 -inch City waterline ("Waterline") that runs along the northerly edge of the City's Beverly Manor Reservoir and North Gate Road within the City, because the 405 Freeway widening included demolition of existing sound walls and installation of new sound walls within the area where the Waterline was partially located; and, WHEREAS, the Director of Public Works determined that as a result of the proposed construction by OCTA, there was an imminent need for the City to relocate the Waterline to prevent impairment of the potable water supply and fire flow water for the City and its residents and businesses, and the Director of Public Works thereupon declared an emergency finding that the relocation of the Waterline was of urgent necessity for the preservation of life, health and property, and that there would not be sufficient time for public bidding in order to carry out the work, and authorized the emergency relocation to be performed by Valverde Construction, Inc. (Valverde); and, WHEREAS, City Council ratified the declaration of emergency and authorized payment for the Waterline relocation on June 13, 2022; and, WHEREAS, on June 20, 2022, OCTA identified additional Waterline segments that remain in conflict with certain Project structures which were not previously noted, namely an overhead freeway sign; and, WHEREAS, funding for construction of the additional Waterline relocation work ("Additional Work") is the responsibility of OCTA; and, " WHEREAS, OCTA, in cooperation and partnership with the Caltrans, is requesting the City of Seal Beach to enter into a Utility, Agreement No. UK104063 to fully reimburse the City of any and all costs assbciated with, but not limited to, reviewing, preparing, approving, finalizing and inspecting utility relocation plans for Additional Work; and WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: SECTION 1. The City Council hereby approves Utility Agreement No. UK10463 between the City of Seal Beach and Orange County Transportation Authority attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in full SECTION 2. The City Council of the City of Seal Beach hereby authorizes the City Manager to execute the Utility Agreement. SECTION 3. The City Council recognizes $19,913 pursuant to Utility Agreement No. UK10463 into the Water Maintenance and Operations account. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 231d day of January 2023 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None SEA! Joe almick, Mayor loria D. Hofper, City Cl STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 7364 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regu* meeting held on the 231d day of January, 2023. loria D. Harper, City Clerk ORANGE COUNTY TRANSPORTATION AUTHORITY UTILITY AGREEMENT UK104063 DISTRICT COUNTY ROUTE POST MILE EA PROJECT ID 12 Orange I-405 9.3-24.2 12-OH1000 1200000180 FEDERAL AID NUMBER OWNER'S PLAN NUMBER HPLULN-6071(043) N/A FEDERAL PARTICIPATION On the project ® YES ❑ NO On the Utilities ❑ YES ® NO UTILITY AGREEMENT NO. UK104063 DATE 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 • 12 -inch asbestos cement pine water line adiacent to southbound I-405 at North Gate Rd ("Facilities) in the City of Seal Beach within the limits of the OCTA Project which requires relocation to accommodate OCTA's Project. It is hereby mutually agreed between OCTA and OWNER as follows: I. WORK TO BE DONE In accordance with Notice to Owner No. UK104063 dated December 5, 2022, OCTA shall relocate OWNER's Facilities as shown on OCTA's Project plans for the improvement of Interstate 405, EA 120H100 which by this reference are made a part hereof. OWNER hereby acknowledges review of OCTA's 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.) II. LIABILITY FOR WORK Page 2 of 5 UTILITY AGREEMENT NO. UK104063 This is a second or subsequent relocation of existing facilities within a period of ten years; therefore, relocation is at OCTA expense under the provisions of Section 704 of the Streets and Highways Code. III. 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 highway construction Contract; however, all questions regarding the work being performed will be directed to OCTA's Resident Engineer for their evaluation and final disposition. 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. 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 OCTA 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 OCTA 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 OCTA 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 UTILITY AGREEMENT (Cont.) Page 3 of 5 UTILITY AGREEMENT NO. UK104063 this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an Amendment to this Agreement has been executedby the parties to this Agreement. The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work described in Section I above. If OCTA 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 OCTA has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), OCTA 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 OCTA 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 OCTA's Board of Directors. 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, OCTA 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 OCTA. 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 OCTA's Board of Directors. 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 OCTA. 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 OCTA, State, and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA upon receipt of OCTA billing. If OWNER is subject to repayment due to failure OCTA to comply with applicable laws, regulations, and ordinances, then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement. UTILITY AGREEMENT (Cont.) V. GENERAL CONDITIONS Page 4 of 5 UTILITY AGREEMENT NO. UK104063 All costs accrued by OWNER as a result of OCTA's request of March 6, 2015 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." 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. 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 15.18; 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 any violations of the Buy America Rule if OWNER's actions are in compliance with the Guidance. OWNER will review and/or the submitted Project plans within a period of four (4) weeks. The terms of this Agreement shall be binding and inure to the benefits of the Parties hereto. THE ESTIMATED COSTS TO OCTA FOR THE ABOVE-DESCRIBED WORK IS $19,913. Signatures on Following Page UTILITY AGREEMENT (Cont.) SIGNATURE PAGE TO UTILITY AGREEMENT NO. UK104063 Page 5 of 5 UTILITY AGREEMENT NO. UK104063 IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below. Owner: CITY OF SEAL BEACH, a charter city APPROVED By: T� Title: G I -N M A NAGEM Date: 0112412-023 APPROVED AS, TO _F.P994 By: - 6 raig X. Steele City Attorney Date: ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity APPROVED 0 James G. Beil Executive Director, Capital Programs Date: APPROVED AS TO FORM: Lo Date: James M. Donich General Counsel 0 In RESOLUTION 7364 IL I A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING UTILITY AGREEMENT NO. UK104063 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH WHEREAS, the 1-405 Improvement Project (Project") is widening the 405 Freeway between the Orange County limits and City of Costa Mesa, including a portion of the 405 Freeway within the City of Seal Beach ("City"); and, WHEREAS, on February 25, 2022, Orange County Transportation Authority ("OCTA") notified the City that the 1-405 Improvement Project impacted an existing 12 -inch City waterline ("Waterline") that runs along the northerly edge of the City's Beverly Manor Reservoir and North Gate Road within the City, because the 405 Freeway widening included demolition of existing sound walls and installation of new sound walls within the area where the Waterline was partially located; and, WHEREAS, the Director of Public Works determined that as a result of the proposed construction by OCTA, there was an imminent need for the City to relocate the Waterline to prevent impairment of the potable water supply and fire flow water for the City and its residents and businesses, and the Director of Public Works thereupon declared an emergency finding that the relocation of the Waterline was of urgent necessity for the preservation of life, health and property, and that there would not be sufficient time for public bidding in order to carry out the work, and authorized the emergency relocation to be performed by Valverde Construction, Inc. (Valverde); and, WHEREAS, City Council ratified the declaration of emergency and authorized payment for the Waterline relocation on June 13, 2022; and, WHEREAS, on June 20, 2022, OCTA identified additional Waterline segments that remain in conflict with certain Project structures which were not previously noted, namely an overhead freeway sign; and, WHEREAS, funding for construction of,the additional Waterline relocation work ("Additional Work") is the responsibility,of OCTA; and, WHEREAS, OCTA, in cooperation and partnership with the Caltrans, is requesting the City of Seal Beach to enter into a Utility Agreement No. UK104063 to fully reimburse the City of any and all costs associated with, but not limited to, reviewing, preparing, approving, finalizing and inspecting utility relocation plans for Additional Work; and WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: SECTION 1. The City Council hereby approves Utility Agreement No. UK10463 between the City of Seal Beach and Orange County Transportation Authority attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in full SECTION 2. The City Council of the City of Seal Beach hereby authorizes the City Manager to execute the Utility Agreement. SECTION 3. The City Council recognizes $19,913 pursuant to Utility Agreement No. UK10463 into the Water Maintenance and Operations account. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 231d day of January 2023 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None Joe almick, Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 7364 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a reguAr meeting held on the 231d day of January, 2623. D. Harper, City Clerk D D